32Minister may enforce compliance obligations under default financial arrangements

32 Minister may enforce compliance obligations under default financial arrangements

32 Minister may enforce compliance obligations under default financial arrangements

(1) This section applies if—

(a) the default financial arrangement is in effect for the purposes of the security condition of a permit, and

(b) the Minister becomes aware the permit holder has not met the permit holder’s compliance obligations.

(2) The Minister may, by written notice served on the permit holder (a performance notice), require the permit holder to perform the compliance obligations.

(3) The performance notice must state the period (the compliance period), of not less than 14 days from the day the notice is served on the permit holder, within which the permit holder must perform the compliance obligations.

(4) The Minister may withdraw from the aquaculture lease annual default arrangement payment security trust account an amount equal to the recoverable costs relating to the permit holder’s failure to perform the compliance obligation if—

(a) the permit holder fails to perform the obligation within the compliance period, and

(b) the Minister certifies in writing that all reasonably practicable steps have been taken to recover the recoverable costs from the permit holder.

(5) Subsection (4) applies even if—

(a) any proceedings brought under the Act to recover the recoverable costs as a debt have been unsuccessful, and

(b) the person who failed to perform the compliance obligation is no longer a permit holder.