NSWIn ForceAct
Contaminated Land Management Act 1997
42DAmount of financial assurance
Start here
Get a plain-English read of 42D
Turn the raw legal text into a practical explanation grounded in Contaminated Land Management Act 1997.
#### 42D Amount of financial assurance
42D Amount of financial assurance
> > (1) The amount of a financial assurance is to be as determined by the EPA.
>
> > (2) However, the EPA must not require a financial assurance of an amount that exceeds the total cost of carrying out the action.
>
> > (2A) For the purposes of subsection (2), the total cost is the amount that, in the EPA’s opinion, represents a reasonable estimate of the total likely costs and expenses that may be incurred in carrying out the action, including the likely costs and expenses of the EPA in directing and supervising the carrying out of the action.
>
> > (3) The EPA may require the person who is required to provide a financial assurance to provide to the EPA an independent assessment of the cost of the relevant action for which the assurance is required.
>
> **s 42D:** Ins 2014 No 65, Sch 1.1 \[4\]. Am 2022 No 3, Sch 1\[12\].