Western Australian Current Acts

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LAND ADMINISTRATION ACT 1997 - SECT 66

66 .         Liability of Minister etc. in respect of public access route restricted

        (1)         This section applies to a person who is or at the relevant time was the Minister, the relevant local government, any holder of an interest in the subject Crown land or any other person acting under the authority or direction of the Minister, the relevant local government or that holder.

        (2)         Subject to this Division, a person to whom this section applies is neither —

            (a)         obliged to perform any construction or maintenance in respect of a public access route; nor

            (b)         an occupier of premises in respect of a public access route for the purposes of the Occupiers’ Liability Act 1985 .

        (3)         An action in tort does not lie against a person to whom this section applies for anything that that person has in good faith done in the performance or purported performance of a function under this Division.

        (4)         The protection given by subsection (3) applies even though the thing done in the performance or purported performance of a function under this Division may have been capable of being done whether or not this Division had been enacted.

        (5)         In subsections (3) and (4), a reference to the doing of any thing includes a reference to the omission to do any thing.

        (6)         Members of the public use a public access route entirely at their own risk.



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