Dangerous Substances Act 2004

This section applies if an inspector takes action under section 148 (3) (Power to take action to prevent etc imminent risk) to prevent or minimise a risk.

Costs incurred by the Territory in relation to the action are a debt owing to the Territory by, and are recoverable together and separately from, the following people:

the person who owned the dangerous substance to which the risk related;

each person in control of the premises where the action was taken;

the person who caused the risk.

However, costs are not recoverable from a person if the person establishes that—

the risk was caused by the act or omission of someone other than the person or the person’s employee or agent; and

reasonable precautions were taken and appropriate diligence was exercised by the person to avoid the act or omission.

This section does not limit the powers the Territory has apart from this Act.