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This is a Bill, not an Act. For current law, see the Acts databases.
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:
This Act may be cited as the Civil Liability (Recreational Trails)
Amendment Act 2008.
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;