QLDIn ForceAct
Environmental Protection Act 1994
sec.633Effect of financial assurance on the security
Start here
Get a plain-English read of sec.633
Turn the raw legal text into a practical explanation grounded in Environmental Protection Act 1994.
### sec.633 Effect of financial assurance on the security
A condition about financial assurance imposed under this part only affects a security to the extent provided under this part.
Without limiting subsection (1), section 632 does not affect or change—
the security mentioned in section 632(1) as a security under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or
the matters for which the security was given under that Act; or
the enforcement of the security under that Act.
Section 632, or any thing done under it, does not—
discharge a security; or
discharge or release a surety or other obligee, wholly or partly, from an obligation; or
fulfil a condition allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation.
If the advice or consent of, or giving notice to, a person would be necessary to give effect to the giving of the financial assurance—
the advice is taken to have been obtained; and
the consent or notice is taken to have been given.
s 633 ins 2004 No. 26 s 270
(sec.633-ssec.1) A condition about financial assurance imposed under this part only affects a security to the extent provided under this part.
(sec.633-ssec.2) Without limiting subsection (1), section 632 does not affect or change— the security mentioned in section 632(1) as a security under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or the matters for which the security was given under that Act; or the enforcement of the security under that Act.
(sec.633-ssec.3) Section 632, or any thing done under it, does not— discharge a security; or discharge or release a surety or other obligee, wholly or partly, from an obligation; or fulfil a condition allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation.
(sec.633-ssec.4) If the advice or consent of, or giving notice to, a person would be necessary to give effect to the giving of the financial assurance— the advice is taken to have been obtained; and the consent or notice is taken to have been given.
- (a) the security mentioned in section 632(1) as a security under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or
- (b) the matters for which the security was given under that Act; or
- (c) the enforcement of the security under that Act.
- (a) discharge a security; or
- (b) discharge or release a surety or other obligee, wholly or partly, from an obligation; or
- (c) fulfil a condition allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation.
- (a) the advice is taken to have been obtained; and
- (b) the consent or notice is taken to have been given.