sec.338ALimitation of owner’s or occupier’s tortious liability for authorised activities

sec.338A Limitation of owner’s or occupier’s tortious liability for authorised activities

This section applies to an owner or occupier of land in the area of a GHG authority if— someone else carries out an authorised activity for a GHG authority holder on the land; or someone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a GHG authority. The owner or occupier is not civilly liable to anyone else for a claim based in tort for damages relating to the carrying out of the activity. However, subsection (2) does not apply to the extent the owner or occupier, or someone else authorised by the owner or occupier, caused, or contributed to, the harm the subject of the claim. This section applies— despite any other Act or law; and even though this Act or the GHG authority prevents or restricts the carrying out of the activity as an authorised activity for the authority. Subject to subsection (2) , in this section, the terms claim , damages and harm have the same meaning that they have under the Civil Liability Act 2003 . s 338A ins 2010 No. 31 s 446 (sec.338A-ssec.1) This section applies to an owner or occupier of land in the area of a GHG authority if— someone else carries out an authorised activity for a GHG authority holder on the land; or someone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a GHG authority. (sec.338A-ssec.2) The owner or occupier is not civilly liable to anyone else for a claim based in tort for damages relating to the carrying out of the activity. (sec.338A-ssec.3) However, subsection (2) does not apply to the extent the owner or occupier, or someone else authorised by the owner or occupier, caused, or contributed to, the harm the subject of the claim. (sec.338A-ssec.4) This section applies— despite any other Act or law; and even though this Act or the GHG authority prevents or restricts the carrying out of the activity as an authorised activity for the authority. (sec.338A-ssec.5) Subject to subsection (2) , in this section, the terms claim , damages and harm have the same meaning that they have under the Civil Liability Act 2003 .

• (a) someone else carries out an authorised activity for a GHG authority holder on the land; or
• (b) someone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a GHG authority.
• (a) despite any other Act or law; and
• (b) even though this Act or the GHG authority prevents or restricts the carrying out of the activity as an authorised activity for the authority.