MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 13 Savings, transitional and related provisions
Part 2 Transitional provisions for Environmental Protection and Other Legislation
Amendment Act 2000
[s 599]

                (b)   any amount the administering authority decides would
                      have been the amount under section 364(3) for the
                      financial assurance had the amount been decided on the
                      commencement day.
          (9)   Section 365 and chapter 11, part 3 do not apply to financial
                assurance under this section or to a decision under subsection
                (8)(b).

599        Effect of financial assurance on security
          (1)   The financial assurance condition under section 598 only
                affects a security to the extent provided under that section.
          (2)   Without limiting subsection (1), section 598 does not affect or
                change—
                (a)   the security as a security under the Mineral Resources
                      Act; or
                (b)   the matters for which the security was given under that
                      Act; or
                (c)   the enforcement of the security under that Act, as
                      amended by the amending Act.
          (3)   Section 598, or any thing done under it, does not—
                (a)   discharge a security; or
                (b)   discharge or release a surety or other obligee, wholly or
                      partly, from an obligation; or
                (c)   fulfil a condition allowing a person to terminate an
                      instrument or be released, wholly or partly, from an
                      obligation or modify the operation or effect of an
                      instrument or obligation.
          (4)   If the advice or consent of, or giving notice to, a person would
                be necessary to give effect to the giving of the financial
                assurance—
                (a)   the advice is taken to have been obtained; and
                (b)   the consent or notice is taken to have been given.
Page 496                                                   Current as at 20 February 2014