Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 161O

161O Recovery of costs of government action

(1) This section applies if any of the following events happens in relation to the transport of dangerous goods—

(a) a dangerous situation;

(b) an incident—

(i) wholly or partly constituted by or arising from—

(A) the escape of dangerous goods; or

(B) an explosion or fire involving dangerous goods; or

(ii) involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods.

(2) If a government entity incurs costs because of the event, the entity may recover the costs reasonably incurred in dealing with the event as a debt owing to the entity or the State.

(3) The costs are recoverable jointly and severally from the following—

(a) the person who owned the dangerous goods when the event happened;

(b) the person who had possession or control of the dangerous goods when the event happened;

(c) the person who caused the event;

(d) the person responsible (other than as an employee, agent or subcontractor of someone else) for the transport of the dangerous goods.

(4) However, costs are not recoverable from a person who—

(a) is mentioned in section 161A ; or

(b) establishes that—

(i) the event was primarily caused by someone else; or

(ii) the person could not, exercising reasonable care, have prevented the event; or

(iii) the event was not attributable to the person or to an employee, agent or subcontractor of the person.

(5) This section does not limit the powers a government entity has apart from this Act.