Environmental Protection Act 1994

This section applies if the administering authority incurs, or might reasonably incur, costs or expenses in taking action to secure compliance with a transitional environmental program, or any conditions of the program, for which financial assurance has been given.

The administering authority may recover the reasonable costs or expenses of taking 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 administering authority must give written notice to the person who gave the financial assurance.

The notice must—

state details of the action proposed to be taken; and

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

invite the person to make written representations to the administering authority to show why the financial assurance should not be claimed or realised as proposed; and

state the period within which the representations may be made.

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