297Cost recovery powers

297 Cost recovery powers (1) The Authority may recover in any court of competent jurisdiction as a debt due to the Authority any reasonable costs incurred by the Authority in, or incidental to, taking any of the following actions— (a) any action under Division 1; (b) issuing— (i) an improvement notice under Part 10.2; or (ii) a prohibition notice under Part 10.2; or (iii) an environmental action notice under Part 10.3; or (iv) a site management order under Part 10.4; (c) any action taken in connection with monitoring or enforcing compliance with a notice or order referred to in paragraph (b); (d) any prescribed action. (2) The Authority may recover reasonable costs under this section from any of the following persons— (a) the person who the Authority reasonably believes caused the circumstances that required the action to be taken (the ***relevant circumstances***); (b) the owner or occupier of the place or premises at which the relevant circumstances exist; (c) a previous owner or occupier of the place or premises at which the relevant circumstances exist, at the time the relevant circumstances first came into being; (d) a person issued with a notice or order referred to in subsection (1)(b). (3) For the purposes of this Division, reasonable costs includes but is not limited to the following costs, determined on such basis as the Authority considers appropriate and incurred as a result of or apportionable to any action taken by the Authority referred to in subsection (1)— (a) labour, administrative and overhead costs; (b) legal costs, equipment costs and fees paid. (4) Any costs recovered under this Division are to be paid into the Consolidated Fund. S. 297(5) inserted by No. 36/2022 s. 56, amended by No. 35/2023 s. 42. (5) This section applies despite anything to the contrary in Division 7A of Part 5.6 of the Corporations Act. S. 297A inserted by No. 36/2022 s. 57, amended by No. 35/2023 s. 43.