134Recovery of costs of public authorities

134 Recovery of costs of public authorities

(1)  This section applies to an incident that relates to the transport of dangerous goods by road or rail, being an incident –

(a) wholly or partly constituted by or arising from –

(i) the escape of dangerous goods; or

(ii) an explosion or fire involving dangerous goods; or

(b) that involves the danger of the escape of dangerous goods or an explosion or fire involving dangerous goods.

(2)  If a public authority incurs costs as a result of the occurrence of an incident to which this section applies, so much of the costs as were reasonably incurred are recoverable as a debt due to the authority by action in a court of competent jurisdiction.

(3)  The costs are recoverable jointly or severally from the following persons:

(a) the person who was the owner of the dangerous goods at the time of the incident;

(b) the person who was in control or possession of the dangerous goods at the time of the incident;

(c) the person who caused the incident;

(d) the person responsible, otherwise than as an employee, agent or subcontractor of another person, for the transport of the dangerous goods by road or rail.

(4)  Costs are not recoverable from a person who establishes that –

(a) the incident was due to the act or default of another person; and

(b) the person could not, exercising reasonable care, have prevented the incident; and

(c) the incident was not attributable to an employee, agent or subcontractor of the person.

(5)  The recovery of costs incurred by one public authority as a result of the occurrence of an incident to which this section applies, including an award or judgment in relation to those costs or expenses, does not preclude the recovery of costs incurred by another public authority as a result of the occurrence of the incident.