142Recovery of costs of public authorities

142 Recovery of costs of public authorities (1) This section applies to an incident that: (a) relates to the transport of dangerous goods by road or rail; and (b) is wholly or partly constituted by or arising from, or involves the danger of: (i) the escape of dangerous goods; or (ii) an explosion or fire involving dangerous goods. (2) If a public authority incurs costs as a result of the occurrence of the incident, so much of the costs as were reasonably incurred are recoverable as a debt due to the authority by action in a court of competent jurisdiction. (3) The costs are recoverable jointly or severally from the following persons: (a) the person who was the owner of the dangerous goods at the time of the incident; (b) the person who was in control or possession of the dangerous goods at the time of the incident; (c) the person who caused the incident;

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 94 (d) the person responsible, otherwise than as an employee, agent or subcontractor of another person, for the transport of the dangerous goods by road or rail. (4) Costs are not recoverable from a person who establishes that: (a) the incident was due to the act or omission of another person; and (b) the person could not, by exercising reasonable care, have prevented the incident; and (c) the incident was not attributable to an employee, agent or subcontractor of the person. (5) The recovery of costs incurred by the public authority as a result of the occurrence of the incident (including an award or judgment in relation to those costs) does not preclude the recovery of costs incurred by another public authority as a result of the occurrence of the incident. (6) This section does not affect a right to recover an amount for costs or expenses that exists apart from this section, but a public authority is not entitled to recover, for the same costs or expenses, an amount under this section and an amount in proceedings founded on other rights. (7) In proceedings under this section, a document apparently signed by the principal officer of a public authority stating details of the costs reasonably incurred as a result of the occurrence of an incident to which this section applies is evidence of the matter stated in the document.