35Financial assurance to secure compliance with Act

35 Financial assurance to secure compliance with Act

(1)  [Section 35 Subsection (1) amended by No. 45 of 2012, s. 17, Applied:06 Dec 2012] [Section 35 Subsection (1) amended by No. 56 of 2000, s. 17, Applied:14 Jul 2000] Subject to this section, the Board may by notice in writing served on the person responsible for an environmentally relevant activity, or a site in respect of which a notice issued under Part 5A has been issued, require that person to lodge with the Board a financial assurance in the form of a bond (supported by a guarantee, insurance policy or other security approved by the Board), or a specified pecuniary sum, the discharge or repayment of which is conditional on that person–

(a) not committing any contravention of this Act of a specified kind during a specified period; or

(b) [Section 35 Subsection (1) amended by No. 45 of 2007, s. 13, Applied:29 Nov 2007] taking specified action within a specified period to achieve compliance with this Act; or

(c) [Section 35 Subsection (1) amended by No. 45 of 2007, s. 13, Applied:29 Nov 2007] complying with any conditions or restrictions requiring the person to take action for the purposes of remediation, site clean-up, site decommissioning or infrastructure decommissioning and which –

(i) have been required by the Board under section 25 to be contained in a permit or under section 27 to be contained in an environment protection notice; or

(ii) [Section 35 Subsection (1) amended by No. 45 of 2012, s. 17, Applied:06 Dec 2012] are contained in an environment protection notice issued and served by the Director under section 44 ; or

(d) [Section 35 Subsection (1) amended by No. 45 of 2012, s. 17, Applied:06 Dec 2012] in the case of a notice issued under Part 5A , complying with any requirements specified in the notice; or