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Environment Protection Act 1997
160Recovery of clean-up costs
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160 Recovery of clean-up costs
(1) This section applies—
(a) if—
(i) an environment protection order requires a person to take
specified action to remedy specified environmental harm
or likely environmental harm; and
(ii) the person has failed to take the specified action; and
(iii) the authority has taken the specified action instead; or
(b) if—
(i) a person has breached the general environmental duty; and
(ii) environmental harm or likely environmental harm has been
caused by the breach; and
(iii) it is impracticable to issue an environment protection order
requiring the person to take action to remedy the harm; and
(iv) the authority has taken action to remedy the harm.
(2) The authority may give the person who failed to take the specified
action or who breached the duty, a notice requiring the person to pay
the specified amount, being the reasonable costs and expenses
incurred by the authority in taking the action mentioned in
subsection (1) (a) (iii) or (b) (iv).
(3) The notice must specify the date, not earlier than 20 working days
after the date of the notice, on or before which the amount is required
to be paid.
(4) If—
(a) the authority has given a person a notice under subsection (2);
and
(b) the person has failed to pay the specified amount on or before
the specified date;
so much of the amount as remains unpaid, together with interest on
the unpaid amount, is a debt due to the Territory by that person.