(b) a person acting on and in accordance with a direction given by the
Commissioner or a senior emergency officer authorised by the Commissioner
under section 22A (1) during an emergency to which Part 5 applies, is taken to
be damage by the happening that constitutes the emergency (being flood, storm,
tsunami or other risk, contingency or event) for the purposes of any policy of
insurance against the risk, contingency or event concerning an act or omission
that covers the property.
(2) This section applies only in respect of damage
to property caused in the exercise of a function to protect persons from
injury or death or property from damage if those persons are, or the property
is, endangered by the happening that constitutes the emergency or endangered
by the escape or likely escape of hazardous material as the result of that
happening.
(3) Any provision, stipulation, covenant or condition in any
agreement that negatives, limits or modifies or purports to negative, limit or
modify the operation of this section is void and of no effect.
(4) In this
section,
"hazardous material" means anything that, when produced, stored, moved, used
or otherwise dealt with without adequate safeguards to prevent it from
escaping, may cause injury or death or damage to property.
