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Environment Protection Act 2017
226Authority may amend financial assurance
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226 Authority may amend financial assurance
(1) Subject to subsection (2), the Authority may amend the following—
(a) the form of a financial assurance;
(b) the amount of a financial assurance;
(c) the form and the amount of a financial assurance.
(2) If following a review, the Authority proposes to amend a financial assurance, the Authority must—
(a) notify the person who provided the financial assurance in writing; and
(b) invite the person who provided the financial assurance to make a submission on the proposed amendment, within 20 business days after the date of notice; and
(c) consider any submissions from the person who provided the financial assurance.
(3) If the Authority decides to amend a financial assurance, the Authority must notify the person in writing of the decision.
(4) On amending a financial assurance, the Authority—
(a) may make any changes the Authority considers necessary to implement that amendment in an instrument or document; and
(b) despite anything to the contrary in this Act or the regulations, may make any changes the Authority considers necessary to implement the amendment in a permission, site management order or an environmental action notice by complying only with this section.
(5) If a person is given notice under subsection (3) and is required to provide a further form, amount or form and amount of a financial assurance, the person must provide the further requirement within a period, not less than 30 business days, to be specified by the Authority.
S. 227 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).