Recreational access on farms
The Select Committee has clarified the definition of a workplace, particularly in the case of farms. Farmers’ duties will extend to the farm buildings and structures necessary for the operation of the business and the areas immediately surrounding them. Other parts of the farm are not a workplace, apart from when farm work is being carried out in that part of the farm at the time.
These changes make it clear that the farmer’s duty to manage and control the farm doesn’t apply to recreational users coming onto farm land (apart from when farm work is being carried out in that part of the farm at the time). This proposed amendment should encourage farmers to allow walkers and other land users on their land without being unduly concerned about their liability,
Additional note from Southern Rural Life (7/9/2016 issue, courtesy Theresa). Natural hazards like bluffs, landslips, rivers and wasps nests are excluded, along with hazards you would expect to find as part of a farm operation, such as barbed wire, electric fences and stock.
Farm owners or managers have a general duty to ensure risks are identified, managed and communicated to visitors. (They will not be held liable for injury to unauthorised visitors where there is no opportunity to communicate.)