South Australian Numbered Regulations

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FORESTRY REGULATIONS 2013 (NO 48 OF 2013) - REG 28

28—Payment of bond etc

        (1)         Subject to this regulation, the Corporation may, by condition of a permit, require a person to whom a permit applies to lodge with the Corporation a financial assurance in the form of a bond (supported by security approved by the Corporation) or a specified pecuniary sum, the discharge or repayment of which is conditional on compliance with the conditions of the permit.

        (2)         The amount of the bond or pecuniary sum required must not exceed the amount that in the opinion of the Corporation is the likely cost of taking action to rectify any damage or detriment to the forest reserve or the operation of the forest reserve that might result from a failure to comply with the conditions of the permit.

        (3)         The Corporation may not require the lodgement of a bond or pecuniary sum unless satisfied that such a condition is justified in view of the risk of rectification being required if conditions of the permit are not complied with.

        (4)         After the expiry or revocation of a permit, the Corporation must, if the conditions of the permit have been complied with—

            (a)         discharge any bond lodged pursuant to the permit; or

            (b)         on application by a person who lodged a pecuniary sum pursuant to the permit, repay that sum together with any interest that has accrued on that sum.

        (5)         If the conditions of a permit are not complied with, the Corporation may, where a bond or pecuniary sum has been lodged with the Corporation pursuant to the permit—

            (a)         determine that the whole or part of the amount of the bond or pecuniary sum (and interest, if any) is forfeited to the Corporation; and

            (b)         apply any money so forfeited in payment for or towards the costs, expenses, loss or damage incurred by the Corporation as a result of the failure to comply with the permit conditions; and

            (c)         in the case of a pecuniary sum, repay on application by the person by whom the sum was lodged any portion of the sum (or interest) that remains.



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