ENVIRONMENT PROTECTION ACT 1997 - SECT 91M Recovery of costs—assessment and remediation
ENVIRONMENT PROTECTION ACT 1997 - SECT 91M
Recovery of costs—assessment and remediation(1) A person who carries out the requirements of an assessment or remediation under division 9.5 in relation to the contamination of land with a substance who was not responsible for the contamination, may recover in a court of competent jurisdiction a part of the person's costs in carrying out those requirements from each person who did have the responsibility.
(2) A person who carries out the requirements of an assessment or remediation under division 9.5 in relation to the contamination of land with a substance who was responsible for the contamination, may recover in a court of competent jurisdiction from each other person who had responsibility for the contamination a part of the first person's costs in carrying out those requirements.
(3) A reference in subsections (1) and (2) to the recovery of a part of a person's costs is a reference to the recovery of a part of the costs that is just and reasonable in the circumstances including the following circumstances:
(a) the proportion of responsibility of each person for the contamination;
(b) the reasonable cost of the remediation (if any) carried out by each person in relation to the contamination.