Visitors who pay for access

WorkSafe recognises a landowner who charges for land access as a Person Conducting a Business or Undertaking (PCBU) under the Health and Safety at Work Act 2015 (HSWA). 

It is WorkSafe’s position that when a PCBU charges for access to their land but does not provide the recreational activity, they:

• Are not responsible for the risks of the recreational activity itself.  A PCBU is only responsible for managing a recreational activity’s risks when providing the activity. 
• Are responsible for risks arising from work or the workplace, as per its Recreational Access Policy Clarification (see below).

It’s important to keep in mind that this is a general position.  The extent to which a PCBU is responsible for a recreational activity depends on the situation and context.  We encourage you to seek independent legal advice if you are uncertain about how HSWA applies to a specific situation.

• Worksafe Policy clarification: Recreational access and the Health and Safety at Work Act (2015)