A LEGAL battle has erupted between four Gippsland dairy farmers and their local council after roadside weed spray allegedly leached on farmland, killing pasture and sterilising soil.
One of the farmers, Colin Fleming, of Willung, south of Rosedale, Victoria, claims 1.2ha of productive grazing land on his property is now barren after routine Wellington Shire roadside weed spraying went wrong.
Mr Fleming said the spraying occurred in July last year and was followed by a downpour, which washed chemical from the roadside into paddocks, causing severe damage.
"Wherever there has been a slope or drain into the paddock the spray has run up to a couple of hundred metres in some places and five or six metres wide," Mr Fleming said.
He said the combined damage bill for loss of production over 12 months plus sowing, seed and fertiliser on the four affected farms was close to $20,000.
"I contacted the shire and they came along and looked at it and admitted they were at fault but then it went to their solicitors and now I think they are hoping we are going to forget about it," Mr Fleming said.
"We pay a lot of rates and if they (Wellington Shire) have any decency they should come out here and make it better by counteracting what they have done."
Mr Fleming said chemical notes state it should not be applied to drainage ditches - including roadside ditches and table drains, or channels - as the chemical can wash away and damage trees and plants.
Chemical should also not be allowed to drift on to crops, pasture or agricultural land and affected areas should not be grazed or cut for stock feed.
"The shire should have all the tickets for spraying and know this information," Mr Fleming said.
Mr Fleming, who milks 400 dairy cows and runs 200 beef cattle with his sons, has farmed at Willung all his life and has not seen damage like it.
"I at least want compensation for the ground that we have lost," he said. "But I reckon the buggers should be fined as well. We would be."
A Wellington Shire spokeswoman said the council was unable to comment.
"All liability claims are handled by council's insurers and as with all insurance claims a claim must be lodged with relevant details to substantiate the claim," the spokeswoman said.
