28Recovery of costs

28 Recovery of costs

28 Recovery of costs

(1) If costs or expenses are incurred by the Authority or a public body in taking action or causing action to be taken under this Act in respect of a danger or potential danger resulting from an act or omission by any person in contravention of this Act or the regulations, the Authority or public body may recover those costs or expenses from that person in a court of competent jurisdiction as a debt.

(2) If a notice under section 18 is served on a person, or a direction under section 19 is given to a person, the Authority may, by giving notice in writing, require the person to pay all or any reasonable costs and expenses incurred by the Authority in connection with—

(a) monitoring action under the notice or direction, and

(b) ensuring that the notice or direction is complied with, and

(c) a matter associated with or incidental to a matter referred to in paragraph (a) or (b).

(2A) The Authority may give such a notice even if it did not issue the relevant notice under section 18 or the relevant direction under section 19.

(2B) Without limiting subsection (2)(c), the costs incurred by the Authority in connection with a matter associated with or incidental to a matter referred to in subsection (2)(a) or (b) include costs and expenses incurred in connection with the notice or direction before the notice or direction was given.

(3) Any such costs and expenses may be recovered by the Authority from the person in a court of competent jurisdiction as a debt.

(4) The Authority may recover the amount specified in an order under section 23B(1)(g) as a debt in a court of competent jurisdiction from—

(a) the person required by the order to pay the costs, or

(b) if the person required to pay the costs is a corporation—

(i) the corporation, or

(ii) a current director of the corporation, or

(iii) a former director of the corporation, or

(iv) a related body corporate.

(5) An order made by the Land and Environment Court under subsection (4) is enforceable as if it were an order made by the Court in Class 4 proceedings under the .