MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                          [s 363N]

                           prevent the incident, having regard to all the
                           circumstances including the inherent nature of the
                           risk and the probability of the natural disaster; or
              (c)    if—
                     (i)   the contamination incident was caused by a
                           terrorist act or other deliberate act of sabotage by
                           someone other than the recipient; and
                     (ii) the recipient had taken all measures it would be
                          reasonable for the recipient to have taken to
                          prevent the incident, having regard to all the
                          circumstances including the inherent nature of the
                          risk and the nature of the recipient’s connection
                          with the incident; or
              (d)    for a recipient who is a prescribed person mentioned in
                     section 363M(c)(i), if the recipient took all reasonable
                     steps to ensure the first corporation paid the amount
                     claimed under the notice served on the first corporation;
                     or
              (e)    for a recipient who is a prescribed person mentioned in
                     section 363M(c)(ii), if—
                     (i)   the recipient took all reasonable steps to ensure the
                           first corporation paid the amount claimed under the
                           notice served on the first corporation; or
                     (ii) the recipient was not in a position to influence the
                          conduct of the first corporation in relation to its
                          paying the amount claimed under the notice served
                          on the first corporation.
        (6)   To the extent that the recipient pays an amount in compliance
              with the notice but did not cause or permit the contamination
              incident to happen, the recipient may recover the amount as a
              debt from another person who caused or permitted the
              contamination incident to happen.
        (7)   A reference in this section to an authorised person acting
              includes a person acting under the direction of an authorised
              person.
Current as at 20 February 2014                                           Page 303