South Australian Current Acts South Australian Current Acts103—Recovery of costs and expenses
(1) The reasonable
costs and expenses incurred by the Authority or another administering agency
in taking action on non-compliance with a clean-up order may be recovered by
the Authority or other administering agency (as the case may be) as a debt
from the person who failed to comply with the requirements of the order.
(2) Where action has
been taken by the Authority in pursuance of a clean-up authorisation,
the Authority may recover the reasonable costs and expenses incurred by
the Authority in taking that action as a debt from the person whose
contravention gave rise to the issuing of the authorisation.
(2a) Subject to
subsection (2b), where—
(a) a
clean-up order or clean-up authorisation has been registered in relation to
land under section 101; or
(b) the
registration of a clean-up order or clean-up authorisation in relation to land
has been cancelled under that section,
the Authority or, in the case of an order that was registered on the
application of another administering agency, that administering agency may
recover, as a debt from the person whose contravention gave rise to the
issuing of the order or authorisation, an amount prescribed by regulation in
respect of the registration or cancellation (as the case may be).
(2b) No amount is
recoverable by the Authority or another administering agency under
subsection (2a) in relation to a clean-up order or clean-up authorisation
that has been revoked.
(3) Where an amount is
recoverable from a person by the Authority or another administering agency
under this section—
(a)
the Authority or other administering agency may, by notice in writing to the
person, fix a period, being not less than 28 days from the date of the notice,
within which the amount must be paid by the person, and, if the amount is not
paid by the person within that period, the person is liable to pay interest
charged at the prescribed rate per annum on the amount unpaid; and
(b) the
amount together with any interest charge so payable is until paid a charge in
favour of the Authority or other administering agency on any land owned by the
person in relation to which the clean-up order or clean-up authorisation is
registered under this Division.
(4) A charge imposed
on land by this section has priority over—
(a) any
prior charge on the land (whether or not registered) that operates in favour
of a person who is an associate of the owner of the land; and
(b) any
other charge on the land other than a charge registered prior to registration
of the clean-up order or clean-up authorisation in relation to the land.