(1) In the event of any harm to human health, safety or the environment caused through the failure of a holder of a Waste Management Facility Licence or Waste Haulage Licence to exercise due diligence in the management or transportation of any waste, that holder liable at the suit of —
(a) any person injured, for damages; and
(b) the Crown for —
(i) compensatory damages for loss to Crown property; and
(ii) compensation to the Crown for its expenses in mitigating the harm to human health, safety or the environment.
(2) In the event of any harm to human health, safety or the environment caused through failure of the holder of any Waste Management Licence or Waste Haulage Licence to exercise special care in the management or transportation of any waste during a situation caused by any accident or in times of emergency, that holder of a Licence or permit is liable in the manner stated in subsection (1).
(3) The onus of proving the exercise of due diligence or special care, as the case may be, under this section lies on the holder of the Licence.
(4) In the event of a spillage of waste in the course of the transportation of that waste by the holder of a Waste Haulage Licence that holder shall promptly have the spillage cleaned up and transported to a waste management facility permitted to accept the waste.
(5) If no waste management facility is available which is permitted to accept the waste, the operator of any waste management facility to which the holder of the Waste Haulage Licence transports the waste shall co-operate with that holder to ensure the safe storage of the spilled material and the management of the spilled material until a waste management facility becomes available which is permitted to accept the waste.
(6) Any costs reasonably incurred by the operator of the waste management facility who temporarily stores waste under this section shall be met by the holder of the Waste Haulage Licence.
(7) Any action by the operator of a waste management facility under subsection (5), shall be deemed to comply with the terms of the Waste Management Licence under which that waste management facility is operated.