Compensation not generally payable for conduct of Crown land managers
3.46 Compensation not generally payable for conduct of Crown land managers
Compensation is not payable by or on behalf of the State for the conduct of a Crown land manager in the exercise (or purported exercise) of functions under this Act in respect of dedicated or reserved Crown land under the manager’s management.
Note.
See also Division 8.4 for the compensation responsibilities of certain Crown land managers for their conduct when it affects native title rights and interests.
Subsection (1) does not extend to any liability of the State for the conduct of a Crown land manager if—
the conduct has been specifically approved or required by the Minister, or
the manager is the head of a government sector agency or a statutory body representing the Crown.
In this section—
conduct includes any conduct, whether unconscionable, misleading, deceptive or otherwise.
the State means the Crown as defined in the Crown Proceedings Act 1988, and includes a government sector agency and an officer, employee or agent of the Crown or a government sector agency.
This Act’s bill:Explanatory memorandumSecond reading speech
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