sec.456Recovery of costs of government action

### sec.456 Recovery of costs of government action This section applies if any of the following events happen in relation to the transportation of dangerous goods by rail— a dangerous situation; an incident wholly or partly constituted by or arising from— the escape of dangerous goods; or an explosion or fire involving dangerous goods; an incident involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods. If a government entity incurs costs because of the event, the entity may recover the costs reasonably incurred in dealing with the event as a debt owing to the entity. The costs are recoverable as a joint and several liability from the following persons— the person who owned the dangerous goods when the event happened; the person who had possession or control of the dangerous goods when the event happened; the person who caused the event; the person responsible (other than as an employee, agent or subcontractor of someone else) for the transportation of the dangerous goods by rail. However, costs are not recoverable from a person— who does not incur civil liability because of section 458 ; or who establishes that— the event was primarily caused by someone else; or the person could not, exercising reasonable care, have prevented the event; or the event was not attributable to the person or to an employee, agent or subcontractor of the person. This section does not limit the powers a government entity has apart from this chapter. s 456 ins 2001 No. 79 s 34 amd 2008 No. 31 s 72 sch (sec.456-ssec.1) This section applies if any of the following events happen in relation to the transportation of dangerous goods by rail— a dangerous situation; an incident wholly or partly constituted by or arising from— the escape of dangerous goods; or an explosion or fire involving dangerous goods; an incident involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods. (sec.456-ssec.2) If a government entity incurs costs because of the event, the entity may recover the costs reasonably incurred in dealing with the event as a debt owing to the entity. (sec.456-ssec.3) The costs are recoverable as a joint and several liability from the following persons— the person who owned the dangerous goods when the event happened; the person who had possession or control of the dangerous goods when the event happened; the person who caused the event; the person responsible (other than as an employee, agent or subcontractor of someone else) for the transportation of the dangerous goods by rail. (sec.456-ssec.4) However, costs are not recoverable from a person— who does not incur civil liability because of section 458 ; or who establishes that— the event was primarily caused by someone else; or the person could not, exercising reasonable care, have prevented the event; or the event was not attributable to the person or to an employee, agent or subcontractor of the person. (sec.456-ssec.5) This section does not limit the powers a government entity has apart from this chapter. - (a) a dangerous situation; - (b) an incident wholly or partly constituted by or arising from— (i) the escape of dangerous goods; or (ii) an explosion or fire involving dangerous goods; - (i) the escape of dangerous goods; or - (ii) an explosion or fire involving dangerous goods; - (c) an incident involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods. - (i) the escape of dangerous goods; or - (ii) an explosion or fire involving dangerous goods; - (a) the person who owned the dangerous goods when the event happened; - (b) the person who had possession or control of the dangerous goods when the event happened; - (c) the person who caused the event; - (d) the person responsible (other than as an employee, agent or subcontractor of someone else) for the transportation of the dangerous goods by rail. - (a) who does not incur civil liability because of section 458 ; or - (b) who establishes that— (i) the event was primarily caused by someone else; or (ii) the person could not, exercising reasonable care, have prevented the event; or (iii) the event was not attributable to the person or to an employee, agent or subcontractor of the person. - (i) the event was primarily caused by someone else; or - (ii) the person could not, exercising reasonable care, have prevented the event; or - (iii) the event was not attributable to the person or to an employee, agent or subcontractor of the person. - (i) the event was primarily caused by someone else; or - (ii) the person could not, exercising reasonable care, have prevented the event; or - (iii) the event was not attributable to the person or to an employee, agent or subcontractor of the person.