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Lake Macquarie Smelter Site (Perpetual Care of Land) Act 2019
10Containment Cell Perpetual Care Fund
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#### 10 Containment Cell Perpetual Care Fund
10 Containment Cell Perpetual Care Fund
> > (1) There is to be established in the Special Deposits Account a Containment Cell Perpetual Care Fund (the Fund).
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> > (2) The Fund is to be administered by the Fund Administrator, being—
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> > > (a) the Development Corporation, or
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> > > (b) if the regulations prescribe another owner as the Fund Administrator, that owner.
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> > (3) The following are to be paid into the Fund—
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> > > (a) the proceeds of the sale by an owner of any part of the former smelter site (less any amount that the owner would be entitled to be paid from the Fund under subsection (4)(a) or (b)),
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> > > (b) any money received by an owner for the grant of an interest or other right in relation to the former smelter site,
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> > > (c) any money paid to the Crown or a government agency as a result of legal proceedings (including damages or compensation or an amount paid in settlement of a claim) for obligations in relation to the former smelter site (less any relevant legal costs),
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> > > (d) any money appropriated by Parliament for the purposes of the Fund,
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> > > (e) the proceeds of the investment of money in the Fund,
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> > > (f) any money required or authorised to be paid into the Fund by or under this or any other Act.
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> > (4) The following are to be paid from the Fund—
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> > > (a) all amounts required to meet expenditure incurred by an owner in exercising its functions under this Act,
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> > > (b) any compensation payable as a consequence of the vesting of the former smelter site under Part 2,
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> > > (c) expenses incurred in administering the Fund,
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> > > (d) all other payments required by or under this or any other Act to be paid from the Fund.
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> > (5) The Fund Administrator may invest money in the Fund—
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> > > (a) if the Fund Administrator is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Fund Administrator is permitted to invest money under that Part, or
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> > > (b) if the Fund Administrator is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way approved by the Minister with the concurrence of the Treasurer.