Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (3), a person who carries out any investigation or remediation in
respect of a site may, to the extent that that person is not the person
responsible for that remediation of the site, recover from the person
responsible for that remediation, the reasonable cost incurred in taking
reasonable action —
(a) to
carry out that investigation or remediation; and
(b) to
comply with any notice under Part 4 binding on that person in respect of the
site,
and interest at the
prescribed rate, by action in a court of competent jurisdiction as a debt due.
(2) A written
statement by the CEO, in respect of a particular site, stating that —
(a) the
action described in the statement was reasonable to investigate or remediate
the site; or
(b) that
costs specified in the statement were reasonable costs to incur in taking the
action described in the statement or under the relevant notice under Part 4,
is to be taken to be
proof of the statement in any proceedings under this Act, unless the contrary
is shown.
(3) Subsection (1)
applies in respect of a site for which the State is responsible for
remediation only if —
(a) the
action was taken to comply with a notice under Part 4 in respect of the site;
or
(b) the
State is responsible for remediation of the site under section 29(1)(a) or
(b).
(4) An action under
this section may be commenced at any time within 6 years after the date on
which the cause of action accrued and may not be commenced after that time.