Australian Capital Territory Current Acts

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NATURE CONSERVATION ACT 2014 - SECT 284

Financial assurance condition—recovery of extra costs

    (1)     This section applies if—

        (a)     the conservator makes a claim on or realises a financial assurance under a licence; and

        (b)     the amount recovered by the conservator (the realised assurance ) is less than the reasonable expenses that the conservator incurred, or will incur, in repairing the damage.

    (2)     The conservator may give the licensee written notice—

        (a)     requiring the licensee to pay the stated amount, being the difference between the reasonable expenses and the realised assurance; and

        (b)     stating when the stated amount is required to be paid (the due date ).

    (3)     The conservator must not decide a due date that is earlier than 20 working days after the day the notice is given to the licensee.

    (4)     If the licensee does not pay the stated amount on or before the due date, the amount that remains unpaid, together with interest on the unpaid amount, is a debt due to the Territory by the licensee.

Note 1     A rate of interest may be determined under s 368 for this provision.

Note 2     An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act

, s 177).



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