LAND ADMINISTRATION ACT 1997 - SECT 264

LAND ADMINISTRATION ACT 1997 - SECT 264

264 .         Limited liability of Crown or management body for damage, injury or loss suffered on, or emanating from, certain land

        (1)         This section is in addition to, and not in derogation of, section 66.

        (2)         Despite any other written law, the liability of the Crown in respect of damage, injury or loss suffered by a person on, or from a cause emanating from —

            (a)         an unmanaged reserve, unallocated Crown land or land held by the Crown in fee simple is limited to damage, injury or loss caused by, or the cause of which is a direct consequence of, an act of the Crown or an activity undertaken by the Crown; or

            (b)         Crown land which —

                  (i)         is transferred in fee simple, or an interest in which is granted, under this Act; or

                  (ii)         has been disposed of by Crown grant or otherwise under the repealed Act,

                does not include liability in respect of damage, injury or loss caused by a hazard or other factor of which warning is given in a statement contained in a memorial a memorandum of which is endorsed under section 17 on the certificate of title or certificate of Crown land title relating to that land.

        (3)         Despite any other written law, the liability of the Crown and a management body in respect of damage, injury or loss suffered by a person on, or from a cause emanating from, Crown land which is —

            (a)         within the relevant managed reserve; and

            (b)         unimproved,

                is limited to damage, injury or loss caused by, or the cause of which is a direct consequence of, an act of the management body, or an activity undertaken by the management body, otherwise than in accordance with its management order.

        (4)         In this section —

        Crown includes a State agency or State instrumentality or an officer or employee of the Crown or of a State agency or State instrumentality.

        [Section 264 amended: No. 4 of 2023 s. 83.]