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

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363N

Administering authority may issue cost recovery notice

363N Administering authority may issue cost recovery notice

(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 539 is 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 467 in 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 .
(3) A cost recovery notice must state the following matters—
(a) the name of the recipient;
(b) a description of the contamination incident;
(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.


"first corporation" see section 363M (c) .