sec.161ORecovery of costs of government action

### sec.161O Recovery of costs of government action This section applies if any of the following events happens in relation to the transport of dangerous goods— 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; or 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 or the State. The costs are recoverable jointly and severally from the following— 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 transport of the dangerous goods. However, costs are not recoverable from a person who— is mentioned in section 161A ; or 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 Act. s 161O (prev s 159 (orig s 79I)) ins 1997 No. 66 s 129 amd 1999 No. 42 s 54 (2) sch amdt 182 renum 1999 No. 42 s 54 (2) sch amdt 184 amd 2008 No. 67 s 94 (1) – (2) renum and reloc 2008 No. 67 s 94 (3) (sec.161O-ssec.1) This section applies if any of the following events happens in relation to the transport of dangerous goods— 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; or involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods. (sec.161O-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 or the State. (sec.161O-ssec.3) The costs are recoverable jointly and severally from the following— 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 transport of the dangerous goods. (sec.161O-ssec.4) However, costs are not recoverable from a person who— is mentioned in section 161A ; or 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.161O-ssec.5) This section does not limit the powers a government entity has apart from this Act. - (a) a dangerous situation; - (b) an incident— (i) wholly or partly constituted by or arising from— (A) the escape of dangerous goods; or (B) an explosion or fire involving dangerous goods; or (ii) involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods. - (i) wholly or partly constituted by or arising from— (A) the escape of dangerous goods; or (B) an explosion or fire involving dangerous goods; or - (A) the escape of dangerous goods; or - (B) an explosion or fire involving dangerous goods; or - (ii) involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods. - (i) wholly or partly constituted by or arising from— (A) the escape of dangerous goods; or (B) an explosion or fire involving dangerous goods; or - (A) the escape of dangerous goods; or - (B) an explosion or fire involving dangerous goods; or - (ii) involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods. - (A) the escape of dangerous goods; or - (B) an explosion or fire involving dangerous goods; or - (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 transport of the dangerous goods. - (a) is mentioned in section 161A ; or - (b) 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.