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

Second Reading

Adjourned debate on second reading.

(Continued from 30 October 2008. Page 731.)

Mr VENNING (Schubert) (10:44): I rise in support of this bill introduced by the Hon. Iain Evans. Again, this is a very considered and very good bill. Recreational trails provide a fantastic opportunity for South Australians to get out and about, be active and enjoy what our countryside has to offer. We have some of the best walks in Australia—indeed, probably in the world. There are numerous recreation trails in this state and this bill will specifically deal with the Heysen Trail, the Riesling Trail in Clare, the Kidman Trail, the Yurrebilla Trail, and others by regulation. I was involved many years ago in helping create the Heysen Trail at Crystal Brook and then the Riesling Trail at Clare when the old railway line closed down. Rather than hand back the rail reserve to the government, we decided to keep the reserve for the trail. It was a pity that, a few weeks before we were about to do that, they went through and took out all the bridges, which was a damn shame because we had to go and put them all back again. They were sold for scrap and then we had to build new ones.

The Riesling Trail is very popular—as, indeed, is the Heysen Trail and the others. I understand that under current legislation private property owners are cautious and it is difficult to convince them to allow public access to their property in order for a trail to go through it for fear of being sued if someone injures themselves, even if it is a most trivial matter; in the case of any injury at all, we are all encouraged to sue and seek legal redress.

This bill allows for a private land-holder who makes recreational trails available through their land for public access to be in the same legal position as local and state government, that is, a road authority. This refers to a body or person who owns a road vested by statute to which control and management is assigned by statute. A road authority is not liable to maintain or repair the road or to take any action that reduces the risk of injury or harm that results through failure to maintain, repair or renew the road.

As I said previously, the bill makes perfect commonsense, which is typical of the member for Davenport. I think no-one could disagree with this. Recreational trails benefit the public and, as such, private land-holders who make their land accessible for this purpose should not be held liable and need protection by the law.

Over my long time in this place, several people have come to me—particularly in the Barossa Ranges—who are very concerned because they have closed roads on their properties. As the member for Goyder would know, the council does allow closing of roads. Suddenly, people were going around and finding them on council maps and asking that they be open for walks. The concern in that for the landowner was pretty high because often one of the fences had been removed and, of course, there was always the threat that if people were walking along the road and the local farmer's bull happened to see them and chase and injure them, the farmer was liable. So we had this problem. I took the side of the landowners, particularly in the Barossa Ranges and Williamstown area, and it was always an area of contention. This bill will solve that and, if you want to walk on the trail, the owner is absolved of any legal liability. The question of whether the fence is no longer there is a different issue, and that should be sorted out with this bill.

I think bushwalking is a great pastime. We were talking yesterday about mental health. One of the chief ways one can remain sane, me included, when you get to the point of being totally frazzled and are really stressed out, is to get out of the city into the bush and either ride a motorbike or go bushwalking. An hour's walk really refreshes and it is good not only for one's mind but also one's body. If you look at my body you can say, 'Well, you had better do more bushwalking,' and that is very true. Today we hear much about how obese our society is becoming, particularly our young people, and the marvellous walks that we have should be promoted much more, not just by the people who use them but also by the landowners who own the land on both sides of them. They ought to be involved also. It is a great thing to get out and say, 'We are promoting bushwalking and you, the owner, will be absolved of any problems.' I think that we need to encourage everyone in that respect.

I want to refer here to the late Terry Lavender, who was probably the pioneer of bushwalks in South Australia. We have the Terry Lavender Memorial Walk, which is quite famous. I pay tribute to him because many years ago, when talking about the Heysen Trail at Crystal Brook, he said to me how valuable it is to have a trail from one end of the state to the other. Well, we have several now, and it is fantastic. I pay tribute to his memory and what he did in this regard.

Finally, I again want to commend the member for Davenport for bringing another commonsense bill before this house, and I urge the house to support it.

Mr GRIFFITHS (Goyder) (10:50): I rise to support the Civil Liability (Recreational Trails) Amendment Bill, introduced by the member for Davenport. I think it reflects the fact that the member for Davenport is a man who relates to his community very well. Many issues come across his desk and he talks to many people because of the constant doorknocking that he conducts within his electorate. This clearly demonstrates that, no matter how big or small the issue, the member for Davenport is prepared to bring it to the attention of parliament and, where appropriate, put a bill before the parliament, especially for a commonsense issue that needs the support of this house.

It is a fact that far too many of us lead a sedentary life and I, unfortunately, am a classic example of that. There are other people in this chamber, no matter what their facial expression might be, who would probably admit to that also. Having the opportunity to implement a reduction of the liability potential and to provide for further recreational trails to be established is a very good step forward. In the community in which I serve within Goyder, Yorke Peninsula in particular promotes opportunities for walking trails between towns.

The Hon. R.B. Such: There are some good ones there, too!

Mr GRIFFITHS: There are.

The Hon. R.B. Such: I have walked on some of them.

Mr GRIFFITHS: Yes. The member for Fisher told me only yesterday of a recent visit to Yorke Peninsula and he commented that there are some great walks that he has done quite recently. I try to experience the opportunity that these trails provide. There is a more structured approach to it where communities have put in some degree of effort over the last 10 or so years to establish and identify trails. However, it is important that we provide every opportunity, no matter what sort of experience people are looking for, to give them a chance to experience nature and to view the environment that surrounds a lot of these existing recreational trails. It is important also to reflect upon some of the historical aspects attached to those trails: they can walk past unused homesteads and see links with our past such as old farming implements stored in the corner of a paddock somewhere. I think that this measure is a positive step forward.

Many people would be happy to allow opportunities to provide these sorts of trails but they are fearful of what the legal liability might be. That is why this bill is important, as it removes or reduces that possibility. Obviously, there is still a requirement for people to provide a relatively safe environment where the trails are located, but let us allow some commonsense approach whereby people have an opportunity to get out there, to walk for one or two hours with family or friends and to experience what this great country around us has to offer. I think this is an important step, and I commend the member for Davenport for bringing the bill to the attention of the house.

Debate adjourned on motion of Mrs Geraghty.

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