Environmental Planning and Assessment Act 1979 No 203
Historical version for 26 October 2009 to 7 January 2010 (accessed 4 August 2020 at 15:24) Current version
Part 7A Section 145B
145B   Exemption from liability—contaminated land
(1)  A planning authority does not incur any liability in respect of anything done or omitted to be done in good faith by the authority in duly exercising any planning function of the authority to which this section applies in so far as it relates to contaminated land (including the likelihood of land being contaminated land) or to the nature or extent of contamination of land.
(2)  This section applies to the following planning functions:
(a)  the preparation or making of an environmental planning instrument,
(b)  the preparation or making of a development control plan,
(c)  the processing and determination of a development application,
(d)  the modification of a development consent,
(d1)  the processing and determination of an application for a complying development certificate,
(e)  the furnishing of advice in a certificate under section 149,
(f)  anything incidental or ancillary to the carrying out of any function listed in paragraphs (a)–(e).
(3)  Without limiting any other circumstance in which a planning authority may have acted in good faith, a planning authority is (unless the contrary is proved) taken to have acted in good faith if the thing was done or omitted to be done substantially in accordance with the contaminated land planning guidelines in force at the time the thing was done or omitted to be done.
(4)  This section applies to and in respect of:
(a)  a councillor, and
(b)  an employee of a planning authority, and
(c)  a public servant, and
(d)  a person acting under the direction of a planning authority,
in the same way as it applies to a planning authority.