Explosives Act 1999
sec.125Recovery of costs of government action
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sec.125 Recovery of costs of government action
This section applies to a dangerous situation or an explosives incident (an incident ) completely or partly involving or arising from, or involving the danger of— the escape of an explosive; or an explosion or fire involving explosives. If a government entity incurs costs because of an incident, the entity may recover the costs reasonably incurred in dealing with the incident as a debt owing to the entity or the State. The costs are recoverable jointly and severally from the following persons— the person who owned the explosives when the incident happened; the person who possessed the explosives when the incident happened; the person who caused the incident; the person responsible (other than as an employee, agent or subcontractor of someone else) for the explosives. However, costs are not recoverable from a person who establishes that— the incident was due to the act or default of another person; or the person could not, exercising reasonable care, have prevented the incident; or the incident was not attributable to an employee, agent or subcontractor of the person. This section does not limit the powers a government entity has apart from this Act. (sec.125-ssec.1) This section applies to a dangerous situation or an explosives incident (an incident ) completely or partly involving or arising from, or involving the danger of— the escape of an explosive; or an explosion or fire involving explosives. (sec.125-ssec.2) If a government entity incurs costs because of an incident, the entity may recover the costs reasonably incurred in dealing with the incident as a debt owing to the entity or the State. (sec.125-ssec.3) The costs are recoverable jointly and severally from the following persons— the person who owned the explosives when the incident happened; the person who possessed the explosives when the incident happened; the person who caused the incident; the person responsible (other than as an employee, agent or subcontractor of someone else) for the explosives. (sec.125-ssec.4) However, costs are not recoverable from a person who establishes that— the incident was due to the act or default of another person; or the person could not, exercising reasonable care, have prevented the incident; or the incident was not attributable to an employee, agent or subcontractor of the person. (sec.125-ssec.5) This section does not limit the powers a government entity has apart from this Act.
- (a) the escape of an explosive; or
- (b) an explosion or fire involving explosives.
- (a) the person who owned the explosives when the incident happened;
- (b) the person who possessed the explosives when the incident happened;
- (c) the person who caused the incident;
- (d) the person responsible (other than as an employee, agent or subcontractor of someone else) for the explosives.