Liability for property damage etc caused by person entering land
103M Liability for property damage etc caused by person entering land
This section applies to a person who enters or does anything on land in order to carry out—
the requirements of a site contamination assessment order or site remediation order; or
an approved voluntary site contamination assessment proposal or approved voluntary site remediation proposal.
A person to whom this section applies is liable, except as prescribed by the regulations, to the occupier of the land for damage to property of the occupier, or other loss suffered by the occupier, as a result of the entry or other actions (including loss suffered by the occupier because of the interruption of the occupier's business on the land by such entry or actions).
A person to whom this section applies is liable, except as prescribed by the regulations, to the owner of the land for damage to land or other property of the owner, or other loss suffered by the owner, as a result of the entry or other actions.
A person who incurs a liability under this section must—
take all reasonable steps to minimise and make good the damage or loss; and
to the extent that it is not practicable for the person to make good the damage or loss—compensate the person suffering the damage or loss.
Proceedings for the recovery of compensation under this section must be brought by application to the Environment, Resources and Development
Court.
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