58Recovery of costs of government action

58 Recovery of costs of government action

(1)  This section applies if an authorised officer has –

(a) taken an action under section 57 to prevent, remove or minimise a dangerous situation; or

(b) caused such an action to be taken.

(2)  If the Crown incurs costs as a result of the taking of the action, so much of the costs as were reasonably incurred are recoverable as a debt due to the Crown.

(3)  The costs are recoverable jointly and severally from the following persons:

(a) the person who owned the explosives involved in the dangerous situation;

(b) the occupier of the place where the dangerous situation existed;

(c) the person who caused the dangerous situation.

(4)  However, costs are not recoverable from a person who establishes that –

(a) the dangerous situation was due to the act or default of someone else, other than an employee or agent of the person; or

(b) the person could not, exercising reasonable care, have prevented the dangerous situation.

(5)  This section does not limit the powers that the Crown has apart from this Act.