Cape Jaffa Lighthouse Platform (Civil Liability) Act 2005 (SA)

South Australia

Cape Jaffa Lighthouse Platform (Civil Liability) Act 2005

An Act to protect the owner of the Cape Jaffa lighthouse platform from civil liability.

The Parliament of South Australia enacts as follows:

1—Short title

This Act may be cited as the Cape Jaffa Lighthouse Platform (Civil Liability) Act 2005.

2—Interpretation

In this Act—

Cape Jaffa lighthouse platform means the platform and jetty on Margaret Brock Reef position latitude 36° 57′ 08″S, longitude 139° 35′ 45″E;

State or local authority means—

1. (a)

   a Minister, agency or instrumentality of the Crown; or

2. (b)

   a council or other body vested with powers of local government.

3—Protection from civil liability for owner of Cape Jaffa lighthouse platform

1. (1)

   If the Cape Jaffa lighthouse platform is vested in a State or local authority, the authority incurs no civil liability for injury, loss or damage related to the platform.

2. (2)

   Injury, loss or damage is related to the platform if it is attributable to—

   1. (a)

      the defective state or condition of the platform; or

   2. (b)

      a failure to warn against risks associated with the platform or its use; or

   3. (c)

      any other failure to take precautions against risks associated with the platform or its use.