ENVIRONMENTAL PROTECTION ACT 1994 - SECT 344A
Administering authority may claim or realise financial assurance
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 344A
Administering authority may claim or realise financial assurance
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.
(5) The stated period
must end at least 20 business days after the person is given the notice.