78DOccupiers liability

78D Occupiers liability

(1) For the purposes of Part IIA of the Wrongs Act 1958 and the rules of common law with respect to the liability of occupiers to people entering on their premises, the holder of an authority is the occupier of that part of any premises on which any geothermal energy operation is being carried out under the authority, and not any other person.

(2) An occupier of any premises that is in an area to which an authority applies does not, unless the occupier is also the holder of the authority, owe a duty to take care of any person entering on those premises for the purpose of carrying out an operation under the authority.

(3) Subsection (2) applies despite anything to the contrary in Part IIA of the Wrongs Act 1958 or the rules of common law with respect to the liability of an occupier to a person entering on the occupier's premises.

(4) Nothing in subsection (2) limits any other duty owed by an occupier to a person entering on the occupier's premises in the circumstances described in that subsection.

Pt 6 Div. 9 (Heading and ss 78E, 78F) inserted by No. 64/2012 s. 12.