sec.759Claiming on or realising financial assurance started before the commencement

### sec.759 Claiming on or realising financial assurance started before the commencement This section applies if— before the commencement, the administering authority gave a written notice under the pre-amended Act, section 299 to an entity who gave a financial assurance; and on the commencement, the administering authority has not decided whether to make a claim on or realise the financial assurance under the pre-amended Act, section 301. If the financial assurance was given for an environmental authority for a prescribed ERA, the pre-amended Act, chapter 5, part 12, division 2, subdivision 3 continues to apply in relation to the financial assurance, as if the amending Act had not commenced. If the financial assurance was given for a small scale mining activity or an environmental authority for a resource activity, the amended Act, chapter 5, part 14, division 3 applies in relation to the financial assurance as if— the notice were a notice given under section 316E; and a written representation about the notice given by the entity before the commencement were a representation given under section 316E; and the financial assurance were a scheme assurance. s 759 ins 2018 No 30 s 203 (sec.759-ssec.1) This section applies if— before the commencement, the administering authority gave a written notice under the pre-amended Act, section 299 to an entity who gave a financial assurance; and on the commencement, the administering authority has not decided whether to make a claim on or realise the financial assurance under the pre-amended Act, section 301. (sec.759-ssec.2) If the financial assurance was given for an environmental authority for a prescribed ERA, the pre-amended Act, chapter 5, part 12, division 2, subdivision 3 continues to apply in relation to the financial assurance, as if the amending Act had not commenced. (sec.759-ssec.3) If the financial assurance was given for a small scale mining activity or an environmental authority for a resource activity, the amended Act, chapter 5, part 14, division 3 applies in relation to the financial assurance as if— the notice were a notice given under section 316E; and a written representation about the notice given by the entity before the commencement were a representation given under section 316E; and the financial assurance were a scheme assurance. - (a) before the commencement, the administering authority gave a written notice under the pre-amended Act, section 299 to an entity who gave a financial assurance; and - (b) on the commencement, the administering authority has not decided whether to make a claim on or realise the financial assurance under the pre-amended Act, section 301. - (a) the notice were a notice given under section 316E; and - (b) a written representation about the notice given by the entity before the commencement were a representation given under section 316E; and - (c) the financial assurance were a scheme assurance.