30Crown and councils not liable for physical events affecting shacks sold

30 Crown and councils not liable for physical events affecting shacks sold

(1)  In this section,

physical event includes –

(a) rises in sea, river or lake level; and

(b) landslip, earth subsidence and movement of dunes; and

(c) erosion caused by the action of wind or water; and

(d) changes in water courses; and

(e) intrusion by any vehicle.

(2)  No action lies against the Crown or a council for or in respect of the consequences of any physical event that, after the commencement day, may –

(a) [Section 30 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] occur on, or affect, a shack site that is sold under this Act or leased under the Crown Lands Act 1976 or National Parks and Reserves Management Act 2002 consequent on a determination under section 4(1) of this Act; or

(b) affect a shack on any such shack site.

(3)  No action lies against the Crown or a council for or in respect of the condition of a shack on a shack site that is sold under this Act.

(4)  The Recorder of Titles must, if requested to do so by notice in writing by the Secretary, record the bar to action contained in subsections (2) and (3) on the folio of the Register created for the shack site.