❓ A WA parliamentary question seeks information on the Department of Conservation and Land Management's (CALM) liability for smoke damage to crops from prescribed burns, including insurance coverage, legal action, and immunity.
AnsweredQoN 226Legislative Council
QuestionView source ↗
DEPARTMENT OF CONSERVATION AND LAND MANAGEMENT - LIABILITY FOR SMOKE DAMAGE
(1) Does the Department of Conservation and Land Management maintain a current insurance policy to cover liability for damages to crops as a result of smoke damage caused through CALM prescribed burns; and, if not, why not? (2) Has legal action been initiated against CALM in the past five years by plaintiffs seeking to recover damages for smoke damage to crops; and, if so, what was the type of location of the affected crops and were damages paid; and, if so, what was the quantum of each claim; and, if not, why not? (3) Does CALM enjoy any immunity greater than would a member of the public that would prevent a successful action for crop damage as a consequence of a CALM prescribed burn; and, if so, what is the nature of the immunity? Hon JON FORD
(1) Does the Department of Conservation and Land Management maintain a current insurance policy to cover liability for damages to crops as a result of smoke damage caused through CALM prescribed burns; and, if not, why not? (2) Has legal action been initiated against CALM in the past five years by plaintiffs seeking to recover damages for smoke damage to crops; and, if so, what was the type of location of the affected crops and were damages paid; and, if so, what was the quantum of each claim; and, if not, why not? (3) Does CALM enjoy any immunity greater than would a member of the public that would prevent a successful action for crop damage as a consequence of a CALM prescribed burn; and, if so, what is the nature of the immunity? Hon JON FORD
AnswerView source ↗
On behalf of the minister representing the Minister for the Environment, I thank the member for some notice of this question. The Minister for the Environment has supplied the following answer - (1) In accordance with government policy, CALM participates in self-insured government arrangements through the RiskCover division of the Insurance Commission of Western Australia. Claims for damages are assessed on their merits, and liability is not determined unless negligence is established at law. (2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
(2) Has legal action been initiated against CALM in the past five years by plaintiffs seeking to recover damages for smoke damage to crops; and, if so, what was the type of location of the affected crops and were damages paid; and, if so, what was the quantum of each claim; and, if not, why not? (3) Does CALM enjoy any immunity greater than would a member of the public that would prevent a successful action for crop damage as a consequence of a CALM prescribed burn; and, if so, what is the nature of the immunity? Hon JON FORD replied: On behalf of the minister representing the Minister for the Environment, I thank the member for some notice of this question. The Minister for the Environment has supplied the following answer - (1) In accordance with government policy, CALM participates in self-insured government arrangements through the RiskCover division of the Insurance Commission of Western Australia. Claims for damages are assessed on their merits, and liability is not determined unless negligence is established at law. (2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
(3) Does CALM enjoy any immunity greater than would a member of the public that would prevent a successful action for crop damage as a consequence of a CALM prescribed burn; and, if so, what is the nature of the immunity? Hon JON FORD replied: On behalf of the minister representing the Minister for the Environment, I thank the member for some notice of this question. The Minister for the Environment has supplied the following answer - (1) In accordance with government policy, CALM participates in self-insured government arrangements through the RiskCover division of the Insurance Commission of Western Australia. Claims for damages are assessed on their merits, and liability is not determined unless negligence is established at law. (2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
Hon JON FORD replied: On behalf of the minister representing the Minister for the Environment, I thank the member for some notice of this question. The Minister for the Environment has supplied the following answer - (1) In accordance with government policy, CALM participates in self-insured government arrangements through the RiskCover division of the Insurance Commission of Western Australia. Claims for damages are assessed on their merits, and liability is not determined unless negligence is established at law. (2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
On behalf of the minister representing the Minister for the Environment, I thank the member for some notice of this question. The Minister for the Environment has supplied the following answer - (1) In accordance with government policy, CALM participates in self-insured government arrangements through the RiskCover division of the Insurance Commission of Western Australia. Claims for damages are assessed on their merits, and liability is not determined unless negligence is established at law. (2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
(1) In accordance with government policy, CALM participates in self-insured government arrangements through the RiskCover division of the Insurance Commission of Western Australia. Claims for damages are assessed on their merits, and liability is not determined unless negligence is established at law. (2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
(2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
(3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
(2) Has legal action been initiated against CALM in the past five years by plaintiffs seeking to recover damages for smoke damage to crops; and, if so, what was the type of location of the affected crops and were damages paid; and, if so, what was the quantum of each claim; and, if not, why not? (3) Does CALM enjoy any immunity greater than would a member of the public that would prevent a successful action for crop damage as a consequence of a CALM prescribed burn; and, if so, what is the nature of the immunity? Hon JON FORD replied: On behalf of the minister representing the Minister for the Environment, I thank the member for some notice of this question. The Minister for the Environment has supplied the following answer - (1) In accordance with government policy, CALM participates in self-insured government arrangements through the RiskCover division of the Insurance Commission of Western Australia. Claims for damages are assessed on their merits, and liability is not determined unless negligence is established at law. (2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
(3) Does CALM enjoy any immunity greater than would a member of the public that would prevent a successful action for crop damage as a consequence of a CALM prescribed burn; and, if so, what is the nature of the immunity? Hon JON FORD replied: On behalf of the minister representing the Minister for the Environment, I thank the member for some notice of this question. The Minister for the Environment has supplied the following answer - (1) In accordance with government policy, CALM participates in self-insured government arrangements through the RiskCover division of the Insurance Commission of Western Australia. Claims for damages are assessed on their merits, and liability is not determined unless negligence is established at law. (2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
Hon JON FORD replied: On behalf of the minister representing the Minister for the Environment, I thank the member for some notice of this question. The Minister for the Environment has supplied the following answer - (1) In accordance with government policy, CALM participates in self-insured government arrangements through the RiskCover division of the Insurance Commission of Western Australia. Claims for damages are assessed on their merits, and liability is not determined unless negligence is established at law. (2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
On behalf of the minister representing the Minister for the Environment, I thank the member for some notice of this question. The Minister for the Environment has supplied the following answer - (1) In accordance with government policy, CALM participates in self-insured government arrangements through the RiskCover division of the Insurance Commission of Western Australia. Claims for damages are assessed on their merits, and liability is not determined unless negligence is established at law. (2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
(1) In accordance with government policy, CALM participates in self-insured government arrangements through the RiskCover division of the Insurance Commission of Western Australia. Claims for damages are assessed on their merits, and liability is not determined unless negligence is established at law. (2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
(2) Yes. Legal action has been initiated by four vignerons near Pemberton alleging that smoke from CALM prescribed burns has damaged grape and wine production at the vineyards. Three claims for damages are presently before the Supreme Court of Western Australia but have not yet been determined. One claim is before the Magistrates Court of Western Australia and has not yet been determined. (3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
(3) Section 132 of the Department of Conservation and Land Management Act 1984 provides exemption from liability to any person employed by CALM while performing the functions of the CALM act. The Civil Liability Act 2002 provides additional defences to CALM, as an entity, over and above those that are available for private individuals.
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