(1) This section applies if the waste manager incurs, or will incur, costs and expenses in taking action to remedy harm—
(a) caused, or likely to be caused, by failure to comply with a licence; and
(b) that is within the class of harm in relation to which the financial assurance may be claimed or realised; and
(c) that was not allowed under this Act.
(2) The waste manager may recover the reasonable costs and expenses of taking the action by making a claim on or realising the financial assurance or part of it.