ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363AI Administering authority may issue cost recovery notice

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363AI

363AI Administering authority may issue cost recovery notice

(1) This section applies if the administering authority issues an environmental protection order to a related person (the
"recipient" ).

(2) The administering authority may issue a written notice (a
"cost recovery notice" ) to the recipient if—

(a) the recipient fails to comply with the environmental protection order and an authorised person or contractor acts under section 363AG ; or

(b) the following happens—

(i) the operation of the decision to issue the environmental protection order is stayed under section 539A or 539B ;

(ii) during the period of the stay, an authorised person or contractor acts under section 363AG ;

(iii) the appeal ends and—

(A) there is no appeal decision under section 530 or 539 ; or

(B) the effect of the appeal decision under section 530 or 539 is to confirm the decision to issue the environmental protection order to the extent the order required the recipient to take an action that was ultimately taken by the authorised person or contractor under section 363AG ; or

(C) the effect of the appeal decision under section 530 or 539 is to issue an environmental protection order requiring the recipient to take action for the same purpose as the action that was ultimately taken by the authorised person or contractor under section 363AG .

(3) A cost recovery notice may claim a stated amount for costs or expenses reasonably incurred in—

(a) taking an action stated in the environmental protection order; or

(b) monitoring compliance by the recipient with the order.

(4) Subsection (5) applies if—

(a) the environmental protection order issued by the administering authority (the
"original order" ) required the recipient to take action for a particular purpose; and

(b) an environmental protection order is issued under an appeal decision mentioned in subsection (2) (b) (iii) (C) (the
"appeal order" ) requiring the recipient to take action for the same purpose.

(5) The amount claimed for costs and expenses incurred in taking the action stated in the original order may not be more than the costs and expenses that would be reasonably incurred in taking the action for the same purpose under the appeal order.

(6) A cost recovery notice must state the following matters—

(a) the name of the recipient;

(b) the amount claimed;

(c) a description of costs and expenses giving rise to the claimed amount;

(d) that, if the recipient does not pay the amount to the administering authority within 30 days after the day the notice is issued, the administering authority may claim the amount from the recipient as a debt;

(e) the name, address and contact details of the administering authority;

(f) the review or appeal details.

(7) If the recipient does not pay the amount to the administering authority within 30 days after the day the notice is issued, the administering authority may claim the amount from the recipient as a debt.

(8) If a cost recovery notice is issued to 2 or more recipients—

(a) a copy of the notice must be given to each recipient; and

(b) the amount claimed in the notice is payable by the recipients jointly and severally.

(9) A reference in this section to an authorised person includes a person acting under the direction of an authorised person.

(10) In this section—


"costs and expenses" includes labour, equipment and administrative costs and expenses.