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.

Page last updated: Oct 11, 2019, 9:32 AM