Review of refusal to release financial assurance—matters to consider before making decision
231K Review of refusal to release financial assurance—matters to consider before making decision
S. 231K inserted by No. 35/2023 s. 32.
If the Authority has received a submission under section 231J, the Authority must consider whether or not the submission—
sets out significant relevant new information; or
demonstrates that a material change has occurred.
The Authority must consider any submission received under section 231J before making a decision under section 231L(1).
The Authority may refuse to release all or part of the financial assurance under section 231L(1) without considering any further matters if—
the Authority considers that the submission does not set out significant relevant new information or demonstrate that a material change has occurred; or
no submission is received.
If the Authority considers that the submission sets out significant relevant new information or demonstrates that a material change has occurred, the Authority must consider—
whether the Authority may refuse to release all or part of the financial assurance under section 231C, 231D, 231E or 231F, as the case requires; and
the questions of causation and remoteness of any pollution, harm or contamination occurring after a trigger event described in section 231A(1), affecting land, personal property, waters or premises.
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