ACTIn ForceAct
Environment Protection Act 1997
91MRecovery of costs—assessment and remediation
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91M Recovery of costs—assessment and remediation
(1) A person who carries out the requirements of an assessment or
remediation under division 9.5 in relation to the contamination of land
with a substance who was not responsible for the contamination, may
recover in a court of competent jurisdiction a part of the person’s costs
in carrying out those requirements from each person who did have the
responsibility.
(2) A person who carries out the requirements of an assessment or
remediation under division 9.5 in relation to the contamination of land
with a substance who was responsible for the contamination, may
recover in a court of competent jurisdiction from each other person
who had responsibility for the contamination a part of the first
person’s costs in carrying out those requirements.
(3) A reference in subsections (1) and (2) to the recovery of a part of a
person’s costs is a reference to the recovery of a part of the costs that
is just and reasonable in the circumstances including the following
circumstances:
(a) the proportion of responsibility of each person for the
contamination;
(b) the reasonable cost of the remediation (if any) carried out by
each person in relation to the contamination.