36Recovery of other costs

36 Recovery of other costs

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.