65Financial assurance condition—notice before claim or

65 Financial assurance condition—notice before claim or realisation (1) Before acting under section 64, the director-general must give the permit-holder, a written notice stating— (a) the serious or material damage caused by the use of the public (b) details of the action taken, or to be taken, to repair the damage; and (c) the amount of the financial assurance to be claimed or realised; and (d) that the permit-holder may give a written submission to the director-general showing cause why the financial assurance should not be claimed or realised as proposed; and

(e) that a submission may be given to the director-general only during the 20 working days (the show cause period) after the date of the notice. (2) The director-general must, within 20 working days after the end of the show cause period— (a) consider any submission received under subsection (1) (d); and (b) decide whether to make a claim on or realise the financial assurance; and (c) tell the permit-holder about the decision.