Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 51

Occupiers liability

51. Occupiers liability



(1) For the purposes of Part IIA of the Wrongs Act 1958 and the rules of
common law with respect to the liability of occupiers to persons entering on
their premises, the holder of a work authority is the occupier of that part of
any premises which the holder occupies exclusively on which work is being done
under a work authority and not any other person.

(2) An occupier of any premises covered by a work authority does not, unless
the occupier is also the holder of the work authority, owe a duty to take care
of any person entering on those premises for the purpose of doing work under
the work authority.

(3) Subsection (2) applies despite anything to the contrary in Part IIA of the
Wrongs Act 1958 or the rules of common law with respect to the liability of an
occupier to a person entering on the occupier's premises.

(4) Nothing in subsection (2) limits any other duty owed by an occupier to a
person entering on the occupier's premises in the circumstances described in
that subsection.