Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The holder of a
permit cannot bring an action in tort against the holder of an exploration
licence for injury, loss or damage suffered by the holder of the permit as a
result of —
(a) the
condition of the permit land; or
(b) a
thing that the holder of the exploration licence has done on the permit land
under the authority of that licence.
(2) Nothing in
subsection (1)(b) prevents the bringing of an action in tort if the thing
was done —
(a) with
the deliberate intent of causing injury, loss or damage to the holder of the
permit; or
(b) with
reckless disregard for the presence of the holder of the permit on the permit
land.
(3) In this section a
reference to the doing of a thing includes a reference to an omission to do a
thing.
(4) In this
section —
permit means a permit under section 20A;
permit land means land that is the subject of both
the permit and the exploration licence concerned.
[Section 20C inserted by No. 63 of 2000
s. 5.]