Maximum damages recoverable for damage caused by animals straying on to highways
4 Maximum damages recoverable for damage caused by animals straying on to highways
The damages awarded in respect of any one cause of action in tort for negligence arising out of damage caused by animals straying on to a highway must not exceed the maximum damages amount prescribed by the regulations for the financial year in which the damages are assessed.
Regulations made for the purposes of subsection (1) may specify or provide for a method of calculating the maximum damages amount for a financial year.
On or before each 1 July, the Minister must publish a notice in the Gazette specifying the amount that is the maximum damages amount for the purposes of subsection (1) for the financial year that begins on that 1 July.
The notice under subsection (3) is for public information only and a failure to publish or a delay or error in publication does not affect the maximum damages amount for the financial year concerned.
For the purposes of the application of this section to the financial year that includes the day (commencement day) on which the Highways (Liability for Straying Animals) Amendment Act 2016 section 5 comes into operation —
a reference in subsections (1) to (4) to a financial year is to be read as a reference to the period that begins on commencement day and ends on the next 30 June; and
a reference in subsection (3) to 1 July is to be read as a reference to commencement day.
[Section 4 inserted: No. 30 of 2016 s. 5.]
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
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