New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - SECT 68
Recovery of costs of public authorities
68 Recovery of costs of public authorities
(1) This section applies to an incident that relates to the transport of
dangerous goods by road or rail being an incident-- (a) wholly or partly
constituted by or arising from-- (i) the escape of dangerous goods, or
(ii)
an explosion or fire involving dangerous goods, or
(b) that involves the
danger of the escape of dangerous goods or an explosion or fire involving
dangerous goods.
(2) If a public authority incurs costs as a result of the
occurrence of an incident to which this section applies, so much of the costs
as were reasonably incurred are recoverable as a debt due to the authority or
to the Crown by action in a court of competent jurisdiction.
(3) The costs
are recoverable jointly or severally from the following people-- (a) the
person who was the owner of the dangerous goods at the time of the incident,
(b) the person who was in control or possession of the dangerous goods at the
time of the incident,
(c) the person who caused the incident,
(d) the person
responsible, otherwise than as an employee, agent or sub-contractor of another
person, for the transport of the dangerous goods by road or rail.
(4) Costs
are not recoverable from a person who establishes that-- (a) the incident was
due to the act or default of another person, and
(b) the person could not,
exercising reasonable care, have prevented the incident, and
(c) the incident
was not attributable to an employee, agent or sub-contractor of the person.
(5) The recovery of costs incurred by one public authority as a result of the
occurrence of an incident to which this section applies, including an award or
judgment in relation to those costs or expenses, does not preclude the
recovery of costs incurred by another public authority as a result of the
occurrence of the incident.
(6) This section does not affect a right to
recover an amount in respect of costs or expenses that exists apart from this
section, but a public authority is not entitled to recover, in respect of the
same costs or expenses, an amount under this section and an amount in
proceedings founded on other rights.
(7) In proceedings under this section, a
document apparently signed by the principal officer of the relevant
public authority specifying details of the costs reasonably incurred as a
result of the occurrence of an incident to which this section applies is, in
the absence of evidence to the contrary, proof of the matter so specified.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback