VICIn ForceAct
Environment Protection Act 2017
231FAuthority may refuse to release financial assurance—Order relating to environmentally hazardous substances
Start here
Get a plain-English read of 231F
Turn the raw legal text into a practical explanation grounded in Environment Protection Act 2017.
231F Authority may refuse to release financial assurance—Order relating to environmentally hazardous substances
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)(d) if the Authority—
(a) 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, because—
(i) the risk of contamination of land, personal property, waters or premises from the environmentally hazardous substance that is the subject of the Order remains; or
(ii) a clean up is likely to be required due to the impact of the environmentally hazardous substance that is the subject of the Order on land, personal property, waters or premises; or
(b) is entitled to make a claim on the financial assurance under section 227(2).
S. 231G inserted by No. 35/2023 s. 32.