383CGeneral immunity of landholders

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—

(a) by or under this Act, or

(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

(b) by any authority, mineral claim, opal prospecting licence or permit under this Act,

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.

(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—

(a) with the intention to cause harm, or

(b) recklessly.

(2) In this section, landholder includes a secondary landholder.

s 383C: Ins 2004 No 75, Sch 1 [39]. Am 2010 No 29, Sch 1 [14]; 2015 No 41, Sch 1 [23] [24].