ACTIn ForceAct
Environment Protection Act 1997
91NCosts—person responsible for contamination
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91N Costs—person responsible for contamination
In any proceedings under section 91M to recover from a person the
cost of carrying out an assessment order or remediation order in
relation to any land, the person is taken to have responsibility for
contamination on that land, unless it is established that the
contamination was not caused by the person, if—
(a) the person carried on activities on the land; and
(b) activities of the kind carried on generate or consume the same
substances as those that caused the contamination or generate or
consume substances that may be converted by reacting with
each other or by the action of natural processes on the land into
substances that are the same as those that caused the
contamination.