ENVIRONMENTAL PROTECTION ACT 1986 - SECT 86E
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 86E
86E . Claim on or realising of financial assurance
(1) This section
applies if —
(a) the
Minister incurs costs in taking action under section 48(7) or 69(2); or
(b) an
authorised person or inspector incurs costs in taking action under
section 73(1); or
(c) the
CEO incurs costs in taking action under section 68A(11)(a), 70(10)(a) or
73(4); or
(d) the
CEO reimburses costs under section 73A(3),
and the person from
whom those costs are or would be recoverable under this Act is a person who
has provided a financial assurance.
(2) The Minister or
the CEO may recover the reasonable costs of taking the action, or the costs
reimbursed, 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 Minister or
the CEO is to make all reasonable endeavours to give the responsible person a
written notice under this section.
(4) The notice is to
—
(a)
state details of the action taken; and
(b)
state the amount of the financial assurance to be claimed or realised; and
(c)
invite the responsible person to make representations to the Minister or the
CEO 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
responsible person) within which representations may be made.
(5) The
representations must be made in writing.
(6) After the end of
the period stated in the notice, the Minister or the CEO is to consider any
representations properly made by the responsible person.
(7) If the Minister or
the CEO decides to make a claim on or realise the financial assurance or part
of it, the Minister or the CEO is to immediately make reasonable endeavours to
give written notice to the responsible person of the decision and the reasons
for the decision.
(8) Any costs
recovered under this section are to be paid into the Consolidated Account.
[Section 86E inserted: No. 54 of 2003 s. 87;
amended: No. 77 of 2006 s. 4; No. 40 of 2020 s. 69.]