ENVIRONMENTAL PROTECTION ACT 1986 - SECT 121
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 121
121 . Protection from personal liability
(1) An action in tort
does not lie against —
(a) a
person for anything that the person has done, in good faith, in the
performance or purported performance of a function under this Act; or
(b) a
person acting under an authority mentioned in section 121A(1) for anything
that the person has done, in good faith, in the performance or purported
performance of a function to which the authority applies.
(2) The protection
given by subsection (1) applies even though the thing done as described in
that subsection may have been capable of being done whether or not this Act
had been enacted.
(3) This section does
not relieve the Crown of any liability that it might have for another person
having done anything as described in that subsection.
(4) In this section, a
reference to the doing of anything includes a reference to the omission to do
anything.
[Section 121 inserted: No. 54 of 2003 s. 136;
amended: No. 8 of 2010 s. 11.]