sec.387Protection from liability for complying with flood mitigation manual

### sec.387 Protection from liability for complying with flood mitigation manual Subsection (2) applies to an owner of a dam who observes— subject to paragraph (b) , the operational procedures in the approved flood mitigation manual for the dam; and if an alternative procedure is authorised for the dam under division 8 —the authorised alternative procedure. The owner of the dam does not incur civil liability for an act done, or omission made, honestly and without negligence in observing the procedures. If subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State. In this section— owner , of a dam, includes— the operator of the dam; and a director of the owner or operator of the dam; and an employee of the owner or operator of the dam; and an agent of the owner or operator of the dam. s 387 ins 2012 No. 29 s 32 (sec.387-ssec.1) Subsection (2) applies to an owner of a dam who observes— subject to paragraph (b) , the operational procedures in the approved flood mitigation manual for the dam; and if an alternative procedure is authorised for the dam under division 8 —the authorised alternative procedure. (sec.387-ssec.2) The owner of the dam does not incur civil liability for an act done, or omission made, honestly and without negligence in observing the procedures. (sec.387-ssec.3) If subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State. (sec.387-ssec.4) In this section— owner , of a dam, includes— the operator of the dam; and a director of the owner or operator of the dam; and an employee of the owner or operator of the dam; and an agent of the owner or operator of the dam. - (a) subject to paragraph (b) , the operational procedures in the approved flood mitigation manual for the dam; and - (b) if an alternative procedure is authorised for the dam under division 8 —the authorised alternative procedure. - (a) the operator of the dam; and - (b) a director of the owner or operator of the dam; and - (c) an employee of the owner or operator of the dam; and - (d) an agent of the owner or operator of the dam.