MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
              Chapter 5 Environmental authorities and environmentally relevant activities
                                         Part 10 Surrender of environmental authorities

                                                                                   [s 273]

                           Example of an action for subparagraph (ii)—
                                 plugging a GHG well that is found to be leaking GHG into
                                 an overlying aquifer
                     (iii) restore the environment because of environmental
                           harm resulting from relevant resource activities for
                           the environmental authority; and
                           Example of an action for subparagraph (iii)—
                                 pumping contaminated water to the surface for treatment
              (c)    the cost of likely action in comparison with the cost of
                     best practice environmental management of the similar
                     use of land that has not previously been affected by the
                     activities.

273      Amount and form of payment
        (1)   The administering authority must decide the amount and form
              of the payment required.
        (2)   The administering authority may decide the amount by
              reference to a guideline or other publicly available document.
        (3)   Despite subsections (1) and (2), the administering authority
              can not require a payment of an amount more than the amount
              that, in the authority’s opinion, represents the likely
              rehabilitation costs.
        (4)   In this section—
              likely rehabilitation costs means all likely costs and expenses
              that may be incurred in taking action to rehabilitate or restore
              and protect the environment because of environmental harm
              that may be caused by the residual risks of the relevant area.




Current as at 20 February 2014                                                  Page 191