Document ID: chunk:federal_register_of_legislation:C2014C00179:clause:3_572f
Version: federal_register_of_legislation:C2014C00179
Segment Type: clause
Provision Reference: sch 3 cl 572F
Character Range: 86462–88183

572F  Escape of petroleum—reimbursement of State or Northern Territory

Scope
 (1) This section applies if:
 (a) there is an escape of petroleum, in relation to a title, to which subsection 572C(1) applies; and
 (b) a State or the Northern Territory (the relevant jurisdiction), or an agency or authority acting on behalf of the relevant jurisdiction, incurs reasonable costs or expenses (recoverable costs or expenses) in doing any of the following in the land or waters of the relevant jurisdiction:
 (i) cleaning up the escaped petroleum;
 (ii) remediating any resulting damage to the environment;
 (iii) carrying out environmental monitoring of the impact of the escape on the environment.

Recovery of costs and expenses incurred by the State or the Northern Territory
 (2) The recoverable costs or expenses are:
 (a) a debt due to the relevant jurisdiction (or to the agency or authority acting on behalf of that jurisdiction) by the registered holder of the title; and
 (b) recoverable in a court of competent jurisdiction.

Other rights of action not affected
 (3) This section does not affect any other right of action, or other remedy, that the relevant jurisdiction, an agency or authority acting on behalf of that jurisdiction or any other person may have against the registered holder of the title in relation to the escape of petroleum.

Definition
 (4) In this section:
land or waters, of the relevant jurisdiction, are:
 (a) land or waters within the limits of the jurisdiction; or
 (b) the eligible coastal waters of the jurisdiction, within the meaning of section 650; or
 (c) the designated coastal waters of the jurisdiction, within the meaning of Part 6.9 (see section 644).

Division 2—Application