By: Glenn Biggs, Partner and Peter Dovolil, Senior Assoicate; Carter Newell (Queensland, Australia)
Aerial spraying, also known as crop dusting, involves the use of aircraft to spray crops or agricultural land with fertilizers, pesticides or fungicides. The propensity for the substance being applied aerially to 'drift' is well known, and when applying pesticides can lead to unintended damage on neighbouring land. Claims arising from such situations are commonly referred to as spray drift claims, and there have been a number of recent decisions which have provided guidance in relation to the principles which apply in such claims.
Whilst each case will turn on its respective facts, generally spray drift claims involve three sets of parties, the owner(s) of the property which has commissioned the aerial spraying, the company / individuals performing the aerial spraying and the owner(s) of the land or property which is damaged by the spray drift.
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