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What is the situation if a visitor is paying for the access, either to the farmer or to a trip organiser?
A landowner that charges for access to their land is recognised by WorkSafe as a Person Conducting a Business or Undertaking (PCBU) under the Health and Safety at Work Act 2015 (HSWA).
It is WorkSafe’s position that when a PCBU charges for access to their land, but does not provide the recreational activity, they:
- Are not responsible for the risks of the recreational activity itself. A PCBU is only responsible for managing risks associated with a recreational activity when they are providing the activity.
- Are responsible for risks arising from work or the workplace, as per its Recreational Access Policy Clarification (see below).
It’s important to keep in mind that this is a general position. The extent to which a PCBU is responsible for a recreational activity depends on the situation and context. If you have any uncertainty about how HSWA applies to a specific situation, we’d encourage you to seek independent legal advice.
- Worksafe Policy clarification: Recreational access and the Health and Safety at Work Act (2015)