Duty of care
Duty of care is a broad ranging legal principle which, simply stated, means that one must take steps to ensure a reasonable standard of care while performing acts that could foreseeably harm other people, property or the environment.
As well as the common law duty of care and the General Environmental Duty under State environmental legislation, all leases, licences and permits issued under the Land Act 1994 are subject to a statutory condition that the leaseholder, licensee or permittee has the responsibility for a duty of care for the land.
The Delbessie Agreement has clarified a rural leaseholder’s duty of care where a lease is issued for agricultural, grazing or pastoral purposes. The leaseholder’s duty of care includes that they must take all reasonable steps to do the following in relation to the lease land:
- avoid causing or contributing to land salinity that:
- reduces its productivity; or
- damages any other land
- conserve soil
- conserve water resources
- protect riparian vegetation
- maintain pastures dominated by perennial and productive species
- maintain native grassland free of encroachment from woody vegetation
- manage any declared pest
- conserve biodiversity.
Fact sheet—Delbessie agreement: Duty of care (PDF, 100K)* .
Under the Delbessie Agreement, a leaseholder who implements and complies with a land management agreement is satisfying their duty of care to the land under the Land Act 1994.
Leaseholders also have a duty of care under the Aboriginal Cultural Heritage Act 2003 to take all reasonable and practical measures to ensure their activities do not harm Aboriginal cultural heritage on their land.
Fact sheet—Cultural heritage: your duty of care (PDF, 100K)* .
* Requires Acrobat Reader
Last updated: 20 May 2009