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Petroleum and Gas (Production and Safety) Act 2004
sec.856Protection from liability for particular persons
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### sec.856 Protection from liability for particular persons
A person as follows (a designated person ) does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act—
an official;
a public service officer or employee;
a contractor carrying out activities, relating to the administration of this Act, for the department or RSHQ;
a person who is required to comply with a direction or requirement given under this Act and who is complying with the direction or requirement;
a person authorised to carry out a remediation activity under section 294B ;
an authorised person carrying out remediation activities under chapter 10 , part 3 .
giving information or advice
For subsection (1) (a) , it does not matter what is the form of appointment or employment of the person.
If subsection (1) prevents a civil liability attaching to a designated person, the liability attaches instead to the State.
In this section—
civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.
s 856 amd 2009 No. 16 s 84 ; 2014 No. 47 s 587 ; 2019 No. 7 s 272 ; 2024 No. 34 s 262
(sec.856-ssec.1) A person as follows (a designated person ) does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act— an official; a public service officer or employee; a contractor carrying out activities, relating to the administration of this Act, for the department or RSHQ; a person who is required to comply with a direction or requirement given under this Act and who is complying with the direction or requirement; a person authorised to carry out a remediation activity under section 294B ; an authorised person carrying out remediation activities under chapter 10 , part 3 . giving information or advice
(sec.856-ssec.2) For subsection (1) (a) , it does not matter what is the form of appointment or employment of the person.
(sec.856-ssec.3) If subsection (1) prevents a civil liability attaching to a designated person, the liability attaches instead to the State.
(sec.856-ssec.4) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.
- (a) an official;
- (b) a public service officer or employee;
- (c) a contractor carrying out activities, relating to the administration of this Act, for the department or RSHQ;
- (d) a person who is required to comply with a direction or requirement given under this Act and who is complying with the direction or requirement;
- (e) a person authorised to carry out a remediation activity under section 294B ;
- (f) an authorised person carrying out remediation activities under chapter 10 , part 3 .