Land Use Planning and Approvals Amendment Act 2013
40Section 85A inserted
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40 Section 85A inserted
After section 85 of the Principal Act , the following section is inserted in Division 2:
85A. Immunity from liability
(1) An authorised officer, or a person assisting an authorised officer under section 65K , is not personally liable in respect of any act done or omitted to be done by the officer or person in good faith in the performance or exercise, or purported performance or exercise, of a function or power of an authorised officer under this Act.
(2) A member of a planning authority is not personally liable in respect of any act done or omitted to be done by the planning authority in good faith in the performance or exercise, or purported performance or exercise, of a function or power of a planning authority under this Act.
(3) Nothing in subsection (1) or (2) precludes the Crown or a planning authority from incurring liability that an authorised officer, a person assisting an authorised officer under section 65K or a member of a planning authority would otherwise incur.