PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 46B
PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 46B
(1) Subject to this
section, no civil liability attaches to a party to an ILUA for injury, damage
or loss—
(a)
caused by another party to the ILUA; or
(b)
suffered by a person who is unlawfully on pastoral land the subject of the
ILUA unless the injury, damage or loss was caused intentionally or through
gross negligence.
(2) Subject to this
section, an ILUA may—
(a)
modify the duty of care or standard of care required of a party to an ILUA as
against another party to the ILUA; or
(b)
limit the civil liability of a party to an ILUA as against another party to
the ILUA.
(3) To avoid doubt,
sections 17C(4) and (6) of the Wrongs Act 1936 do not apply to an
occupier of pastoral land the subject of an ILUA.
(4) Nothing in this
section affects the operation of a statutory insurance or compensation scheme.
(5) For the purposes
of this section, a reference to—
(a) a
party to an ILUA includes a reference to—
(i)
in the case of a lessee of pastoral land—
(A) that lessee, in relation to
pastoral land used by the lessee for pastoral purposes that is contiguous to
land the subject of the pastoral lease; and
(B) a family member, employee or invitee
(not being a person entering the pastoral land under section 48) of the
lessee that is on the pastoral land; and
(ii)
in the case of a native title group—an invitee of
an Aboriginal person exercising a right of entry or staying on the
pastoral land under the ILUA or section 47(1);
(b) a
reference to pastoral land includes a reference to contiguous land that is
located within the perimeter fence line of land the subject of a
pastoral lease, but is not the subject of the lease.