South Australian Current Acts

ENVIRONMENT PROTECTION ACT 1993 - SECT 103R

103R—Recovery of costs and expenses incurred by Authority

        (1)         Where action has been taken by the Authority either on non-compliance with the requirements of a site contamination assessment order or a site remediation order, or in pursuance of a site remediation order, the Authority may recover the reasonable costs and expenses incurred by the Authority in taking that action as a debt from the person to whom the order was issued.

        (2)         Subject to subsection (3), where—

            (a)         a site contamination assessment order or site remediation order has been registered in relation to a site under section 103O; or

            (b)         the registration of a site contamination assessment order or site remediation order in relation to land has been cancelled under that section,

the Authority may recover, as a debt from the person to whom the order was issued, an amount prescribed by regulation in respect of the registration or cancellation (as the case may be).

        (3)         No amount is recoverable by the Authority under subsection (2) in relation to a site contamination assessment order or site remediation order that has been revoked.

        (4)         Where an amount is recoverable from a person by the Authority under this section—

            (a)         the Authority 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 on any land owned by the person in relation to which the site contamination assessment order or site remediation order is registered under this Division.

        (5)         A charge imposed on land by this section has priority over—

            (a)         any prior charge imposed 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 site contamination assessment order or site remediation order in relation to the land.