MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 306]

                relevant period means—
                (a)   if the applicant is required to give a compliance
                      statement under section 304—20 business days after the
                      statement is received; or
                (b)   otherwise—20 business days after the application is
                      received.

306        Power to require a change to financial assurance
          (1)   The administering authority may, at any time, require the
                holder of an environmental authority or small scale mining
                tenure for which financial assurance has been given to change
                the amount of the financial assurance.
          (2)   However, a requirement to change the financial assurance for
                a small scale mining tenure may only be made to ensure the
                amount of the financial assurance is in compliance with a
                prescribed condition about financial assurance for the tenure.
          (3)   Before making a requirement under this section, the
                administering authority must give written notice to the holder
                of the environmental authority or small scale mining tenure.
          (4)   The notice must—
                (a)   state details of the proposed requirement; and
                (b)   invite the holder to make, within a stated period,
                      submissions about the proposed requirement.
          (5)   The stated period must end at least 20 business days after the
                holder is given the notice.
          (6)   The administering authority must, before deciding to make
                the requirement, consider any written submissions made by
                the holder within the stated period.
          (7)   The requirement does not take effect until—
                (a)   the holder is given an information notice about the
                      decision; or


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