Lang v Westside Corporation Pty Ltd

Lang v Westside Corporation Pty Ltd is a case in which the applicants, owners of rural properties used for cattle grazing, have brought an application against Westside Corporation Pty Ltd, which holds a petroleum lease over the applicants' properties under the Petroleum Act 1923 (Qld). The applicants claim that Westside Corporation has failed to prevent the introduction and spread of weeds on their properties. The applicants, registered under the Biosecurity Act 2014 (Qld), have implemented a biosecurity management plan for their properties. Section 94H of the Biosecurity Regulation 2016 (Qld) requires compliance with such a plan by any person entering, present at or leaving a management area, unless they are required or permitted to enter under another Act. The applicants argue that Westside Corporation must comply with their biosecurity management plan when entering and working on their land, and that the Petroleum Act and associated legislation do not permit Westside Corporation to enter their land without complying with the plan.

The court had to determine whether Westside Corporation is required to comply with the applicants’ biosecurity management plan under s 94H of the Biosecurity Regulation 2016, and whether the Petroleum Act and associated legislation allow Westside Corporation to enter the applicants’ land without complying with the plan. The court examined the statutory objectives and provisions of both the Petroleum Act and the Biosecurity Act, and the interplay between them. It was noted that the purposes of the Biosecurity Act include imposing a general obligation on persons to prevent or minimise the impact of biosecurity risks and regulating activities involving biosecurity matter or carriers. The court also considered the general biosecurity obligation under s 23 of the Biosecurity Act, which imposes a duty on persons to take all reasonable and practical measures to prevent or minimise biosecurity risks, prevent or minimise adverse effects on biosecurity considerations, and minimise the likelihood of causing or limit the consequences of a biosecurity event.

The court concluded that the Petroleum Act does not explicitly exempt Westside Corporation from complying with the applicants’ biosecurity management plan when entering their land. The court held that the statutory objectives of the Petroleum Act do not override the general biosecurity obligations under the Biosecurity Act. The court found that Westside Corporation must comply with the applicants’ biosecurity management plan when entering and working on the applicants’ land. The Petroleum Act and associated legislation do not permit Westside Corporation to enter the applicants’ land without complying with the plan.

The court dismissed paragraph 1A of the amended originating application. The court held that the applicants were not entitled to the relief sought in that paragraph, which was that Westside Corporation be required to implement and comply with the applicants’ biosecurity management plan. The court found that the applicants had not established that Westside Corporation had failed to take reasonable steps to prevent the introduction and spread of weeds on their properties. The court noted that the applicants had not provided sufficient evidence to support their claims regarding the introduction and spread of weeds. The court held that the applicants had not demonstrated that Westside Corporation’s activities on their properties had caused or contributed to the spread of weeds.