Western Australian Current Acts Western Australian Current Acts (1) In this section
—
permit means a permit issued under section 40E;
permit land means land that is the subject of both
the permit and the exploration licence concerned.
(2) The holder of a
permit cannot bring an action in tort against the holder of an exploration
licence for injury, loss or damage suffered by the holder of the permit as a
result of —
(a) the
condition of the permit land; or
(b) a
thing that the holder of the exploration licence has done on the permit land
under the authority of that licence.
(3) Nothing in
subsection (2)(b) prevents the bringing of an action in tort if the thing was
done —
(a) with
the deliberate intent of causing injury, loss or damage to the holder of the
permit; or
(b) with
reckless disregard for the presence of the holder of the permit on the permit
land.
(4) In this section a
reference to the doing of a thing includes a reference to an omission to do a
thing.
[Section 40G inserted: No. 51 of 2012 s. 15.]
[ 39A. Deleted: No. 52 of 1995 s. 21.]