191ARecovery of costs of public authorities

191A Recovery of costs of public authorities (1) This section applies to an incident relating to the transport of dangerous goods by road and that— (a) is wholly or partly constituted by or arises from— (i) the escape of dangerous goods; or (ii) an explosion or fire involving dangerous goods; or (b) 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 incident occurring, 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 people: (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 sub-contractor of another person, for the transport of the dangerous goods by road. (4) Costs are not recoverable from a person who establishes that— (a) the incident was due to the act or default of someone else; 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 sub-contractor of the person. (5) The recovery of costs incurred by a public authority as a result of the incident occurring, 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 incident occurring. (6) This section does not affect a right to recover an amount in relation to costs or expenses that exists apart from this section, however a public authority is not entitled to recover, in relation to the same costs or expenses, an amount under this section and an amount in a proceeding founded on other rights. (7) In a proceeding under this section, a document that appears to be signed by the head (however described) of the public authority, and that states details of the costs reasonably incurred as a result of the incident occurring is, in the absence of evidence to the contrary, evidence of the matter.