MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 298]

298        Application of sdiv 3
                This subdivision applies if the administering authority incurs,
                or might reasonably incur, costs or expenses in taking action
                to—
                (a)   prevent or minimise environmental harm or rehabilitate
                      or restore the environment, in relation to the carrying out
                      of an activity for which financial assurance has been
                      given; or
                (b)   secure compliance with an environmental authority or
                      small scale mining tenure for which financial assurance
                      has been given.

299        Administering authority may claim or realise financial
           assurance
          (1)   The administering authority may recover the reasonable costs
                or expenses of taking the action by making a claim on or
                realising the financial assurance or part of it.
          (2)   Before making the claim on or realising the financial
                assurance or part of it, the administering authority must give
                written notice to the entity who gave the financial assurance.
          (3)   The notice must—
                (a)   state details of the action proposed to be taken; and
                (b)   state the amount of the financial assurance to be claimed
                      or realised; and
                (c)   invite the entity to make written representations to the
                      administering authority to show why the financial
                      assurance should not be claimed or realised as proposed;
                      and
                (d)   state the period within which the representations may be
                      made.
          (4)   The stated period must end at least 20 business days after the
                entity is given the notice.


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