Radiation Protection and Control Act 2021

If the Minister is satisfied that a person has caused harm to people or the environment by—

a breach of the general duty of care; or

a contravention of a condition of an accreditation or authorisation; or

a contravention of this Act, the Minister may issue a reparation authorisation (whether or not a reparation order has been issued to the person) under which authorised officers or other persons authorised by the Minister for the purpose may take specified action on the Minister's behalf to make good any harm to people or the environment.

A reparation authorisation may include authorisation for action to be taken to prevent or mitigate further harm to people or the environment.

A reparation authorisation issued under this section—

must be in the form of a notice given in the prescribed manner to the person alleged to have caused the harm as soon as practicable after the issuing of the reparation; and

must specify the person alleged to have caused the harm (whether by name or a description sufficient to identify the person); and

must state the grounds on which it is made with reasonable particularity.

The Minister may vary or revoke a reparation authorisation.

The Minister must, as soon as practicable after varying or revoking a reparation authorisation, give the person alleged to have caused the harm notice of the variation or revocation in the prescribed manner.

If a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply:

the Minister must issue the person with an instrument of authorisation;

the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;

the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;

the person must produce the instrument of authorisation for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.

A person taking action under a reparation authorisation may enter any relevant premises or vehicle at any reasonable time.

The reasonable costs and expenses incurred by the Minister in taking action under a reparation authorisation may be recovered by the Minister as a debt from the person who caused the relevant harm.

If an amount is recoverable from a person by the Minister under this section—

the Minister may, by notice given in the prescribed manner to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and

the amount together with any interest charge so payable is, until paid, a charge in favour of the Minister on any land owned by the person in relation to which the reparation authorisation is registered under this Part.