40Damage to property

40 Damage to property

(1) This section applies in relation to damage to property caused by the exercise of a power, or taking of an action, to protect: (a) a person or animal from injury or death; or (b) property from damage; in circumstances in which the person, animal or property is endangered by: (c) an event that constitutes an emergency; or (d) the escape or likely escape of a hazardous material as the result of an event that constitutes an emergency.

Note: Examples of events that constitute an emergency include fires, floods, storms or explosions.

(2) The damage is taken, for the purposes of a policy of insurance that covers the property, to be damage by the event that constituted the emergency, if the damage is caused by: (a) the exercise in good faith of: (i) a power under section 20 by the Minister or an authorised emergency services officer during a state of emergency; or (ii) a power under section 21; or (iii) a power under section 36 by a senior police officer or authorised police officer at an actual or imminent emergency; or (iv) a power under section 37; or (b) an action taken in good faith by a person acting on and in accordance with a direction made under: (i) section 20 by the Minister or an authorised emergency services officer during a state of emergency; or (ii) section 36 by a senior police officer or authorised police officer at an actual or imminent emergency. (3) Any provision, stipulation, covenant or condition in an agreement that negates, limits or modifies, or purports to negate, limit or modify, the operation of this section is void and of no effect.