Document ID: chunk:federal_register_of_legislation:C2024C00680:section:135
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 135
Character Range: 234569–235565

135  Remedying breaches of environmental standards—recovery of expenses by the Commonwealth
 (1) If:
 (a) a person has contravened:
 (i) section 131B, 131C or 131D; or
 (ii) regulations made for the purposes of section 132 or 133; and
 (b) the Commonwealth has incurred expenses or other liabilities in relation to cleaning up, remedying or rectifying the act or omission constituting the contravention;
the person is liable to pay to the Commonwealth an amount equal to so much of those expenses or liabilities as is reasonable.
 (2) An amount payable under subsection (1) may be recovered, as a debt due to the Commonwealth by the person, by action in a court of competent jurisdiction.
 (3) An action under subsection (1) must be instituted within 3 years after the act or omission occurred or within such longer period as the court allows.
 (4) Subsection (1) does not limit, restrict or otherwise affect any right or remedy the Commonwealth would have if this section had not been enacted.