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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2008-10-30 Daily Xml
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CIVIL LIABILITY (RECREATIONAL TRAILS) AMENDMENT BILL

Introduction and First Reading

The Hon. I.F. EVANS (Davenport) (11:17): Obtained leave and introduced a bill for an act to amend the Civil Liability Act 1936. Read a first time.

Second Reading

The Hon. I.F. EVANS (Davenport) (11:18): I move:

That this bill be now read a second time.

This bill puts our recreational trail network—specifically, the Heysen Trail, the Riesling Trail, the Kidman Trail, the Yurrebilla Trail, and others by regulation—on the same legal footing as public walkways under local government.

Currently walkways, trails and roadworks under local government are exempt under the Civil Liability Act. When we have recreational trails going through private property—à la the Heysen Trail, for example—it is always a huge problem to convince the private land-owner to allow public access onto their property because of fear of being sued for injury, etc. It seems to me that if the community wants the Heysen Trail to go through private property—in order words, public access to private property—then we should put that section of the private property on the same legal footing as trails on public property.

This bill does exactly that. It provides exemption from civil liability under the Civil Liability Act for those private landholders who allow the prescribed trails to go over their property. Obviously, it will then increase the recreational trail network, provide better security for those private landholders, and provide greater recreation opportunities for South Australians. I see the bill as positive, and I hope members will support it. I commend the bill to the house.

Debate adjourned on motion of Mrs Geraghty.

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