103Claims against financial assurances

103 Claims against financial assurances (1) The NT EPA or a person authorised by the NT EPA may take action necessary to prevent, minimise or make good environmental damage that results from or may result from a contravention of or a failure to comply with an environment protection approval or a licence, where it is a condition of the approval or licence that a financial assurance is to be provided. (2) The cost of performing an action under subsection (1) may be recovered by the NT EPA by making a claim on, utilising or realising the financial assurance in relation to the environment protection approval or the licence. (3) Costs may be recovered in accordance with subsection (2) even though the costs, or part of the costs, can be attributed to actions taken, or a failure to take action, at a time before the financial assurance was provided to the NT EPA. (4) Where the NT EPA intends to claim, utilise or realise the financial assurance, the NT EPA must notify in writing the person required to hold the assurance of: (a) the reason for claiming, utilising or realising the financial assurance; (b) the actions proposed to be taken under subsection (1); and (c) the amount of the financial assurance that is to be claimed, utilised or realised. (5) The holder of an environment protection approval or a licence in relation to which notice is given under subsection (4) may, within 30 days after the notice is given, make representations to the NT EPA in relation to the notice.

Waste Management and Pollution Control Act 1998 70 (6) The NT EPA may claim, utilise or realise a financial assurance if it has: (a) notified under subsection (4) the person required to hold the assurance; (b) considered the submission, if any, made under subsection (5) by the person; and (c) notified the person of his or her decision to claim, utilise or realise the financial assurance. (7) Where the amount recovered by the NT EPA by a claim on or by utilising or realising a financial assurance is less than the reasonable costs and expenses that are incurred by the NT EPA or on the NT EPA's behalf, the NT EPA may by notice in writing require the person required to provide the assurance to pay the amount specified in the notice by the time specified in the notice. (8) The amount specified under subsection (7) is to be the difference between the costs and expenses claimed, utilised or realised under the financial assurance and the reasonable costs and expenses that are incurred in performing the action under subsection (1) to which the claim relates. (9) Where the NT EPA has notified a person under subsection (7), the amount specified in the notice is a debt due to the Territory and payable by the date specified in the notice. (10) A person authorised in writing by the NT EPA to carry out an action for the purposes of subsection (1) in premises or on land on behalf of the NT EPA may enter the premises (unless they are residential premises) or land and carry out the action.