QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.53CGExclusion of liability for particular damage by public entity to water infrastructure
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### sec.53CG Exclusion of liability for particular damage by public entity to water infrastructure
This section applies if—
the public entity for the road causes damage to the water infrastructure and has not agreed to be liable for the damage; and
before the damage happened the public entity made an information request to the distributor-retailer.
The public entity is not liable for the damage if—
either—
the request was not complied with within a reasonable period before the damage happened; or
information given in response to the request did not adequately define the location of the water infrastructure; and
the damage would not have happened had the request been complied with or had the information given adequately defined the location.
s 53CG ins 2010 No. 20 s 9
(sec.53CG-ssec.1) This section applies if— the public entity for the road causes damage to the water infrastructure and has not agreed to be liable for the damage; and before the damage happened the public entity made an information request to the distributor-retailer.
(sec.53CG-ssec.2) The public entity is not liable for the damage if— either— the request was not complied with within a reasonable period before the damage happened; or information given in response to the request did not adequately define the location of the water infrastructure; and the damage would not have happened had the request been complied with or had the information given adequately defined the location.
- (a) the public entity for the road causes damage to the water infrastructure and has not agreed to be liable for the damage; and
- (b) before the damage happened the public entity made an information request to the distributor-retailer.
- (a) either— (i) the request was not complied with within a reasonable period before the damage happened; or (ii) information given in response to the request did not adequately define the location of the water infrastructure; and
- (i) the request was not complied with within a reasonable period before the damage happened; or
- (ii) information given in response to the request did not adequately define the location of the water infrastructure; and
- (b) the damage would not have happened had the request been complied with or had the information given adequately defined the location.
- (i) the request was not complied with within a reasonable period before the damage happened; or
- (ii) information given in response to the request did not adequately define the location of the water infrastructure; and