MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 5 Environmental authorities and environmentally relevant activities
Part 12 General provisions

[s 295]

                than an authority for which a plan of operations is required
                under section 287.
                Note—
                  A proposed amount of financial assurance for a plan of operations must
                  be stated in the rehabilitation program for the plan of operations under
                  section 288(2).
          (2)   The holder of the authority may apply to the administering
                authority for a decision about the amount and form of
                financial assurance.
          (3)   The application must—
                (a)   be made in the approved form; and
                (b)   include any other information required to be included in
                      the application under a guideline—
                      (i)    made by the chief executive; and
                      (ii) prescribed under a regulation.

295        Deciding amount and form of financial assurance
          (1)   The administering authority must decide the amount and form
                of financial assurance required under a condition of an
                environmental authority.
          (2)   The decision must be made within—
                (a)   if an application is made under section 294(2)—10
                      business days after the application is received; or
                (b)   if the decision relates to an environmental authority for
                      which a plan of operations is required under section
                      287—15 business days after the plan of operations is
                      received; or
                (c)   the further period agreed between the holder of the
                      environmental authority and the administering authority.
          (3)   In making the decision, the administering authority must have
                regard to—
                (a)   the regulatory requirements; and
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