Contaminated Land Management Act 1997

The EPA may recover or fund the reasonable costs or expenses of the EPA or other person in carrying out any action (including the likely costs or expenses of the EPA in directing and supervising the carrying out of the action) by making a claim on or realising the financial assurance or part of it.

Before making the claim on or realising the financial assurance or part of it, the EPA must give to the person who was required to provide the assurance a written notice under this section.

The notice must—

state details of the action carried out or proposed to be carried out, and

state the amount of the financial assurance to be claimed or realised, and

invite the person to make representations to the EPA to show why the financial assurance should not be claimed or realised as proposed, and

state the period (at least 30 days after the notice is given to the person) within which representations may be made.

The representations must be made in writing.

After the end of the period stated in the notice, the EPA must consider any representations properly made by the person.

If the EPA decides to make a claim on or realise the financial assurance or part of it, the EPA must immediately give written notice to the person of its decision and the reasons for the decision.

The EPA must return any excess amounts to the person or that person’s successors.

If the amount of financial assurance claimed or realised by the EPA is not sufficient to cover all the costs or expenses concerned, the EPA may recover the excess from the person as a debt in any court of competent jurisdiction.