ACTIn ForceAct
Environment Protection Act 1997
90Recovery of extra costs
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90 Recovery of extra costs
(1) If the amount recovered by the authority by a claim on or by realising
a financial assurance (the realised assurance) is less than the
reasonable costs and expenses that the authority incurred or will incur
in taking action to remedy the environmental harm caused, or likely
to be caused, by the authorised activity (the reasonable costs and
expenses), the authority may give the holder of the environmental
authorisation written notice requiring the holder to pay the specified
amount, being the difference between the reasonable costs and
expenses and the realised assurance.
(2) The notice must specify the date, not earlier than 20 working days
after the date of the notice, on or before which the specified amount
is required to be paid.
(3) If—
(a) the authority has given a person a notice under subsection (1);
and
(b) the holder of the environmental authorisation has failed to pay
the specified amount on or before the specified date;
so much of the specified amount as remains unpaid, together with
interest on the unpaid amount, is a debt due to the Territory by the
holder.