MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                  [s 296]

              (b)    any criteria stated in a guideline made by the chief
                     executive and prescribed under a regulation.
        (4)   Despite subsections (1) and (3), the administering authority
              can not require financial assurance of an amount more than
              the amount that, in the authority’s opinion, represents the total
              of likely costs and expenses that may be incurred taking
              action to rehabilitate or restore and protect the environment
              because of environmental harm that may be caused by the
              activity.
        (5)   In this section—
              costs and expenses includes monitoring and maintenance
              costs and expenses.

296      Notice of decision
              The administering authority must, within 5 business days after
              making a decision under section 295(1), give an information
              notice about the decision to the holder of the environmental
              authority.


Subdivision 3               Claiming or realising financial
                            assurance

297      Definitions for sdiv 3
              In this subdivision—
              environmental authority includes a cancelled or surrendered
              environmental authority.
              small scale mining tenure includes a cancelled or surrendered
              small scale mining tenure.




Current as at 20 February 2014                                                 Page 209