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Section 35 - Launceston Flood Risk Management Act 2015 - Immunities | Zoe

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Launceston Flood Risk Management Act 2015

35Immunities

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35 Immunities

(1) Despite any other provision of this Act or any other Act, no action or proceeding, including any action or proceeding in tort, contract or for breach of statutory duty, lies against the Authority or the Council for any injury, damage or loss of any kind that may be suffered by a person, directly or indirectly, as a result of –

(a) the diversion of any waters, the alteration of the flow of any waters, and the accumulation of any waters, which diversion, alteration or accumulation arises from or is related to –

(i) the construction or maintenance of any structure or works authorised by this Act, the Launceston Flood Protection Act 1960, the Launceston Flood Protection Act 1977 or the Agreement; or

(ii) any dredging carried out under this Act; or

(iii) a failure to construct or maintain such a structure or works or a failure to carry out any such dredging; or

(b) the performance or exercise, or the purported performance or exercise, of the functions or powers of the Authority, in relation to reducing the likelihood, severity or duration of flooding, under this Act, the Local Government Act 1993 , any other Act or the Authority Rules, or a failure to perform or exercise such a function or power; or

(c) the taking of action under section 16 or a failure to take such action; or

(d) an act done, by a person on whom a requirement is imposed under section 27(3) or (4) , in accordance with, or as a result of, the requirement; or

(e) a failure of a person on whom a requirement is imposed under section 27(3) or (4) to do an act in accordance with, or as a result of, the requirement; or

(f) an act, done by or on behalf of the Authority, in accordance with, or as a result of –

(i) a direction given to the Authority under section 27(1)(c) , (d) or ; or

(2) Despite any other provision of this Act or any other Act (including the Emergency Management Act 2006 ), no action or proceeding, including any action or proceeding in tort, contract or for breach of statutory duty, lies against the Crown for any injury, damage or loss of any kind that may be suffered by a person, directly or indirectly, as a result of –

(a) flooding in the flood-prone area; or

(b) anything done, or not done, by the Authority, the Council or a responsible person (or ordered by the Authority or the Council to be done or not to be done) –

(i) to prevent, or mitigate the effect of, a flood that was occurring, or was imminent, in the flood-prone area; or

(ii) because flooding in the flood-prone area was imminent or was occurring; or

(c) any failure –

(i) by the Authority, the Council or a responsible person to do, or to not do, an act, or to give an order, for a purpose referred to in paragraph (b) ; or

(ii) by a person to carry out an order referred to in paragraph (b) ; or

(d) the taking of action under section 16 or a failure to take such action; or

(e) anything done, or not done, by the Authority, the Council or a responsible person (or ordered by the Authority or the Council to be done or not to be done), in the performance or exercise, or the purported performance or exercise, of a function or power of the Council or Authority under this Act or the Authority Rules; or

(f) any failure by the Authority, the Council or a responsible person –

(i) to do, or to not do, an act in the performance or exercise, or the purported performance or exercise, by the Council or the Authority of a function or power of the Council or Authority under this Act or the Authority Rules; or

(ii) to order an act to be done or not done; or

(g) the performance or exercise, or the purported performance or exercise, of the functions or powers of the Authority under the Agreement before the Agreement terminated, or a failure to perform or exercise such a function or power; or

(h) anything done, or not done, under this Act by the State Controller or the Regional Controller (or ordered by the State Controller or the Regional Controller to be done or not to be done under this Act) –

(i) to prevent, or mitigate the effect of, flooding that was imminent, or was occurring, in the flood-prone area; or

(ii) because flooding in the flood-prone area was imminent or was occurring; or

(i) any failure by the State Controller or the Regional Controller –

(i) to do an act, or to not do an act, for a purpose referred to in paragraph (h) ; or

(ii) to order, for a purpose referred to in paragraph (h) , an act to be done or not to be done; or

(j) anything done or not done, or ordered to be done or not to be done, by an employee or agent of the Crown in good faith –

(i) to prevent, or mitigate the effect of, flooding that was imminent, or was occurring, in the flood-prone area; or

(ii) because flooding in the flood-prone area was imminent or was occurring –

or any failure, in good faith, by an employee or agent of the Crown –

(iii) to do, or not to do, anything for a reason referred to in subparagraph (i) or (ii) ; or

(iv) to order, for a reason referred to in subparagraph (i) or (ii) , anything to be done or not to be done; or

(k) any failure by the Crown to comply with the Agreement before or after the Agreement terminated; or

(l) any action taken by the Council under section 21 or any failure by the Council to take action under that section.