Failure to perform obligation
22 Failure to perform obligation
(1) Where a landholder neglects or refuses to take an action that, under this Act, he is required to take, the Territory may, at the request of the Commissioner, cause that action to be taken and, for that purpose, may, by its servants or agents, with or without vehicles and equipment, enter upon the land of which that person is a landholder.
For the purposes of subsection (1):
(a) the Administrator may authorize the taking of action by or on behalf of the Territory; and
(b) the Minister may authorize the taking of an action by or on behalf of the Territory at a cost not exceeding $20,000.
(3) The amount of the expense incurred by the Territory in causing an action to be taken under subsection (1) shall be a debt due to the Territory by the person who neglected or refused to take the action and that debt:
(a) shall bear interest at such rate as the Minister from time to time determines by notice in the Gazette;
(b) may be recovered, together with that interest, by action against the debtor in a court of competent jurisdiction; and
(c) is a statutory charge, within the meaning of the Land Title Act 2000, on the land.
(4) Where, under this section, 2 or more persons are liable for a debt, they are jointly and severally liable.
(5) A person who, under this section, is liable for a debt may recover contribution from another person who is likewise liable, either by joining that other person as a party in an action brought under this section or by bringing a separate action in a court of competent jurisdiction.
(6) A court hearing a claim for contribution under this section shall consider the relative benefit of the action from which the debt arose to each party and shall make such order as to contribution and as to costs as it thinks just.
(7) In proceedings by the Territory to recover an amount under this section, a certificate by the Minister certifying that an amount specified in the certificate was the amount of expense incurred by the Territory in taking an action specified in the certificate is prima facie evidence of the fact certified.
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