88Claim on or realisation of financial assurance

88 Claim on or realisation of financial assurance (1) This section applies if the authority incurs, or will incur, costs and expenses in taking action to remedy serious or material environmental harm— (a) that was caused, or likely to be caused, by an authorised activity in relation to which a financial assurance has been provided; and (b) that is within the class of harm in relation to which the financial assurance may be claimed or realised; and (c) that was not permitted by or under this Act. (2) The authority may recover the reasonable costs and expenses of taking the action by making a claim on or realising the financial assurance or part of it.