New South Wales Consolidated Acts
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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 303
Claim on or realising of financial assurance
303 Claim on or realising of financial assurance
(1) The appropriate regulatory authority may recover or fund the reasonable
costs or expenses of that authority or other person in carrying out any such
work or program (including the likely costs and expenses of that authority in
directing and supervising the carrying out of the work or program) by making a
claim on or realising the financial assurance or part of it.
(2) Before
making the claim on or realising the financial assurance or part of it, the
appropriate regulatory authority must give to the holder or former holder of
the licence a written notice under this section.
(3) The notice must-- (a)
state details of the work or program carried out or proposed to be carried
out, and
(b) state the amount of the financial assurance to be claimed or
realised, and
(c) invite the person to make representations to the
appropriate regulatory authority to show why the financial assurance should
not be claimed or realised as proposed, and
(d) state the period (at least 30
days after the notice is given to the person) within which representations may
be made.
(4) The representations must be made in writing.
(5) After the end
of the period stated in the notice, the appropriate regulatory authority must
consider any representations properly made by the person.
(6) If the
appropriate regulatory authority decides to make a claim on or realise the
financial assurance or part of it, the appropriate regulatory authority must
immediately give written notice to the holder or former holder of the licence
of its decision and the reasons for the decision.
(7) The appropriate
regulatory authority must return any excess amounts to the holder or former
holder of the licence or that person's successors.
(8) If the amount of
financial assurance claimed or realised by the appropriate regulatory
authority is not sufficient to cover all the costs and expenses concerned,
that authority may recover the excess from the holder or former holder of the
licence as a debt in any court of competent jurisdiction.
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