sec.61EProvision of security

### sec.61E Provision of security A permit must not be granted until the applicant deposits the security (if any) determined by the chief executive to ensure compliance with the permit and this Act. The security must cover any damage to land or improvements that may be caused by a person acting under the authority of the permit. The owner of land may apply in writing to the chief executive to rectify the damage mentioned in subsection (2) that has been caused by activity allegedly authorised under a permit in respect of the land. If the chief executive is satisfied (whether or not on an application referred to in subsection (3) ) that damage mentioned in subsection (2) has been caused by a person purporting to act under the authority of a permit, the chief executive must require the person to take all action necessary to rectify the damage. The chief executive may, at any time (whether during or after the term of a permit and whether or not the chief executive cancels the permit), use the whole or part of the amount of the security deposited in respect of the permit— to rectify any damage mentioned in subsection (4) ; or towards payment of amounts (including penalties) owing to the Crown under this Act or for a breach of any of the conditions of the permit or of this Act. If, at any time (whether during or within 28 days after the term of a permit)— the amount or part of the amount deposited under this section is used as provided by subsection (5) ; or the chief executive considers that, because of the damage caused or likely to be caused by a person purporting to act under the authority of the permit or for any other reason, a further amount of security should be deposited in respect of the permit; the chief executive must, by written notice, require the holder or former holder of the permit to deposit the further security within the time specified in the notice. The chief executive may accept a bond or guarantee by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the chief executive, or another form of security acceptable to the chief executive, as the whole or part of the security to be deposited under this section. It is a condition of a permit that the holder must deposit security or further security from time to time in accordance with requirements made under this section. Subject to subsection (5) , if a permit has ended or been terminated, the chief executive must refund to the holder of the permit (or as the holder in writing directs) any security deposited, and not used as provided by subsection (5) , less any amount determined by the chief executive to be used after— the receipt by the chief executive of written agreement by the owners of all occupied land so specified; or the expiration of 28 days from the date of expiration or termination of the permit, whichever first occurs. For the purposes of subsection (9) (a) , if more than 1 person is the owner of a parcel of land, the agreement of 1 such person is, in the absence of evidence to the contrary, taken to be the agreement of those persons. If the chief executive accepts a bond or guarantee by, or another financial arrangement with, a financial institution, insurance company or another credit provider as security under this section, an amount payable to the holder under subsection (9) is to be refunded to the financial institution, insurance company or credit provider and not to the holder of the permit to which the security relates. In this section— credit provider see the National Credit Code. s 61E ins 1991 No. 83 s 98 amd 1992 No. 15 s 13 sch ; 1997 No. 17 s 74 sch ; 2000 No. 26 s 12 sch 1 ; 2010 No. 16 s 35 sch (sec.61E-ssec.1) A permit must not be granted until the applicant deposits the security (if any) determined by the chief executive to ensure compliance with the permit and this Act. (sec.61E-ssec.2) The security must cover any damage to land or improvements that may be caused by a person acting under the authority of the permit. (sec.61E-ssec.3) The owner of land may apply in writing to the chief executive to rectify the damage mentioned in subsection (2) that has been caused by activity allegedly authorised under a permit in respect of the land. (sec.61E-ssec.4) If the chief executive is satisfied (whether or not on an application referred to in subsection (3) ) that damage mentioned in subsection (2) has been caused by a person purporting to act under the authority of a permit, the chief executive must require the person to take all action necessary to rectify the damage. (sec.61E-ssec.5) The chief executive may, at any time (whether during or after the term of a permit and whether or not the chief executive cancels the permit), use the whole or part of the amount of the security deposited in respect of the permit— to rectify any damage mentioned in subsection (4) ; or towards payment of amounts (including penalties) owing to the Crown under this Act or for a breach of any of the conditions of the permit or of this Act. (sec.61E-ssec.6) If, at any time (whether during or within 28 days after the term of a permit)— the amount or part of the amount deposited under this section is used as provided by subsection (5) ; or the chief executive considers that, because of the damage caused or likely to be caused by a person purporting to act under the authority of the permit or for any other reason, a further amount of security should be deposited in respect of the permit; the chief executive must, by written notice, require the holder or former holder of the permit to deposit the further security within the time specified in the notice. (sec.61E-ssec.7) The chief executive may accept a bond or guarantee by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the chief executive, or another form of security acceptable to the chief executive, as the whole or part of the security to be deposited under this section. (sec.61E-ssec.8) It is a condition of a permit that the holder must deposit security or further security from time to time in accordance with requirements made under this section. (sec.61E-ssec.9) Subject to subsection (5) , if a permit has ended or been terminated, the chief executive must refund to the holder of the permit (or as the holder in writing directs) any security deposited, and not used as provided by subsection (5) , less any amount determined by the chief executive to be used after— the receipt by the chief executive of written agreement by the owners of all occupied land so specified; or the expiration of 28 days from the date of expiration or termination of the permit, whichever first occurs. (sec.61E-ssec.10) For the purposes of subsection (9) (a) , if more than 1 person is the owner of a parcel of land, the agreement of 1 such person is, in the absence of evidence to the contrary, taken to be the agreement of those persons. (sec.61E-ssec.11) If the chief executive accepts a bond or guarantee by, or another financial arrangement with, a financial institution, insurance company or another credit provider as security under this section, an amount payable to the holder under subsection (9) is to be refunded to the financial institution, insurance company or credit provider and not to the holder of the permit to which the security relates. (sec.61E-ssec.12) In this section— credit provider see the National Credit Code. - (a) to rectify any damage mentioned in subsection (4) ; or - (b) towards payment of amounts (including penalties) owing to the Crown under this Act or for a breach of any of the conditions of the permit or of this Act. - (a) the amount or part of the amount deposited under this section is used as provided by subsection (5) ; or - (b) the chief executive considers that, because of the damage caused or likely to be caused by a person purporting to act under the authority of the permit or for any other reason, a further amount of security should be deposited in respect of the permit; - (a) the receipt by the chief executive of written agreement by the owners of all occupied land so specified; or - (b) the expiration of 28 days from the date of expiration or termination of the permit, whichever first occurs.