Environmental Protection Act 1994

The administering authority may impose a condition on an environmental authority that the holder must not carry out, or allow the carrying out of, a relevant activity under the authority unless the holder has paid a financial assurance to the administering authority under this division.

The condition may require the financial assurance to be given as security for—

compliance with the environmental authority; and

costs and expenses, or likely costs and expenses, mentioned in section 316C.

However, the administering authority may impose the condition only if it is satisfied the condition is justified having regard to—

the degree of risk of environmental harm being caused, or that might reasonably be expected to be caused, by the relevant activity; and

the likelihood of action being required to rehabilitate or restore and protect the environment because of environmental harm being caused by the activity; and

the environmental record of the holder.

The administering authority may require a financial assurance to remain in force until it is satisfied no claim is likely to be made on the assurance.