Procedure for claim on financial assurance in the event of a person's failure to remediate or clean up
228 Procedure for claim on financial assurance in the event of a person's failure to remediate or clean up
S. 228 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
Before the Authority makes a claim on a financial assurance for a matter specified in section 227(1)(a), the Authority must—
notify the person who provided the financial assurance in writing; and
invite the person who provided the financial assurance to make a submission on the Authority's intention to make a claim within 20 business days of the date of the notice; and
consider any submissions made within the period specified in paragraph (b).
The Authority may proceed with the claim 10 business days after the day the Authority receives any submissions or within the period specified in subsection (1)(b), whichever occurs first.
The Authority must notify the person who provided the financial assurance of a decision under subsection (2) in writing within 5 business days of the day of the decision.
This Act’s bill:Explanatory memorandumSecond reading speech
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