VICIn ForceAct
Environment Protection Act 2017
231DAuthority may refuse to release financial assurance—site management order
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231D Authority may refuse to release financial assurance—site management order
The Authority may refuse to release all or part of a financial assurance to the person who provided it despite the occurrence of a trigger event described in section 231A(1)(b) if—
(a) the reason a site management order no longer applies to the person is that—
(i) the land to which the site management order relates is owned, occupied, managed or controlled by a company that has gone into liquidation and the liquidator has disclaimed the company's interest in the land in accordance with the Corporations Act; or
(iii) the land to which the site management order relates is transferred or sold; or
(iv) the person is an occupier but not an owner of the land to which the site management order relates and the person sells, transfers or abandons their interest in the land or otherwise ceases to occupy the land; and
(i) is satisfied, having regard to the considerations specified in section 231G, that it is necessary to retain the financial assurance as security for the costs or expenses of remediation or clean up where there is a significant risk these costs or expenses may be borne by the State or the Authority; or
S. 231E inserted by No. 35/2023 s. 32.