Recovery of costs—assessment and remediation
91M Recovery of costs—assessment and remediation
A person who carries out the requirements of an assessment or remediation under division 9.5 in relation to the contamination of land with a substance who was not responsible for the contamination, may recover in a court of competent jurisdiction a part of the person’s costs in carrying out those requirements from each person who did have the responsibility.
A person who carries out the requirements of an assessment or remediation under division 9.5 in relation to the contamination of land with a substance who was responsible for the contamination, may recover in a court of competent jurisdiction from each other person who had responsibility for the contamination a part of the first person’s costs in carrying out those requirements.
A reference in subsections (1) and (2) to the recovery of a part of a person’s costs is a reference to the recovery of a part of the costs that is just and reasonable in the circumstances including the following circumstances:
the proportion of responsibility of each person for the contamination;
the reasonable cost of the remediation (if any) carried out by each person in relation to the contamination.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.