MCU14/0028 Appendix 2 EnvProtAct 1994

                                                Environmental Protection Act 1994
                                             Chapter 7 Environmental management
                                                     Part 5C Cost recovery notices

                                                                         [s 363N]

363N Administering authority may issue cost recovery notice
        (1)   The administering authority may issue a written notice (a cost
              recovery notice)—
              (a)    to the recipient of a clean-up notice, if—
                     (i)   the recipient fails to comply with the clean-up
                           notice; and
                     (ii) an authorised person or contractor acts under
                          section 363K; or
              (b)    to the recipient of a clean-up notice, if—
                     (i)   the operation of the decision to issue a clean-up
                           notice is stayed under section 535; and
                     (ii) during the period of the stay, an authorised person
                          or contractor acts under section 363K; and
                     (iii) either—
                           (A)   the appeal ends without an appeal decision
                                 under section 539; or
                           (B)   the effect of the appeal decision under
                                 section 539 is to confirm the decision to
                                 issue the clean-up notice to the extent the
                                 notice required the recipient to take the
                                 action that was ultimately taken by the
                                 authorised person or contractor under section
                                 363K; or
              (c)    to a person whom the administering authority
                     reasonably believes to be a prescribed person for a
                     contamination incident, if an authorised person, or
                     person authorised under section 467(1)(b), acts under
                     section 467 in relation to environmental harm caused or
                     likely to be caused by the incident.
        (2)   A cost recovery notice may claim a stated amount for costs or
              expenses reasonably incurred in—
              (a)    for a notice issued under subsection (1)(a) or (b)—


Current as at 20 February 2014                                          Page 301