Western Australian Current Acts Western Australian Current Acts (1) If the CEO takes
action under section 53(1)(a), the CEO may recover the reasonable costs
incurred in taking the action, and interest at the prescribed rate, from a
person on whom the relevant notice is binding, by action in a court of
competent jurisdiction as a debt due to the Crown.
(2) If —
(a) the
CEO takes action under section 53(1)(b) in respect of an orphan site for which
the State is responsible for remediation in accordance with section 29(1)(d);
and
(b)
within 6 years of the site becoming an orphan site the person referred to in
section 29(1)(d) is, in the opinion of the committee, identified, found or can
be made to assume responsibility for remediation,
that person —
(c) on
being given notice under subsection (3); and
(d)
subject to subsection (5),
is liable to repay the
reasonable costs incurred in taking the action under section 53(1)(b), with
interest at the prescribed rate, to the CEO.
(3) The committee is
to give written notice to a person referred to in subsection (2) —
(a) who,
in the opinion of the committee, would have been responsible for remediation
under section 24 if the State had not taken responsibility;
(b)
stating that, in the opinion of the committee, the person is liable under this
section and —
(i)
specifying the extent of the person’s
responsibility for remediation;
(ii)
specifying the reasonable costs incurred in carrying out
the investigation and remediation, and the amount of interest, that the person
is liable to pay;
(iii)
requiring that the amount referred to in subparagraph
(ii) be paid within the time specified in the notice, or such further time as
is agreed; and
(iv)
containing such other details as are prescribed;
and
(c)
containing details of any appeal available under section 77.
(4) The CEO may
recover the costs and interest referred to in subsection (2) by action in a
court of competent jurisdiction as a debt due to the Crown.
(5) Subsection (2)
applies in respect of land which has been taken in accordance with
section 32(4) only if the land, as remediated, is valued at a lesser amount
than the amount of the reasonable costs incurred in taking the action under
section 53(1)(b), and in that situation, the amount which may be recovered
under subsection (2) is the amount of the reasonable costs incurred in taking
the action under section 53(1)(b) minus the amount of the value of the land.
(6) A person who has
been given a notice under subsection (3) may appeal against a decision of the
committee —
(a) to
give the person the notice; or
(b) to
require the payment of the amount specified in the notice,
in accordance with
section 77.