ENVIRONMENT PROTECTION ACT 1997 - SECT 91O Liability for losses

ENVIRONMENT PROTECTION ACT 1997 - SECT 91O

    (1)     A person who, with the permission of the occupier of land, enters any land, or does anything else on land, as required by an assessment order or remediation order, is liable to the occupier of the land for any loss suffered by the occupier as a result of the entry or other actions (including any loss suffered by the occupier because of the interruption to the occupier's business on that land by that entry or those actions).

    (2)     A person (other than the lessee of land) who, with the permission of the occupier, enters the land or does anything else on the land, as required by an assessment order or remediation order, is liable to the lessee of the land for any loss suffered by the lessee as a result of the entry or those actions or for any injury to the land caused by that person.

    (3)     In addition to any liability that a person may have under subsection (1) or (2), the person has a duty to meet the reasonable costs and expenses of the lessee and the occupier of land, as the case requires, in providing access to that land as mentioned in this section.

    (4)     A person has a duty—

        (a)     to take reasonable steps—

              (i)     to minimise the loss, and injury, mentioned in this section caused by the person's actions; and

              (ii)     toward restitution in relation to that loss or injury; and

        (b)     to compensate the party that suffered the loss, or injury, for which the person is liable to the extent that restitution is not practicable.

    (5)     For this section, if land is land under a land sublease, "lessee" means the sublessor and sublessee.

Note     A sublessor, under a land sublease, is the lessee under the Crown lease under which the sublease is granted