There seems to be a number of projects that are detrimental to the general public and farmers alike. These projects are the exploration for underground gas and also the exploration of areas for coal and minerals .
These sorts of exploration can or could lead to problems that could lead to injury, death or economic loss as well as environmental damage both to the land and to our countries underground water supplies.
Once a person or company or federal, state or local government is made aware of a problem that could cause injury, death or economic loss or environmental damage they are then classed as being informed of that problem and they then become liable for their actions if they do not cease and desist from carrying out any actions that could cause injury, death or economic loss or environmental damage. (This includes putting government agencies on notice of any situation that could cause injury, death or economic loss) damaged or dangerous roads for example.
In the case of exploration for coal seam gas I believe that once the companies that are doing the exploration their managers , employees , agents and servants as well as share holders in those companies are put on notice that their actions could lead to injury , death or economic loss or environmental damage those companies and persons become liable under law ,
In Queensland section 289 of the Criminal code states:
It is the duty of every person who has in the persons charge or under the persons controls anything. whether living , or inanimate, and whether moving or stationary, of such nature that, in the absence of care or precaution in its use or management , the life, safety or health of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger, and the person is held to have caused any consequences which result to the life or health of any person by reason of any mission to perform that duty (DUTY OF CARE )
Also section 290 reads: when a person undertakes to do any act the omission to do which is or may be dangerous to human’s life or health, it is the person’s duty. To do that act; and the person is held to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty. (Once Again Duty of Care)
So if you inform a person or company of a perceived problem that could cause injury, death or economic loss or environmental damage they are deemed to have been put on notice and they then become liable under the Queensland Criminal code in Queensland, taut law and the civil liabilities act. (Do your own research on other states or countries)
In the case of exploration companies and their suppliers, share holders. Employees, agents and servants they all become equally liable once informed of any problems that could arise from their actions
So if you are concerned that a project could cause injury, death or economic loss or environmental damage, write these companies a letter and inform them of your concerns. Get the letter notated by a JP and keep a copy for your records,
Register the letters so they have to be signed for when received.
Put them on notice using the criminal code and the possibilities of action under taut law and the civil liabilities act.
Peter Schuback
Hervey Bay
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