ENVIRONMENT PROTECTION ACT 1997 - SECT 91N Costs—person responsible for contamination

ENVIRONMENT PROTECTION ACT 1997 - SECT 91N

In any proceedings under section 91M to recover from a person the cost of carrying out an assessment order or remediation order in relation to any land, the person is taken to have responsibility for contamination on that land, unless it is established that the contamination was not caused by the person, if—

        (a)     the person carried on activities on the land; and

        (b)     activities of the kind carried on generate or consume the same substances as those that caused the contamination or generate or consume substances that may be converted by reacting with each other or by the action of natural processes on the land into substances that are the same as those that caused the contamination.