(1) The administering authority may issue a written notice (a
"cost recovery notice" )—
(a) to the recipient of a clean-up notice, if—
(i) the recipient fails to comply with the clean-up notice; and
(ii) an
authorised person or contractor acts under section 363K; or
(b) to the
recipient of a clean-up notice, if—
(i) the operation of the decision to
issue a clean-up notice is stayed under section 539B; and
(ii) during the
period of the stay, an authorised person or contractor acts under section 363K; and
(iii) either—
(A) the appeal ends without an appeal decision under
section 539; or
(B) the effect of the appeal decision under section 539is
to confirm the decision to issue the clean-up notice to the extent the notice
required the recipient to take the action that was ultimately taken by the
authorised person or contractor under section 363K; or
(c) to a person whom
the administering authority reasonably believes to be a prescribed person for
a contamination incident, if an authorised person, or person authorised under
section 467(1) (b) , acts under section 467in relation to environmental harm
caused or likely to be caused by the incident.
(2) A cost recovery notice may
claim a stated amount for costs or expenses reasonably incurred in—
(a) for
a notice issued under subsection (1) (a) or (b) —
(i) taking an action
stated in the clean-up notice; or
(ii) monitoring compliance by the recipient
with the clean-up notice; or
(b) for a notice issued under subsection (1) (c)
—taking the action under section 467.
(c) the place at or from which the
administering authority is satisfied the incident happened;
(d) the amount
claimed;
(e) a description of costs and expenses giving rise to the claimed
amount;
(f) 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;
(g) the name, address and contact details of the administering authority;
(h)
the review or appeal details.
(4) Subject to subsection (5) , 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.
(5) The amount is not payable—
(a)
if the recipient is not a prescribed person; or
(b) if—
(i) the
contamination incident was caused by a natural disaster; and
(ii) the
recipient had taken all measures it would be reasonable for the recipient to
have taken to prevent the incident, having regard to all the circumstances
including the inherent nature of the risk and the probability of the natural
disaster; or
(c) if—
(i) the contamination incident was caused by a
terrorist act or other deliberate act of sabotage by someone other than the
recipient; and
(ii) the recipient had taken all measures it would be
reasonable for the recipient to have taken to prevent the incident, having
regard to all the circumstances including the inherent nature of the risk and
the nature of the recipient’s connection with the incident; or
(d) for a
recipient who is a prescribed person mentioned in section 363M(c) (i) , if
the recipient took all reasonable steps to ensure the first corporation paid
the amount claimed under the notice served on the first corporation; or
(e)
for a recipient who is a prescribed person mentioned in section 363M(c) (ii)
, if—
(i) the recipient took all reasonable steps to ensure the
first corporation paid the amount claimed under the notice served on the
first corporation; or
(ii) the recipient was not in a position to influence
the conduct of the first corporation in relation to its paying the amount
claimed under the notice served on the first corporation.
(6) To the extent
that the recipient pays an amount in compliance with the notice but did not
cause or permit the contamination incident to happen, the recipient may
recover the amount as a debt from another person who caused or permitted the
contamination incident to happen.
(7) A reference in this section to an
authorised person acting includes a person acting under the direction of an
authorised person.
(8) In this section—
"costs and expenses" includes labour, equipment and administrative
costs and expenses.