234AClaim on mining security

234A Claim on mining security (1) For section 132E(2) of the Act, if the Minister or the CEO intends to make a claim on a mining security, the Minister or CEO must give the mining operator a written notice including: (a) the reason for making the claim; and (b) the amount of the security that is to be claimed.

Environment Protection Regulations 2020 120 (2) The mining operator may make submissions to the Minister or the CEO, as the case requires, in relation to the matters in the notice within the period specified in the notice. (3) The submission period must be not less than 10 business days (4) The Minister or the CEO may make a claim on the mining security if the Minister or CEO has: (a) given the mining operator a notice under sub regulation (1); and (b) considered any submission made by the mining operator within the submission period under subsection (2); and (c) notified the mining operator of the decision to make a claim on the security. (5) If the amount of the mining security is less than the reasonable costs and expenses incurred by the Minister or the CEO to which the claim applies, the recovery of an amount of mining security does not prevent the Minister or CEO from recovering the remaining costs and expenses from the mining operator.