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ENVIRONMENT PROTECTION ACT 2017 - SECT 219 Authority may require financial assurance

ENVIRONMENT PROTECTION ACT 2017 - SECT 219

Authority may require financial assurance

    (1)     The Authority may require a person undertaking a particular activity to provide a financial assurance if any of the following apply—

        (a)     the Authority determines that provision of a financial assurance by the person is a condition of a prescribed permission;

        (b)     the Authority determines that provision of a financial assurance by the person is a condition of a site management order;

        (c)     the Authority determines that provision of a financial assurance by the person is a condition of an environmental action notice;

        (d)     an Order relating to environmentally hazardous substances requires the person to provide a financial assurance.

    (2)     The Authority may only make a determination under subsection (1)(a),(b) or (c) if the Authority is satisfied, having regard to the prescribed risk assessment criteria, that a financial assurance is necessary as security for the costs and expenses of remediation or clean up in connection with the particular activity.

    (3)     If the Authority requires a person to provide a financial assurance, the Authority must notify the person in writing of the form and amount of the financial assurance.

    (4)     If a person is given notice under subsection (3), the person must provide the financial assurance within a period, not less than 30 business days, to be specified by the Authority.

S. 220 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 1230, 3/2020 ss 4244, 47/2020 s. 26).