Person may recover cost in some circumstances
56 Person may recover cost in some circumstances
Subject to subsection (3), a person who carries out any investigation or remediation in respect of a site may, to the extent that that person is not the person responsible for that remediation of the site, recover from the person responsible for that remediation, the reasonable cost incurred in taking reasonable action —
to carry out that investigation or remediation; and
to comply with any notice under Part 4 binding on that person in respect of the site,
and interest at the prescribed rate, by action in a court of competent jurisdiction as a debt due.
A written statement by the CEO, in respect of a particular site, stating that —
the action described in the statement was reasonable to investigate or remediate the site; or
that costs specified in the statement were reasonable costs to incur in taking the action described in the statement or under the relevant notice under Part 4,
is to be taken to be proof of the statement in any proceedings under this Act, unless the contrary is shown.
Subsection (1) applies in respect of a site for which the State is responsible for remediation only if —
the action was taken to comply with a notice under Part 4 in respect of the site; or
the State is responsible for remediation of the site under section 29(1)(a) or (b).
An action under this section may be commenced at any time within 6 years after the date on which the cause of action accrued and may not be commenced after that time.
This provision refers to the regulations (prescribed rate
). Made under this Act:
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