New South Wales Consolidated Acts

CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 36

36 Recovery of other costs

(1) Person subject to order is not contaminator A person:

(a) who carries out the requirements of a management order in relation to the significant contamination of land, and

(b) who is not responsible for the significant contamination,

may recover the person’s costs in carrying out those requirements as a portion from each person who is responsible for the significant contamination.

(2) A person:

(a) who carries out the requirements of a preliminary investigation order in relation to specific land, and

(b) who is not responsible for any significant contamination of that land,

may recover the person’s costs in carrying out those requirements as a portion from each person who is responsible for significant contamination to that land.

(3) Person subject to order is contaminator A person:

(a) who carries out the requirements of a management order in relation to the significant contamination of land, and

(b) who is responsible for the significant contamination,

may recover a portion of the person’s costs in carrying out those requirements from each other person who is responsible for the significant contamination.

(4) Recovery by owner If:

(a) an owner (or notional owner) of land pays any costs specified in a notice under section 34 or 35 with respect to a management order, and

(b) the owner (or notional owner) is not responsible for the significant contamination concerned,

the owner (or notional owner) may recover a portion of the amount paid from each person who is responsible for the significant contamination.

(5) Portion The portion referred to in this section must reflect what is reasonable and just in the circumstances, including the following circumstances:

(a) the proportion of responsibility of each person for the significant contamination,

(b) the reasonable cost of any steps taken by each person in respect of managing the significant contamination.

(6) Reference to person In this section, a reference to a person includes a reference to a public authority.

(7) Persons entering voluntary management proposal may agree section not to apply If the parties to a voluntary management proposal have agreed that this section is not to apply as among themselves, this section does not apply to allow the recovery of any costs by one party from a second party unless the second party has failed to comply with the terms of the proposal.

(8) Costs For the purposes of this section, the costs of a person in carrying out the requirements of a management order include any amount for which the person is liable, or reasonable cost that the person has a duty to meet, under section 34 or 35.