What are the
implications if a resource company forgets to tell you about that patch of
parthenium they sprayed last week and you’ve got no idea what the chemical is
or what it does, or if there are any withholding periods? Or what about that puddle of fraccing water
that your cattle just walked through because of a burst pipe? As a National Vendor Declaration (NVD) is a
legal document, it must be filled in correctly to safeguard against being
issued with serious penalties for supplying incorrect information.
The NVD asks questions
about chemical residue, withholding periods and where your cattle have been
grazing for the last 60 days. Even
though you know what chemicals you have on your property and you know where
you’ve used them, what about the resource company?
Resources
companies should need to get your consent to chemical use before they start and it’s really important to have a clause
covering chemical usage in your access agreement with the resource
company. A good access agreement will
cover what happens if there is a problem and provide details of how to fix it.
Negotiating
Access Agreements can be a time consuming exercise, but this is your life, your
home and your livelihood – so it is well worth investing some time to make sure
there are no major disruptions to your business and your income.
Anyone with questions or concerns about covering
chemical usage in an access agreement, please feel free to contact Melanie
Oliver or Amy Gudmann at Rees R & Sydney Jones Solicitors on (07) 4927
6333.