ACTIn ForceAct
Environment Protection Act 1997
91Money held by Territory as financial assurance
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91 Money held by Territory as financial assurance
If an amount of money is held by the Territory as a financial
assurance or part of a financial assurance, the following provisions
apply:
(a) interest accrues on so much of that original amount as from time
to time remains unclaimed by the authority under section 89;
(b) for the purposes of any claim the authority may make under
section 89, the financial assurance is taken to include any
accrued interest other than interest to which the holder of the
authorisation is entitled to be paid under paragraph (c);
(c) during the period the financial assurance is required, on each
anniversary of the payment of the original amount, the holder of
the authorisation is entitled to be paid by the Territory so much
of the interest that accrued during the year that ended on the day
before that anniversary as remains unclaimed by the authority
under section 89;
(d) when—
(i) the financial assurance is no longer required by the
authority; or
(ii) the environmental authorisation is cancelled under
section 55 or section 63 or is surrendered under section 66;
so much of the original amount and accrued interest as remains
unclaimed by the authority under section 89 must be paid by the
Territory to the holder of the authorisation.
Note A rate of interest may be determined under s 165 for par (a).