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MCU14/0028 Appendix 2 EnvProtAct 1994

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Original PDF page 213, section 1. The text section number identifies this passage in the reader.

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

                                                                                  [s 300]

300      Considering representations
              The administering authority must consider any written
              representations made within the stated period by the entity
              who gave the financial assurance.

301      Decision
        (1)   The administering authority must, within 10 business days
              after the end of the stated period, decide whether to make a
              claim on or realise the financial assurance.
        (2)   If the administering authority decides to make a claim on or
              realise the financial assurance, it must, within 5 business days
              after making the decision, give the entity an information
              notice about the decision.


Subdivision 4               Amending or discharging financial
                            assurance

302      Who may apply
        (1)   The holder of an environmental authority for which financial
              assurance has been given to the administering authority may
              apply to the authority to—
              (a)    amend the amount or form of the financial assurance as
                     stated in a notice given under section 296; or
              (b)    discharge the financial assurance.
        (2)   The holder of a small scale mining tenure for which financial
              assurance has been given to the administering authority may
              apply to the authority to discharge the financial assurance.

303      Requirements for application
              An application made under section 302 must—
              (a)    be made in the approved form; and
Current as at 20 February 2014                                                 Page 211
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