NSWIn ForceAct
Contaminated Land Management Act 1997
95AERecovery of costs, expenses and compensation after offence proved
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#### 95AE Recovery of costs, expenses and compensation after offence proved
95AE Recovery of costs, expenses and compensation after offence proved
> > (1) This section applies if, after the court finds the offence proved—
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> > > (a) a public authority has incurred costs and expenses in connection with—
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> > > > (i) investigating, managing or remediating any contamination caused by the commission of an offence, or
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> > > > (ii) addressing the risk of harm from the contamination, or
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> > > (b) a person, including a public authority, has—
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> > > > (i) by reason of the commission of an offence, suffered loss of or damage to property, or
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> > > > (ii) incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, the loss or damage.
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> > (2) The person or public authority may recover from the offender the costs and expenses incurred or the amount of the loss or damage in the Land and Environment Court.
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> > (3) The amount of any costs and expenses, but not the amount of any loss or damage, may be recovered as a debt.
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> **s 95AE:** Ins 2022 No 3, Sch 1\[28\].