NSWIn ForceAct
Mining Act 1992
383CGeneral immunity of landholders
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#### 383C General immunity of landholders
383C General immunity of landholders
> > (1) The landholder of land within which any person (other than the landholder) is authorised to exercise any power or right—
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> > > (a) by or under this Act, or
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> > > (a1) by or under any other Act in connection with any activity under an authority, mineral claim, opal prospecting licence or permit under this Act, or
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> > > (b) by any authority, mineral claim, opal prospecting licence or permit under this Act,
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> > is not subject to any action, liability, claim or demand arising as a consequence of that person’s acts or omissions in the exercise, or purported exercise, of any such power or right.
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> > (1A) For the avoidance of doubt, subsection (1) does not apply to the extent that the action, liability, claim or demand arose from anything done by the landholder—
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> > > (a) with the intention to cause harm, or
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> > > (b) recklessly.
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> > (2) In this section, landholder includes a secondary landholder.
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> **s 383C:** Ins 2004 No 75, Sch 1 \[39\]. Am 2010 No 29, Sch 1 \[14\]; 2015 No 41, Sch 1 \[23\] \[24\].