Posted on February 10, 2011 by Megan Hawley
Councils To Be Exempt From Liability For Bush Fire Risk
Councils have long had exemption from liability in relation to advice given or actions done in good faith in relation to flood liable land and coastal zones.
From 25 February 2011, this exemption will extend to advice given and actions done or not done in relation to the likelihood of land being subject to the risk of bush fire.
There are a range of services and functions which councils perform which will fall within the scope of the exemption, including carrying out, or not carrying out bush fire hazard reduction works, and advising property owners on the risk posed to their property by bush fire.
If damage results from a council’s actions, the council would have a defence, provided it acted in good faith.