Hi Tom
A couple of points. I also am no great insurance/legal expert but it seems
that the usual thing is that the owner/responsible entity for a property is
the one that takes out Public Liability insurance. Most home insurance
policies now include this, certainly for rural acreages. So surely the
sensible thing would be for the utility to have such insurance (I'll bet
they already have such insurance covering that area) and that visitors such
as you sign a document wherein you state that you accept liability for any
misadventure that may befall you. I understand that several utilities
already operate a system such as this - including the Alice Springs sewerage
ponds.
Secondly, even if you did have to takeout such insurance, I believe it is
not terribly expensive. Ten million dollars is a common coverage on house
insurance policies.
Why don't you talk to the appropriate "boss" at the utility and discuss
options with him/her?
Bob Cook
Axedale VIC.
-----Original Message-----
From:
On Behalf Of Tom Tarrant
Sent: Wednesday, 16 August 2006 3:23 PM
To: Birding-aus
Subject: RFI: Legal help with access problem
Hi All,
This is slightly of-topic but I wonder if anyone feels qualified to give me
some advice on a possible legal/access matter?
Over the past 20 years I have birded in a large-area run by a Qld public
utility and have been granted with written permission for most of that time.
Over those years I have seen over 200 species there including Painted-Snipe,
Black Falcon, various species of Quail and Australasian Bittern (to name a
few of the highlights!) and have provided the administration of said utility
with photos and lists of observations and records.
Recently (for the first time) I was approached by the warden of the site and
asked to procure a written permit to access this area in the future. I duly
did this and last week received approval but with several important
conditions, the most surprising being that I have to provide a Certificate
of Currency of Public Liability Insurance to a minimum of
$10,000,000.00(that's correct....ten million dollars!)
I realise that Australia is becoming a litigious society but this seems a
bit 'over-the-top', especially as the State Forestry Dept seems to be
granting permits to trail-bike riders that could create far larger financial
woes for themselves.
Does anyone have any similar experience or advice that they could pass on?
I Look forward to hearing your views and ideas.
Tom Tarrant
--
********************************
Tom & Marie Tarrant
Samsonvale, Qld
http://www.aviceda.org
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