sec.369KWhen amount claimed under cost recovery notice is not payable

### sec.369K When amount claimed under cost recovery notice is not payable This section applies if a cost recovery notice is issued to the recipient of an environmental enforcement order that was issued under section 362 (2) (a) . The amount claimed under the cost recovery notice is not payable— if the recipient is not a prescribed person for the contamination incident; or if both of the following apply— the contamination incident was caused by a natural disaster; the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or if both of the following apply— the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or for a recipient who is a prescribed person mentioned in section 361 (d) (i) , if the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or for a recipient who is a prescribed person mentioned in section 361 (d) (ii) , if— the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or the recipient was not in a position to influence the conduct of the first corporation in relation to its paying the amount claimed under the notice served on the first corporation. To the extent that the recipient pays an amount in compliance with the cost recovery notice but did not cause or permit the contamination incident to happen, the recipient may recover the amount as a debt from another person who caused or permitted the contamination incident to happen. In this section— first corporation see section 361 (d) . s 369K ins 2024 No. 30 s 28 (sec.369K-ssec.1) This section applies if a cost recovery notice is issued to the recipient of an environmental enforcement order that was issued under section 362 (2) (a) . (sec.369K-ssec.2) The amount claimed under the cost recovery notice is not payable— if the recipient is not a prescribed person for the contamination incident; or if both of the following apply— the contamination incident was caused by a natural disaster; the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or if both of the following apply— the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or for a recipient who is a prescribed person mentioned in section 361 (d) (i) , if the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or for a recipient who is a prescribed person mentioned in section 361 (d) (ii) , if— the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or the recipient was not in a position to influence the conduct of the first corporation in relation to its paying the amount claimed under the notice served on the first corporation. (sec.369K-ssec.3) To the extent that the recipient pays an amount in compliance with the cost recovery notice but did not cause or permit the contamination incident to happen, the recipient may recover the amount as a debt from another person who caused or permitted the contamination incident to happen. (sec.369K-ssec.4) In this section— first corporation see section 361 (d) . - (a) if the recipient is not a prescribed person for the contamination incident; or - (b) if both of the following apply— (i) the contamination incident was caused by a natural disaster; (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or - (i) the contamination incident was caused by a natural disaster; - (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or - (c) if both of the following apply— (i) the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or - (i) the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; - (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or - (d) for a recipient who is a prescribed person mentioned in section 361 (d) (i) , if the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or - (e) for a recipient who is a prescribed person mentioned in section 361 (d) (ii) , if— (i) the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or (ii) the recipient was not in a position to influence the conduct of the first corporation in relation to its paying the amount claimed under the notice served on the first corporation. - (i) the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or - (ii) the recipient was not in a position to influence the conduct of the first corporation in relation to its paying the amount claimed under the notice served on the first corporation. - (i) the contamination incident was caused by a natural disaster; - (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or - (i) the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; - (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or - (i) the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or - (ii) the recipient was not in a position to influence the conduct of the first corporation in relation to its paying the amount claimed under the notice served on the first corporation.