ENVIRONMENT PROTECTION ACT 1997 - SECT 89 Notice before claim on or realisation of a financial assurance

ENVIRONMENT PROTECTION ACT 1997 - SECT 89

    (1)     Before acting under section 88, the authority must give to the holder of the environmental authorisation in relation to which the financial assurance was provided, a written notice—

        (a)     specifying the environmental harm caused, or likely to be caused, by the authorised activity; and

        (b)     giving details of the action taken, or to be taken, to remedy the environmental harm or likely environmental harm; and

        (c)     specifying the amount of the financial assurance to be claimed or realised; and

        (d)     inviting the holder of the authorisation to make a written representation to the authority to show why the financial assurance should not be claimed or realised as proposed on or before a specified date (not earlier than 20 working days after the date of the notice).

    (2)     The authority must, within 20 working days after the date specified in the invitation under subsection (1) (d) and taking into account any representations made in response to the invitation—

        (a)     decide whether or not to make a claim on or realise the financial assurance or part of it; and

        (b)     give the holder of the authorisation written notice of that decision.