MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 7 Environmental management
Part 3 Transitional environmental programs

[s 344A]

                 (b)   the period that remains under the original approval; and
                 (c)   any change to the period under the original approval;
                       and
                 (d)   the nature of the risk of environmental harm being
                       caused by the activity.


Division 3A                  Financial assurances

344A Administering authority may claim or realise financial
     assurance
           (1)   This section applies if the administering authority incurs, or
                 might reasonably incur, costs or expenses in taking action to
                 secure compliance with a transitional environmental program,
                 or any conditions of the program, for which financial
                 assurance has been given.
           (2)   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.
           (3)   Before making the claim on or realising the financial
                 assurance or part of it, the administering authority must give
                 written notice to the person who gave the financial assurance.
           (4)   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 person 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.


Page 272                                              Current as at 20 February 2014