South Australian Current Acts South Australian Current Acts103M—Liability for property damage etc caused by person entering land
(1) This section
applies to a person who enters or does anything on land in order to carry
out—
(a) the
requirements of a site contamination assessment order or site
remediation order; or
(b) an
approved voluntary site contamination assessment proposal or approved
voluntary site remediation proposal.
(2) A person to whom
this section applies is liable, except as prescribed by the regulations, to
the occupier of the land for damage to property of the occupier, or other loss
suffered by the occupier, as a result of the entry or other actions (including
loss suffered by the occupier because of the interruption of the occupier's
business on the land by such entry or actions).
(3) A person to whom
this section applies is liable, except as prescribed by the regulations, to
the owner of the land for damage to land or other property of the owner, or
other loss suffered by the owner, as a result of the entry or other actions.
(4) A person who
incurs a liability under this section must—
(a) take
all reasonable steps to minimise and make good the damage or loss; and
(b) to
the extent that it is not practicable for the person to make good the damage
or loss—compensate the person suffering the damage or loss.
(5) Proceedings for
the recovery of compensation under this section must be brought by application
to the Environment, Resources and Development Court.