Victorian Numbered Acts

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MARINE AND COASTAL ACT 2018 (NO. 26 OF 2018) - SECT 71


    (1)     The Minister, in giving a consent under section 70, may impose a condition on the consent requiring the person to provide a bond as security for the carrying out of the use, development or works.

    (2)     The Minister may impose the condition by directing the person—

        (a)     to deposit with the Secretary a sum of money fixed by the Minister; and

        (b)     to deposit that sum within a period of time determined by the Secretary; and

        (c)     to give an undertaking to pay that sum with security in a form determined by or in accordance with the consent.

    (3)     The condition may provide that the whole or part of the sum is forfeited if there is any failure by the person to carry out a use, development or works in accordance with the consent or conditions of the consent to the satisfaction of the Secretary.

    (4)     The Secretary must apply any forfeited sum for the purposes of rehabilitating, rectifying or reinstating the land.

    (5)     Any money paid must be returned to the person on a date specified in the consent to the extent that the money has not been forfeited.

    (6)     If any money paid by the person is paid into the Consolidated Fund, and that money is returned to the person under this section, the Consolidated Fund is appropriated to the necessary extent to enable the return of that money.

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