sec.272Criteria for decision to make residual risks requirement

### sec.272 Criteria for decision to make residual risks requirement The administering authority may make a residual risks requirement for the surrender application only if it is satisfied the requirement is justified having regard to— the degree of risk of environmental harm likely to happen if the land the subject of the application is managed under the relevant requirements of this Act and instruments made under it; and the likelihood of action being needed to— reinstate rehabilitation that fails to establish a safe, stable and self-sustaining ecosystem; or maintain environmental management processes needed to protect the environment; or plugging a GHG well that is found to be leaking GHG into an overlying aquifer restore the environment because of environmental harm resulting from relevant resource activities for the environmental authority; and pumping contaminated water to the surface for treatment the cost of likely action in comparison with the cost of best practice environmental management of the similar use of land that has not previously been affected by the activities. s 272 ins 2000 No. 64 s 6 sub 2012 No. 16 ss 7 – 8 amd 2020 No. 26 s 118 sch 1 - (a) the degree of risk of environmental harm likely to happen if the land the subject of the application is managed under the relevant requirements of this Act and instruments made under it; and - (b) the likelihood of action being needed to— (i) reinstate rehabilitation that fails to establish a safe, stable and self-sustaining ecosystem; or (ii) maintain environmental management processes needed to protect the environment; or Example of an action for subparagraph (ii) — plugging a GHG well that is found to be leaking GHG into an overlying aquifer (iii) restore the environment because of environmental harm resulting from relevant resource activities for the environmental authority; and Example of an action for subparagraph (iii) — pumping contaminated water to the surface for treatment - (i) reinstate rehabilitation that fails to establish a safe, stable and self-sustaining ecosystem; or - (ii) maintain environmental management processes needed to protect the environment; or Example of an action for subparagraph (ii) — plugging a GHG well that is found to be leaking GHG into an overlying aquifer - (iii) restore the environment because of environmental harm resulting from relevant resource activities for the environmental authority; and Example of an action for subparagraph (iii) — pumping contaminated water to the surface for treatment - (c) the cost of likely action in comparison with the cost of best practice environmental management of the similar use of land that has not previously been affected by the activities. - (i) reinstate rehabilitation that fails to establish a safe, stable and self-sustaining ecosystem; or - (ii) maintain environmental management processes needed to protect the environment; or Example of an action for subparagraph (ii) — plugging a GHG well that is found to be leaking GHG into an overlying aquifer - (iii) restore the environment because of environmental harm resulting from relevant resource activities for the environmental authority; and Example of an action for subparagraph (iii) — pumping contaminated water to the surface for treatment