South Australian Current Acts South Australian Current Acts (1) Despite any Act or
law to the contrary—
(a) the
liability of the Crown in respect of injury, damage or loss suffered by a
person on, above or below unoccupied Crown land or from a cause emanating from
unoccupied Crown land is limited to injury, damage or loss caused by, or the
cause of which is a direct consequence of, an act of, or an activity
undertaken by, the Crown or a Crown agency; and
(b) the
Crown has no duty to maintain any fixtures, structures and equipment
(including pipes, wires, cables, fittings and other objects) installed on,
above or below unoccupied Crown land by a person other than the Crown or a
Crown agency unless the Crown has agreed to maintain such fixtures, structures
and equipment.
"unoccupied Crown land" means Crown land that is not being used by the Crown
or a Crown agency.
(3) The Crown or a
Crown agency will not be taken to be using Crown land by virtue only of the
fact that the Crown or a Crown agency—
(a) has,
at some former time, used the land; or
(b) has
granted a lease or licence to a person to enter onto or occupy the land; or
(c) has
granted an easement over the land; or
(d) has
dedicated the land for any purpose; or
(e) has
constituted the land as—
(i)
a forest reserve or a native forest reserve under the
Forestry Act 1950 ; or
(ii)
a reserve under the
National Parks and Wildlife Act 1972 ; or
(iii)
a wilderness protection area or wilderness protection
zone under the Wilderness Protection Act 1992 ; or
(f) has
dealt with the land in any other manner prescribed by regulation.