New South Wales Consolidated Acts

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Compliance cost notices

121CA Compliance cost notices

(1) A person (
"the relevant authority" ) who gives an order under this Division to another person may, by notice in writing served on the other person, require the other person to pay all or any reasonable costs and expenses incurred by the relevant authority in connection with:
(a) monitoring action under the order, and
(b) ensuring that the order is complied with, and
(c) any costs or expenses relating to an investigation that leads to the giving of the order, and
(d) any costs or expenses relating to the preparation or serving of the notice of the intention to give the order, and
(e) any other matters associated with the order.
(2) A notice under subsection (1) (
"a compliance cost notice" ) is to specify the amount required to be paid and a reasonable period within which the amount is to be paid or, if the regulations prescribe the period to be allowed for payment, that period.
(3) The relevant authority may recover any unpaid amounts specified in a compliance cost notice as a debt in a court of competent jurisdiction.
(4) If the person given a compliance cost notice complies with the notice but was not the person who was responsible for the situation giving rise to the issue of the notice, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who was responsible.
(5) The regulations may make provision for or with respect to the following:
(a) the issue of compliance cost notices,
(b) the form of compliance cost notices,
(c) limiting the amounts that may be required to be paid under compliance cost notices or the matters in respect of which costs and expenses may be required to be paid under those notices.

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