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Environment Protection Act 1997
91OLiability for losses
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91O Liability for losses
(1) A person who, with the permission of the occupier of land, enters any
land, or does anything else on land, as required by an assessment
order or remediation order, is liable to the occupier of the land for any
loss suffered by the occupier as a result of the entry or other actions
(including any loss suffered by the occupier because of the
interruption to the occupier’s business on that land by that entry or
those actions).
(2) A person (other than the lessee of land) who, with the permission of
the occupier, enters the land or does anything else on the land, as
required by an assessment order or remediation order, is liable to the
lessee of the land for any loss suffered by the lessee as a result of the
entry or those actions or for any injury to the land caused by that
person.
(3) In addition to any liability that a person may have under
subsection (1) or (2), the person has a duty to meet the reasonable
costs and expenses of the lessee and the occupier of land, as the case
requires, in providing access to that land as mentioned in this section.
(4) A person has a duty—
(a) to take reasonable steps—
(i) to minimise the loss, and injury, mentioned in this section
caused by the person’s actions; and
(ii) toward restitution in relation to that loss or injury; and
(b) to compensate the party that suffered the loss, or injury, for
which the person is liable to the extent that restitution is not
practicable.
(5) For this section, if land is land under a land sublease, lessee means
the sublessor and sublessee.
Note A sublessor, under a land sublease, is the lessee under the Crown lease
under which the sublease is granted