Waste Management and Resource Recovery Act 2016

This section applies if the amount recovered by the waste manager by a claim on or by realising a financial assurance (the realised assurance) is less than the reasonable costs and expenses that the waste manager incurred or will incur in taking action to remedy the harm caused, or likely to be caused, by a failure to comply with a condition of a licence (the reasonable costs and expenses).

The waste manager may give the licensee written notice requiring the licensee to pay a stated amount that is the difference between the reasonable costs and expenses and the realised assurance.

The notice must state the date, not earlier than 20 working days after the date of the notice, by which the stated amount is required to be paid.

Subsection (5) applies if—

the waste manager has given a licensee written notice under subsection (2); and

the licensee has failed to pay the stated amount by the stated date.

Any part of the stated amount that 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 126 for s (5).