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Environmental Protection Act 1994
sec.450Protection from liability
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### sec.450 Protection from liability
In this section—
official means—
an authorised person; or
a person acting under the direction of an authorised person.
An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.
If subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to—
if the official is, or is acting under the direction of, an authorised person appointed by the chief executive officer of a local government—the local government; or
if paragraph (a) does not apply—the State.
This section does not apply to an official if the official is a prescribed person under the Public Sector Act 2022 , section 267 .
s 450 amd 2014 No. 59 s 92 ; 2022 No. 34 s 365 sch 3
(sec.450-ssec.1) In this section— official means— an authorised person; or a person acting under the direction of an authorised person.
(sec.450-ssec.2) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.
(sec.450-ssec.3) If subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to— if the official is, or is acting under the direction of, an authorised person appointed by the chief executive officer of a local government—the local government; or if paragraph (a) does not apply—the State.
(sec.450-ssec.4) This section does not apply to an official if the official is a prescribed person under the Public Sector Act 2022 , section 267 .
- (a) an authorised person; or
- (b) a person acting under the direction of an authorised person.
- (a) if the official is, or is acting under the direction of, an authorised person appointed by the chief executive officer of a local government—the local government; or
- (b) if paragraph (a) does not apply—the State.