VICIn ForceAct
Environment Protection Act 2017
231EAuthority may refuse to release financial assurance—environmental action notice
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231E Authority may refuse to release financial assurance—environmental action notice
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)(c) if—
(a) the reason an environmental action notice no longer applies to the person is that—
(i) the land or premises to which that notice relates are 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 or premises in accordance with the Corporations Act; or
(iii) the land or premises to which the environmental action notice relates are transferred or sold; or
(iv) the person is an occupier but not an owner of the land or premises to which the environmental action notice relates and the person sells, transfers or abandons their interest in the property or otherwise ceases to occupy the property; 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. 231F inserted by No. 35/2023 s. 32.