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Marine Living Resources Act, 1998 (Act No. 18 of 1998)

Chapter 7 : Judicial Matters

59. Limitation of liability

 

(1) The State, the Minister, any person in the employment of an organ of state or any person appointed to perform any function in terms of this Act shall not be liable by virtue of anything done in good faith under a provision of this Act.

 

(2) The State, the Minister or any persons contemplated in subsection (1) shall not be liable, except in the case of any intentional act or omission on the part of any such person, to any person who, except in the performance of any function in terms of this Act or any other law—
(a) makes use of any vessel, vehicle or aircraft which is the property or under control of the State;
(b) is present in any fishing harbour; or
(c) leaves any vessel or any other property in a fishing harbour or makes use of the facilities of a fishing harbour,

or to the spouse or any dependant of any such person, for any loss or damage resulting from any bodily injury, loss of life or loss of or damage to any property caused by or arising out of or in any manner connected with the use of any vessel, vehicle of aircraft referred to in paragraph (a), the presence referred to in paragraph (b) or the presence of any property or the use of any facilities referred to in paragraph (c).