FARMERS on Queensland's Central Highlands are gearing up to take legal action after their cotton crops were damaged by chemical spray drift in 2021.
Creevey Horrell Lawyers principal Dan Creevey said the legal action was being prepared on behalf of two Emerald farmers who were facing financial losses following damage caused by the alleged spray drift.
Proceedings are expected to be filed with the Supreme Court in Rockhampton later this month.
Mr Creevey said as part of the action, Creevey Horrell's agribusiness team would also enlist the help of experts including agriculture advocate and spray drift management consultant Mary O'Brien.
"Spray drift damage has unfortunately been widespread on cotton farms, and we are acting for clients who are distressed by the significant damage to their crops," Mr Creevey said.
"These crops have been damaged through no fault of the farmers, but the actions of others who have sprayed chemicals indiscriminately and inconsiderately.
"We are determined to help our clients achieve justice in these matters and are able to assist other farmers who have suffered a similar plight.
"It can be difficult to trace the source of the spray, but it can be done."
It can be difficult to trace the source of the spray, but it can be done.
- Dan Creevey
Spray drift is very often associated with 2,4-D, a widely used herbicide that is particularly effective against broadleaf weeds, but is also deadly for many high value agricultural crops including cotton, chickpeas and most horticultural plants.
It is a major issue for agriculture with up to 30,000 hectares of cotton understood to have been damaged in a large-scale spray drift event on the Darling Downs in previous years.
In response, organisations including the Grains Research and Development Corporation have released educational material including videos (see below) to advise farmers on responsible chemical usage.
Darling Downs farmer and former Queensland Farmers Federation president Stuart Armitage said governments needed to more strictly control the sale of 2,4-D, and people using the chemical needed to take responsibility for any spray drift.
"2,4-D is a good chemical, especially given its age, but it has to be used responsibly and with absolute care," Mr Armitage said.
"The good part is there is plenty of technology available, meaning spray drift can be eliminated.
"Unfortunately, spray drift is a bit like a hit and run accident," he said.
"The damage is done and the victim is usually left to carry the cost, while the person who caused the problem often remains very hard to identify."
Creevey Horrell associate Tessa Norman said affected landholders should seek legal help soon after spray drift has occurred.
"If you move quickly, you can put yourself in the best position to find the source of the damage and recover your losses," she said.
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