TRAMWAY EASEMENTS Thousands of kilometres of cane tramways exist throughout Queensland. In most cases, these tramways are the subject of a formalised easement agreement between the mill owner and the landholder. Surprisingly, some mill tramways are not covered by easements. The purpose of this article is to examine some of the benefits of having an easement and some of the obligations that landholders have if an easement exists on their property. BENEFITS OF WRITTEN EASEMENTS 1.
The mill and the grower are aware of their respective rights, duties and obligations by looking at the easement agreement.
2. The easement provides some certainty for the mill and grower. 3. Issues of who is liable for accidents, damages or injuries can be more clearly determined. 4. The standard form easement contains terms and conditions that are helpful to growers which may not apply if no easement exists. For example, the standard conditions provide for: » the mill to provide reasonable access points over the tramway. » the mill to provide reasonable drainage arrangements. » the mill to be responsible for maintenance of the tramway and removal of ballast. » the mill to indemnify the grower from legal action. » the mill to provide insurance cover. » the mill to keep the tramway clear of noxious weeds and undergrowth. 5. When easements are granted, compensation may be payable to the landholder. OBLIGATIONS OF WRITTEN EASEMENTS 6. The easement will allow the mill owner and its appointed agents and contractors the right to use the easement area for cane tramway purposes.
By Chris Cooper, CANEGROWERS Legal Advisor
7. The landholder will not be allowed to unreasonably interfere with the tramway rights of the mill owner. 8. The easement area will be regarded as a
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shared workplace for Work Health and Safety purposes. Everyone involved in work on that easement area, including mill staff, harvesting contractors and the grower landholder will all have responsibilities relating to the safe work activities in the easement area. LIABILITIES FOR ACCIDENTS 9. Accidents on mill easements are not uncommon. Everyone involved in activities on a mill easement are exposed to potential liability. The following points are relevant: » The particular facts and circumstances will be relevant including who did what, when, how and why. » Review of the terms and conditions of the easement. In most easements there are clauses that deal with responsibility and liability or accident loss and damage occurring on an easement. In some easements, landholders are specifically released from any liability and may be indemnified or protected by the mill from any liability. » Subject to the terms and conditions of the easement everyone involved in easement activity will owe a duty of care to each other. » Always maintain a comprehensive farm property liability insurance policy. Under some easements the mill owner must also maintain appropriate insurance that covers the landholder’s exposure to liability. FURTHER INFORMATION Any CANEGROWERS member wishing to discuss any aspect of legal matters should contact their local CANEGROWERS district office or call me on Free Call 1800 177 159, for free initial legal advice.
