115Occupiers liability

115 Occupiers liability (1) For the purposes of Part IIA of the **Wrongs Act 1958** and the rules of common law with respect to the liability of occupiers to persons entering on their premises, the licensee is the occupier of that part of any premises on which work is being done under a licence and not any other person. (2) An occupier of any premises covered by a licence does not, unless the occupier is also the licensee, owe a duty to take care of any person entering on those premises for the purpose of doing work under the licence. S. 115(3) substituted by No. 68/2014 s. 59. (3) An occupier of any premises does not owe a duty to take care of any person entering those premises for the purposes of surveying the boundaries of land proposed to be covered by a mining licence, prospecting licence or retention licence— (a) with the consent of the occupier; or (b) under an authority to enter granted under section 26AS. S. 115(3A) inserted by No. 68/2014 s. 59. (3A) Subsection (3) does not apply if the occupier is also the person who intends to apply for the mining licence, prospecting licence or retention licence (as the case requires). (4) Subsections (2) and (3) apply despite anything to the contrary in Part IIA of the **Wrongs Act 1958** or the rules of common law with respect to the liability of an occupier to a person entering on the occupier's premises. (5) Nothing in subsection (2) or (3) limits any other duty owed by an occupier to a person entering on the occupier's premises in the circumstances described in that subsection.