Environmental Management and Pollution Control Act 1994
36Claim on financial assurance
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36 Claim on financial assurance
(1) Where a person fails to satisfy the conditions of discharge or repayment of a bond or pecuniary sum lodged with the Board, the Board may do all or any of the following:
(a) determine that the whole or part of the amount of the bond or pecuniary sum is forfeited to the Fund;
(b) apply from the Fund any money so forfeited in payment for or towards the costs, expenses, loss or damage incurred or suffered by the Crown, a public authority or other person as a result of the failure by the person;
(c) in the case of a pecuniary sum, on the expiry or termination of the authorization and when satisfied that there is no reasonable likelihood of any or further valid claims in respect of costs, expenses, loss or damage incurred or suffered as a result of the failure of the person, repay any amount of the pecuniary sum that has not been repaid or forfeited to the Fund.
(2) If a person who fails to satisfy the conditions of discharge or repayment of a bond or pecuniary sum lodged with the Board is aggrieved by any action taken by the Board under subsection (1) , that person may appeal to the Appeal Tribunal against that action.