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Contingent liabilities and contingent assets
Contingent liabilities
The following contingent liabilities are additional to the liabilities included in the financial statements:
Litigation in progress
A third party has an ongoing (commenced in February 2012) Supreme Court action against the PTA relating to a claim to provide a Railway Crossing pursuant to Section 102 of the Public Works Act. The PTA has denied all liability and is defending the action. It is not possible to estimate the amount of any eventual payments in relation to this claim at balance sheet date.
A former contractor has an ongoing District Court action (commenced January 2014) against the PTA relating to a claim for breach of contract in relation to a services contract. The PTA has denied all liability and is defending the action. The plaintiff’s claim is for $741,503.
Contaminated Sites
Under the Contaminated Sites Act 2003, the PTA is required to report known and suspected contaminated sites to the Department of Environment Regulation (DER) formerly Department of Environment and Conservation (DEC). In accordance with the Act, DER classifies these sites on the basis of the risk to human health, the environment and environmental values. Where sites are classified as contaminated – remediation required or possibly contaminated – investigation required, the PTA may have a liability in respect of investigation or remediation expenses.
During the year the PTA reported two additional suspected contaminated sites to DER. One site has been classified as ‘possibly contaminated – investigation required’ and the other site has yet to be classified. The PTA is unable to assess the likely outcome of the classification process, and accordingly, it is not practicable to estimate the potential financial effect or to identify the uncertainties relating to the amount or timing of any outflows. Whilst there is no possibility of reimbursement of any future expenses that may be incurred in the remediation of these sites, the PTA may apply for funding from the Contaminated Sites Management Account to undertake further investigative work or to meet remediation costs that may be required.
Due to the fact that the PTA is still in the process of assessing the potential impact of all identified contaminated sites, a contingent liability may exist at year end for the sites which have not yet been assessed.