Environmental Protection Act 1994

Before making a claim on or realising an EPA assurance, the administering authority must give written notice to the entity who gave the EPA assurance.

Also, before asking the scheme manager for payment of the costs and expenses under section 316D(2)(b), the administering authority must give written notice to the entity who paid the surety.

The notice must—

state details of the action the administering authority proposes to take; and

state the amount of the EPA assurance to be claimed or realised, or amount to be requested from the scheme manager; and

for making a claim on or realising an EPA assurance or a surety under the Mineral and Energy Resources (Financial Provisioning) Act 2018—invite the entity to make written representations to the administering authority about why the assurance or surety should not be claimed or realised as proposed; and

state the period within which the representations must be made.

The stated period must end at least 20 business days after the entity is given the notice.