Environment Protection Act 1997

If the amount recovered by the authority by a claim on or by realising a financial assurance (the realised assurance) is less than the reasonable costs and expenses that the authority incurred or will incur in taking action to remedy the environmental harm caused, or likely to be caused, by the authorised activity (the reasonable costs and expenses), the authority may give the holder of the environmental authorisation written notice requiring the holder to pay the specified amount, being the difference between the reasonable costs and expenses and the realised assurance.

The notice must specify the date, not earlier than 20 working days after the date of the notice, on or before which the specified amount is required to be paid.

If—

the authority has given a person a notice under subsection (1); and

the holder of the environmental authorisation has failed to pay the specified amount on or before the specified date;

so much of the specified amount as remains unpaid, together with interest on the unpaid amount, is a debt due to the Territory by the holder.

Note A rate of interest may be determined under s 165 for this subsection.