Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(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, or an agency or authority acting on behalf of the State or the Northern Territory, as the case may be, incurs reasonable costs or expenses ( recoverable costs or expenses ) in doing any of the following in the land or waters of the State or the Northern Territory, as the case may be:
(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 State or the Northern Territory, as the case may be (or to the agency or authority acting on behalf of the State or the Northern Territory, as the case may be) by the registered holder of the title; and
(b) recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Other rights of action not affected
(3) This section does not affect any other right of action, or other remedy, that the State or the Northern Territory, as the case may be, an agency or authority acting on behalf of the State or the Northern Territory, as the case may be, or any other person may have against the registered holder of the title in relation to the escape of petroleum.