MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 9 Investigation and enforcement
Part 6 General

[s 488]

          (3)   The compensation must be claimed from—
                (a)   if the power or requirement that gives rise to the claim
                      was exercised or made by an authorised person
                      appointed by the chief executive officer of a local
                      government, or a person authorised by such an
                      authorised person under section 458 or 467(1)(b) to take
                      action—the local government; or
                (b)   if paragraph (a) does not apply—the State.
          (4)   Payment of compensation may be claimed and ordered in a
                proceeding for—
                (a)   compensation brought in a court of competent
                      jurisdiction; or
                (b)   an offence against this Act brought against the person
                      making the claim for compensation.
          (5)   A court may order the payment of compensation for the loss
                or expense only if it is satisfied it is just to make the order in
                the circumstances of the particular case.

488        Administering authority to reimburse costs and expenses
           incurred
          (1)   If a person incurs costs and expenses in complying with a
                direction under section 467(1)(a), the administering authority
                must reimburse the person’s reasonable costs and expenses.
          (2)   Subsection (1) does not apply to the person who caused or
                allowed the relevant emergency to happen or, in the case of a
                contamination incident, a prescribed person for the incident.

489        Costs of investigation or remediation to be paid by
           recipient
          (1)   The amount properly and reasonably incurred by the
                administering authority in conducting a site investigation, or
                remediating land, is a debt payable to the administering


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