CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 42G
Claim on or realising of financial assurance
CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 42G
Claim on or realising of financial assurance
42G Claim on or realising of financial assurance
(1) The EPA may recover or fund the reasonable costs or expenses of the EPA or
other person in carrying out any action (including the likely costs or
expenses of the EPA in directing and supervising the carrying out of the
action) by making a claim on or realising the financial assurance or part of
it.
(2) Before making the claim on or realising the financial assurance or
part of it, the EPA must give to the person who was required to provide the
assurance a written notice under this section.
(3) The notice must--
(a)
state details of the action carried out or proposed to be carried out, and
(b) state the amount of the financial assurance to be claimed or realised, and
(c) invite the person to make representations to the EPA to show why the
financial assurance should not be claimed or realised as proposed, and
(d)
state the period (at least 30 days after the notice is given to the person)
within which representations may be made.
(4) The representations must be
made in writing.
(5) After the end of the period stated in the notice, the
EPA must consider any representations properly made by the person.
(6) If the
EPA decides to make a claim on or realise the financial assurance or part of
it, the EPA must immediately give written notice to the person of its decision
and the reasons for the decision.
(7) The EPA must return any excess amounts
to the person or that person's successors.
(8) If the amount of financial
assurance claimed or realised by the EPA is not sufficient to cover all the
costs or expenses concerned, the EPA may recover the excess from the person as
a debt in any court of competent jurisdiction.
