VICIn ForceAct
Environment Protection Act 2017
231IReview of refusal to release financial assurance—date for commencing review
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231I Review of refusal to release financial assurance—date for commencing review
(1) If the Authority refuses to release all or part of a financial assurance under any of the following sections, the Authority must determine a date by which the Authority will commence a review of that refusal—
(a) section 231C;
(b) section 231D;
(c) section 231E;
(d) section 231F;
(e) section 231L;
(f) section 232(4)(a), if the refusal relates to an application that was made after a trigger event and that was assessed under section 232(2A) or (2B).
(2) The refusal review date must be—
(a) a date agreed by the parties; or
(b) if the parties have not agreed on a date, a date no later than 5 years after the day on which the Authority refuses to release all or part of the financial assurance under section 231C, 231D, 231E, 231F, 231L or 232(4)(a).
(3) In addition to any review scheduled under this section, the Authority may review the refusal to release the financial assurance in accordance with sections 231J, 231K and 231L if—
(a) information is given to the Authority that indicates there has been a material change since the Authority refused to release all or part of the financial assurance; and
(b) the Authority considers there is a reasonable likelihood that the new information could change the Authority's assessment as to whether or not to release the financial assurance.
S. 231J inserted by No. 35/2023 s. 32, amended by No. 14/2025 s. 34 (ILA s. 39B(1)).