Local Government Act 1993
733Exemption from liability—flood liable land, land subject to risk of bush fire and land in coastal zone
Start here
Get a plain-English read of 733
Turn the raw legal text into a practical explanation grounded in Local Government Act 1993.
733 Exemption from liability—flood liable land, land subject to risk of bush fire and land in coastal zone
733 Exemption from liability—flood liable land, land subject to risk of bush fire and land in coastal zone
(1) A council does not incur any liability in respect of—
(a) any advice furnished in good faith by the council relating to the likelihood of any land being flooded or the nature or extent of any such flooding, or
(b) anything done or omitted to be done in good faith by the council in so far as it relates to the likelihood of land being flooded or the nature or extent of any such flooding.
(2) A council does not incur any liability in respect of—
(a) any advice furnished in good faith by the council relating to the likelihood of any land in the coastal zone being affected by a coastline hazard (as described in the coastal management manual under the Coastal Management Act 2016) or the nature or extent of any such hazard, or
(b) anything done or omitted to be done in good faith by the council in so far as it relates to the likelihood of land being so affected.
(2A) A council does not incur any liability in respect of—
(a) any advice furnished in good faith by the council relating to the likelihood of any land being subject to the risk of bush fire or the nature or extent of any such risk, or
(b) anything done or omitted to be done in good faith by the council in so far as it relates to the likelihood of land being subject to the risk of bush fire.
(3) Without limiting subsections (1), (2) and (2A), those subsections apply to—
(a) the preparation or making of an environmental planning instrument, including a planning proposal for the proposed environmental planning instrument, or a development control plan, or the granting or refusal of consent to a development application, or the determination of an application for a complying development certificate, under the Environmental Planning and Assessment Act 1979, and
(b) the preparation and adoption of a coastal management program under the Coastal Management Act 2016 (and the preparation and making of a coastal zone management plan under the that is continued in effect by operation of clause 4 of Schedule 3 to the ), and