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This is a Bill, not an Act. For current law, see the Acts databases.


CIVIL LIABILITY (RECREATIONAL TRAILS) AMENDMENT BILL 2008

South Australia

Civil Liability (Recreational Trails) Amendment Bill 2008

A BILL FOR

An Act to amend the Civil Liability Act 1936.


Contents

Part 1—Preliminary
1 Short title
2 Amendment provisions

Part 2—Amendment of Civil Liability Act 1936
3 Amendment of section 20—Occupier's duty of care
4 Amendment of section 42—Liability in relation to roads and recreational trails


The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Civil Liability (Recreational Trails) Amendment Act 2008.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Civil Liability Act 1936

3—Amendment of section 20—Occupier's duty of care

Section 20(1)—delete "Part" and substitute:

Act

4—Amendment of section 42—Liability in relation to roads and recreational trails

(1) Section 42—after subsection (1) insert:

(1a) An owner or occupier of land on which there is a prescribed recreational trail is not liable in tort for a failure—

(a) to maintain, repair or renew the trail; or

(b) to take other action to avoid or reduce the risk of harm that results from a failure to maintain, repair or renew the trail.

(2) Section 42(2)—before the definition of road insert:

greenway has the same meaning as in the Recreational Greenways Act 2000;

landlord includes a landlord under a statutory tenancy;

occupier of land means a person in occupation or control of the land, and includes a landlord;

prescribed recreational trail means—

(a) the Heysen Trail, the Riesling Trail, the Kidman Trail and the Yurrebilla Trail (whether or not those trails are also greenways); and

(b) a greenway; and

(c) any other trail or land declared by the regulations to be within the ambit of this definition,

and includes any structure associated with a prescribed recreational trail;

 


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