Meeting or exceeding regulatory requirements on your estate
Posted: Friday 25 November 2011
A recent report by the BBC described the tragic death of a young boy, whi was caused by a rotting tree blowing over in high winds as he walked past. This incident occurred on land managed by the National Trust. The investigation by the HSE concluded that the National Trust was not in breach of health & safety law. You can read the full report here.
While it was decided that the National Trust was not responsible for this incident, landowners should bear in mind that they owe a duty of care to people who enter their land. It would be unusual for landowners or their agents to be held responsible in law for damage caused by a tree falling or losing branches if the failure could not reasonably have been foreseen. However, if the tree had obvious signs of disease or structural weakness, the owner could be liable for any damage or injury caused.
Land managers should ensure their trees are regularly inspected for damage and for any potential hazards. This is particularly important where they are in or close to public places. However, due to the Land Reform (Scotland) Act 2003, which outlines the public’s “right to roam”, it would be prudent to inspect the entire estate.
Appropriate work must be undertaken, as and when necessary. If a tree is considered dangerous, professional advice should be sought and notice given to the Local Planning Authority before felling. It is also good practice to keep a management record.
It may be necessary for landowners to review their own procedures and ensure that they are compliant with current legalisation. Agricultural law expert James Rust emphasises that this is an area often overlooked when landowners are reviewing their procedures:
“Health & safety procedures are often assumed to be restricted to production areas on estates. We work with our clients to ensure a regular review of all aspects of legal compliance to help protect their assets and business at all times.”
If you would like advice on compliance with regulatory changes, contact our Agricultural law team.
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