105Compensation may be claimed from third parties

105 Compensation may be claimed from third parties (1) An owner or occupier of land (in this section called the claimant) may recover damages or obtain an order for restitution from a person who has done an act, or failed to do an act that the person would reasonably be expected to have done where: (a) the act or failure has resulted in pollution on the claimant's land resulting in environmental harm or an increase in the extent or the severity of pollution resulting in environmental harm on the claimant's land; and (b) the claimant is required by or under this Act to do an act on the land owned or occupied by him or her partly or wholly as a result of the action or failure to act of the person. (2) An action seeking damages or restitution under subsection (1) may be brought in a court of competent jurisdiction. (3) In an action under subsection (1) a court may make orders as to contribution and costs as it thinks fit.