121Actions for damages, generally

121. Actions for damages, generally

(1) An energy operator shall not be liable for any injury or damage, other than damage of the kind referred to in section 120, occasioned in the exercise or purported exercise of a power conferred by this Act unless it is attributable to negligence on the part of the energy operator, or any officer, servant or agent of the energy operator.

(2) No action shall be maintained against an energy operator in respect of any injury to the person, where the person injured fails without reasonable excuse to submit himself to medical examination by a specified medical practitioner or practitioners nominated by the energy operator within such period as the energy operator may by notice in writing require of him where that request is made by the energy operator within 3 calendar months of the commencement of proceedings in respect of that injury.

[Section 121 amended: No. 101 of 1981 s. 38; No. 24 of 1986 s. 39; No. 89 of 1994 s. 36, 39, 40 and 41; No. 58 of 1999 s. 83.]