5Proportionate liability—the Act, s 3B(3)

5 Proportionate liability—the Act, s 3B(3)

5 Proportionate liability—the Act, s 3B(3)

(1) A civil liability that arose before 26 July 2004 and to which the Act, Part 4 would otherwise apply, is excluded from the operation of the following—

(a) the Act, Part 4,

(b) the Act, Schedule 1, clauses 6 and 13 in the application of the clauses to the Act, Part 4.

(2) Despite subsection (1), the Act, Part 4 applies to a civil liability in relation to the following actions commenced on or after 1 December 2004, even if the liability arose before 26 July 2004—

(a) a building action,

(b) a subdivision action,

(c) a civil action for loss or damage arising out of, or in connection with, any of the following as referred to in the Environmental Planning and Assessment Act 1979, Division 6.6—

(i) defective building work,

(ii) defective subdivision work.

(3) In this section—

building action has the same meaning as in the Environmental Planning and Assessment Act 1979, Part 4C, as in force immediately before 1 March 2018.

building work has the same meaning as in the Environmental Planning and Assessment Act 1979, Division 6.6.

subdivision action has the same meaning as in the Environmental Planning and Assessment Act 1979, Part 4C, as in force immediately before 1 March 2018.

subdivision work has the same meaning as in the Environmental Planning and Assessment Act 1979, Division 6.6.