Environment Protection Act 2017

This section applies if—

the Authority determines that the person who provided a financial assurance has failed to conduct the remediation or clean up activities required by this Act or the regulations; or

the Authority has exercised clean up powers in accordance with section 294(1) in connection with the particular activity that the financial assurance was provided in relation to.

The Authority may make a claim on a financial assurance for any reasonable costs incurred, or that the Authority considers are likely to be incurred, by the Authority in conducting the remediation or clean up activities.

The Authority may make a claim on a financial assurance with respect to a power specified in subsection (1)(b) whether or not any costs incurred by the Authority in conducting the remediation or clean up activities are the result of an act or omission before the financial assurance was provided.

If the Authority makes a claim under this section and the costs incurred by the Authority in conducting the remediation or clean up activities exceed the amount of the financial assurance, the Authority may recover as a debt due to the Crown in a court of competent jurisdiction any reasonable costs incurred by the Authority in conducting the remediation or clean up activities.

If the Authority makes a claim under this section, nothing in this Part prevents the Authority from making a further claim for reasonable costs incurred, or that the Authority considers are likely to be incurred, in conducting clean up or remediation activities.

Any money recovered under this section is to be paid into the Consolidated Fund.