Victorian Current Acts

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ENVIRONMENT PROTECTION ACT 2017 - SECT 226

Authority may amend financial assurance

    (1)     Subject to subsection (2), the Authority may amend the following—

        (a)     the form of a financial assurance;

        (b)     the amount of a financial assurance;

        (c)     the form and the amount of a financial assurance.

    (2)     If following a review, the Authority proposes to amend a financial assurance, the Authority must—

        (a)     notify the person who provided the financial assurance in writing; and

        (b)     invite the person who provided the financial assurance to make a submission on the proposed amendment, within 20 business days after the date of notice; and

        (c)     consider any submissions from the person who provided the financial assurance.

    (3)     If the Authority decides to amend a financial assurance, the Authority must notify the person in writing of the decision.

    (4)     On amending a financial assurance, the Authority

        (a)     may make any changes the Authority considers necessary to implement that amendment in an instrument or document; and

        (b)     despite anything to the contrary in this Act or the regulations, may make any changes the Authority considers necessary to implement the amendment in a permission, site management order or an environmental action notice by complying only with this section.

    (5)     If a person is given notice under subsection (3) and is required to provide a further form, amount or form and amount of a financial assurance, the person must provide the further requirement within a period, not less than 30 business days, to be specified by the Authority.

S. 227 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 1230, 3/2020 ss 4244, 47/2020 s. 26).



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