Greenhouse Gas Storage Act 2009
sec.425Protection from liability for particular persons
Start here
Get a plain-English read of sec.425
Turn the raw legal text into a practical explanation grounded in Greenhouse Gas Storage Act 2009.
sec.425 Protection from liability for particular persons
A person as follows (a designated person ) does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act— the Minister; a public service officer or public service employee; a person if— the person has, under section 420 , been authorised to carry out an activity for the State; and the act or omission happened while the person was acting within the scope of that authority; a GHG tenure holder given a serious situation direction who is complying with the direction. For subsection (1) (b) , it does not matter what is the form of appointment or employment of the person. If subsection (1) prevents a civil liability attaching to a designated person, the liability attaches instead to the State. In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act. (sec.425-ssec.1) A person as follows (a designated person ) does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act— the Minister; a public service officer or public service employee; a person if— the person has, under section 420 , been authorised to carry out an activity for the State; and the act or omission happened while the person was acting within the scope of that authority; a GHG tenure holder given a serious situation direction who is complying with the direction. (sec.425-ssec.2) For subsection (1) (b) , it does not matter what is the form of appointment or employment of the person. (sec.425-ssec.3) If subsection (1) prevents a civil liability attaching to a designated person, the liability attaches instead to the State. (sec.425-ssec.4) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.
- (a) the Minister;
- (b) a public service officer or public service employee;
- (c) a person if— (i) the person has, under section 420 , been authorised to carry out an activity for the State; and (ii) the act or omission happened while the person was acting within the scope of that authority;
- (i) the person has, under section 420 , been authorised to carry out an activity for the State; and
- (ii) the act or omission happened while the person was acting within the scope of that authority;
- (d) a GHG tenure holder given a serious situation direction who is complying with the direction.
- (i) the person has, under section 420 , been authorised to carry out an activity for the State; and
- (ii) the act or omission happened while the person was acting within the scope of that authority;