38   Limit on liability of representative or trustee

(1)  The financial liability under this Division of a legal personal representative in respect of an estate (or of a trustee of property), that is or includes or is part of significantly contaminated land, is limited respectively to such value of the assets of the estate (or such value of the property) as the representative or trustee may lawfully realise to meet a liability under this Division.

(2)  A person is not, in such a capacity, personally liable for any costs under this Act that relate to an order under this Part that relates to the land and is not required to carry out such an order to a greater extent than may be paid for by the person’s lawfully realising the assets of the estate or the property to meet those costs or that payment.

(3)  A reference in this section to a trustee of property includes the NSW Trustee and Guardian to the extent that the property is deemed to be vested in it under section 61 of the Probate and Administration Act 1898.