National Environmental Management Act, 1998 (Act No. 107 of 1998)
Chapter 10 : General and Transitional Provisions
49. Limitation of Liability
Neither the State nor any other person is liable for any damage or loss caused by—
|(a)||the exercise of any power or the performance of any duty under this Act or specific environmental management Act; or|
|(b)||the failure to exercise any power, or perform any duty under this Act or specific environmental management Act, unless the exercise of or failure to exercise the power, or performance of or failure to perform the duty was unlawful, negligent or in bad faith.|
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