104Farmers not liable for damage caused to users of corridor by agricultural spraying

104 Farmers not liable for damage caused to users of corridor by agricultural spraying

(1)  In this section –

farm has the same meaning as in the Primary Industry Activities Protection Act 1995 ;

farmer means a person carrying out the operations of a farm.

(2)  Despite any other Act, including the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 , or any law or doctrine, a farmer is not liable for any damage, or adverse effect, caused to a person, or the property of a person, if –

(a) the damage is caused by the spraying on a farm of any chemical that the farmer is authorised to use on that farm; and

(b) the spraying occurs when the person or property is situated on a corridor; and

(c) the person is not a responsible manager, or acting on behalf of a responsible manager, in relation to the corridor; and

(d) the carrying out of the spraying does not contravene or fail to comply with an enactment of the State or the Commonwealth or a by-law of a council; and

(e) the spraying is not carried out improperly or negligently.