Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 369J

369J 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 an environmental enforcement order if—

(i) the recipient fails to comply with the order; and

(ii) an authorised person or contractor acts under section 369F in relation to the order; or

(b) to the recipient of an environmental enforcement order if—

(i) the operation of the decision to issue the order is stayed under section 539A or 539B; and

(ii) during the period of the stay, an authorised person or contractor acts under section 369F in relation to the order; and

(iii) the appeal ends and—

(A) there is no decision under section 530 or 539; or

(B) the effect of the decision under section 530 or 539 is to confirm the decision to issue the order to the extent the order required the recipient to take the action that was ultimately taken by the authorised person or contractor under section 369F; or

(C) the effect of the decision under section 530 or 539 is to issue an environmental enforcement order requiring the recipient to take action for the same purpose as the action that was ultimately taken by the authorised person or contractor under section 369F; or

(c) to a person whom the administering authority 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 an amount for costs or expenses reasonably incurred in—

(a) for a notice issued under subsection (1)(a) or (b)—

(i) taking an action stated in the environmental enforcement order; or

(ii) monitoring compliance by the recipient with the environmental enforcement order; 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 of the notice;

(b) the reasons why the administering authority is issuing the notice;

(c) if the notice relates to a contamination incident—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 amount claimed;

(f) that, if the recipient does not pay the amount claimed to the administering authority within 30 days after the day the notice is issued, the administering authority may recover 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 section 369K, if the recipient of the cost recovery notice does not pay the amount to the administering authority within 30 days after the day the notice is issued, the administering authority may recover the amount from the recipient as a debt.

(5) A reference in this section to an authorised person includes a person acting under the direction of an authorised person.

(6) In this section—

"costs and expenses" includes labour, equipment and administrative costs and expenses.