Mining Act 1992

The State is not liable, and is taken never to have been liable, whether vicariously or otherwise, for any conduct (relevant conduct) before the cancellation date in relation to a relevant licence or mining on relevant land (whether occurring before or after the grant of a relevant licence).

In addition, the State is not liable, and is taken never to have been liable, whether under any contract, policy or other arrangement for self-insurance or otherwise, to indemnify any person against any personal liability of the person for relevant conduct.

To remove doubt, this clause extends to the following conduct as relevant conduct—

conduct that facilitated the grant of an authority in respect of relevant land or that facilitated mining on relevant land,

conduct relating to the provision of assistance, advice or information (including mining information) in relation to relevant land or an authority for relevant land,

conduct relating to the licensing process in connection with relevant land,

any conduct occurring in the course of events that culminated in the grant of a relevant licence.

This clause extends to all types of civil liability, whether at law or in equity, and whether arising in tort or contract, or under an enactment or otherwise.

An employee (or former employee) of the State acting honestly and in good faith in the performance or purported performance of his or her functions as an employee of the State has the same protections and immunities as the State under this clause.

This clause does not apply in respect of any liability arising solely in respect of an authority granted before the cancellation date that is not a relevant licence.

This clause applies despite the Law Reform (Vicarious Liability) Act 1983 and the Civil Liability Act 2002.

In this clause—

employee of the State means a person employed under the Public Sector Employment and Management Act 2002.

licensing process means any practice, process or procedure relating to the obtaining of or grant of an authority, including in relation to expressions of interest, tenders, applications, investigations, inquiries or consents, and whether or not provided for by this Act.

mining includes prospecting.

mining information includes information about—

the mineral bearing capacity of land, or

the licensing process.

the State means the Crown in right of New South Wales and includes a statutory body representing the Crown.