sec.49Liability of service providers and others for particular events or circumstances

### sec.49 Liability of service providers and others for particular events or circumstances A service provider, entity operating a service provider’s infrastructure, relevant infrastructure owner, owner of land, operator of water infrastructure, operator of special infrastructure or lessee of a service provider or operator of water infrastructure (each an indemnified party ) is not liable for an event or circumstance beyond the control of the indemnified party. Subsection (1) — applies only if, in relation to the event or circumstance, the indemnified party acted reasonably and without negligence; and does not affect, or in any way limit, the liability of an indemnified party for negligence. In this section— an event or circumstance includes— the escape of water from water infrastructure or works; and flooding upstream or downstream of water infrastructure or works; and contamination, or the quality, of water, including manufactured water flowing, or released, from water infrastructure, special infrastructure or works. manufactured water means water, including desalinated or recycled water or any substance resulting from the production of desalinated or recycled water, from any source. relevant water infrastructure means infrastructure that is— infrastructure the subject of— a water supply emergency declaration or water supply emergency regulation; or works to be undertaken, including works included in a program of works approved by the Governor in Council, under the State Development and Public Works Organisation Act 1971 ; and a prescribed project under the State Development and Public Works Organisation Act 1971 ; and infrastructure the Minister declares in a gazette notice to be relevant water infrastructure for the purposes of this section. s 49 amd 2013 No. 23 s 321 (sec.49-ssec.1) A service provider, entity operating a service provider’s infrastructure, relevant infrastructure owner, owner of land, operator of water infrastructure, operator of special infrastructure or lessee of a service provider or operator of water infrastructure (each an indemnified party ) is not liable for an event or circumstance beyond the control of the indemnified party. (sec.49-ssec.2) Subsection (1) — applies only if, in relation to the event or circumstance, the indemnified party acted reasonably and without negligence; and does not affect, or in any way limit, the liability of an indemnified party for negligence. (sec.49-ssec.3) In this section— an event or circumstance includes— the escape of water from water infrastructure or works; and flooding upstream or downstream of water infrastructure or works; and contamination, or the quality, of water, including manufactured water flowing, or released, from water infrastructure, special infrastructure or works. manufactured water means water, including desalinated or recycled water or any substance resulting from the production of desalinated or recycled water, from any source. relevant water infrastructure means infrastructure that is— infrastructure the subject of— a water supply emergency declaration or water supply emergency regulation; or works to be undertaken, including works included in a program of works approved by the Governor in Council, under the State Development and Public Works Organisation Act 1971 ; and a prescribed project under the State Development and Public Works Organisation Act 1971 ; and infrastructure the Minister declares in a gazette notice to be relevant water infrastructure for the purposes of this section. - (a) applies only if, in relation to the event or circumstance, the indemnified party acted reasonably and without negligence; and - (b) does not affect, or in any way limit, the liability of an indemnified party for negligence. - (a) the escape of water from water infrastructure or works; and - (b) flooding upstream or downstream of water infrastructure or works; and - (c) contamination, or the quality, of water, including manufactured water flowing, or released, from water infrastructure, special infrastructure or works. - (a) infrastructure the subject of— (i) a water supply emergency declaration or water supply emergency regulation; or (ii) works to be undertaken, including works included in a program of works approved by the Governor in Council, under the State Development and Public Works Organisation Act 1971 ; and - (i) a water supply emergency declaration or water supply emergency regulation; or - (ii) works to be undertaken, including works included in a program of works approved by the Governor in Council, under the State Development and Public Works Organisation Act 1971 ; and - (b) a prescribed project under the State Development and Public Works Organisation Act 1971 ; and - (c) infrastructure the Minister declares in a gazette notice to be relevant water infrastructure for the purposes of this section. - (i) a water supply emergency declaration or water supply emergency regulation; or - (ii) works to be undertaken, including works included in a program of works approved by the Governor in Council, under the State Development and Public Works Organisation Act 1971 ; and