Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 397

397 Limitation of owner’s or occupier’s tortious liability for authorised activities

(1) This section applies to an owner or occupier of land in the area of a mining tenement if—

(a) someone else carries out an authorised activity for a mining tenement on the land; or

(b) someone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a mining tenement.

(2) This section also applies to an owner or occupier of land if someone else carries out an activity under section 386V on the land.

(3) The owner or occupier is not civilly liable to anyone else for a claim based in tort for damages relating to the carrying out of the activity.

(4) However, subsection (3) does not apply to the extent the owner or occupier, or someone else authorised by the owner or occupier, caused, or contributed to, the harm the subject of the claim.

(5) This section applies—

(a) despite any other Act or law; and

(b) for land in the area of a mining tenement, even though this Act or the mining tenement prevents or restricts the carrying out of the activity as an authorised activity for the mining tenement.

(6) Subject to subsection (3) , in this section, the terms
"claim" ,
"damages" and
"harm" have the same meaning that they have under the Civil Liability Act 2003 .