(1) This section applies if—
(a) a licence is subject to a financial assurance condition; and
(b) a population, habitat or ecosystem is seriously or materially damaged because of the licensed activity; and
(c) the conservator incurs, or will incur, expenses in repairing the damage; and
(d) the damage is the kind of harm for which the financial assurance may be claimed or realised; and
(e) the damage was not licensed under this Act.
(2) The conservator may recover the reasonable expenses of repairing the damage by making a claim on or realising the financial assurance.