Exemption from liability—contaminated land(cf previous s 145B)
2 Exemption from liability—contaminated land(cf previous s 145B)
A planning authority does not incur any liability in respect of anything done or omitted to be done in good faith by the authority in duly exercising any planning function of the authority to which this clause applies in so far as it relates to contaminated land (including the likelihood of land being contaminated land) or to the nature or extent of contamination of land.
This clause applies to the following planning functions—
the preparation or making of an environmental planning instrument, including a planning proposal for the proposed environmental planning instrument,
the preparation or making of a development control plan,
the processing and determination of a development application and any application under Part 3A or Division 5.2,
the modification of a development consent,
the processing and determination of an application for a complying development certificate,
the furnishing of advice in a certificate under section 10.7
anything incidental or ancillary to the carrying out of any function listed in paragraphs (a)–(e).
Without limiting any other circumstance in which a planning authority may have acted in good faith, a planning authority is (unless the contrary is proved) taken to have acted in good faith if the thing was done or omitted to be done substantially in accordance with the contaminated land planning guidelines in force at the time the thing was done or omitted to be done.
This clause applies to and in respect of—
a councillor, and
an employee of a planning authority, and
a Public Service employee, and
a person acting under the direction of a planning authority,
in the same way as it applies to a planning authority.
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