MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 363N]

                       (i)   taking an action stated in the clean-up notice; or
                       (ii) monitoring compliance by the recipient with the
                            clean-up notice; or
                 (b)   for a notice issued under subsection (1)(c)—taking the
                       action under section 467.
           (3)   A cost recovery notice must state the following matters—
                 (a)   the name of the recipient;
                 (b)   a description of the contamination incident;
                 (c)   the place at or from which the administering authority is
                       satisfied the incident happened;
                 (d)   the amount claimed;
                 (e)   a description of costs and expenses giving rise to the
                       claimed amount;
                 (f)   that, if the recipient does not pay the amount to the
                       administering authority within 30 days after the day the
                       notice is issued, the administering authority may claim
                       the amount from the recipient as a debt;
                 (g)   the name, address and contact details of the
                       administering authority;
                 (h)   the review or appeal details.
           (4)   Subject to subsection (5), if the recipient does not pay the
                 amount to the administering authority within 30 days after the
                 day the notice is issued, the administering authority may
                 claim the amount from the recipient as a debt.
           (5)   The amount is not payable—
                 (a)   if the recipient is not a prescribed person; or
                 (b)   if—
                       (i)   the contamination incident was caused by a natural
                             disaster; and
                       (ii) the recipient had taken all measures it would be
                            reasonable for the recipient to have taken to
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