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Townsville, Queensland: Queensland lawyer/solicitor Barry Taylor, Foundation Director of Emanate Legal, recently commented on the rights of farming landowners and leaseholders in response to a number of trespass incidents on primary producing properties.
“Landowners in Queensland have a right to peaceful enjoyment of their property, whether they are lessees or owners. This right includes the ability to exclude others and to carry on approved activities (for example, cattle grazing) on their property.”
He went on to clarify that the protests themselves are not the issue, but the location and manner in which they are conducted, is.
“Protestors have a right to freedom of speech, including the right to protest in a legal manner.”
Mr Taylor explained that “...trespassing onto landowners’ property to protest, whether peacefully or otherwise, is illegal and landowners are well within their rights to require protestors to remove themselves from the property and/or call the local police as soon as trespass occurs to remove the protestors.”
The solicitor, who has over 30 years’ experience in advising commercial and agricultural clients over land matters, also expressed concern around the safety of all parties.
“In addition to being illegal, trespass on primary producing land can be extremely dangerous, as graziers may be using heavy machinery or mustering cattle on horses/motorbike and/or with helicopter assistance,” he said.
His full statement on the issue can be read at barrytaylor.com.au.
Emanate Legal provides commercial legal advice and negotiation services to primary producers, businesses and government departments in Queensland and the Northern Territory. The Firm provides services from offices in Brisbane, Townsville and Roma. Private sector clients range from major Australian and foreign owned corporations with international operations to small and medium sized businesses with purely local interests. Emanate Legal’s public sector clients include government departments, statutory authorities and government business enterprises and corporations at Federal, State and local levels.
For over 30 years, Barry Taylor has practiced in major resumption / land injury matters throughout Queensland and Northern Territory including negotiating and documenting a range of compensation agreements on behalf of both landowners and constructing authorities to ensure beneficial outcomes to clients. Barry is the Foundation Director of Emanate Legal and a practising lawyer/solicitor operating out of Townsville, Brisbane and Roma. He regularly contributes articles on industry and law on his personal website https://www.barrytaylor.com.au and on LinkedIn.