353KClaim on financial assurance

#### 353K Claim on financial assurance 353K Claim on financial assurance > > (1) If the Regulator is satisfied on reasonable grounds that an offender has failed to carry out or complete the project or activity ordered by the court, the Regulator may— > > > > > (a) carry out or complete the project or activity, including by having a third party carry out or complete the project or activity, and > > > > > (b) make a claim on or realise the financial assurance. > > > (2) Before making a claim on or realising the financial assurance, the Regulator must give the offender written notice that includes details of the following— > > > > > (a) the project or activity the offender was ordered to carry out, > > > > > (b) the grounds on which the Regulator is satisfied the offender has failed to carry out or complete the project or activity, > > > > > (c) the amount to be claimed or realised from the financial assurance, > > > > > (d) an opportunity for the offender to make submissions about why the Regulator should not make a claim on or realise the financial assurance, > > > > > (e) the date, not less than 28 days after the date of the notice, by which the offender may make a submission about the Regulator’s intention to make a claim on or realise the financial assurance. > > > (3) If, after considering a submission made in accordance with subsection (2), the Regulator decides to make a claim on or realise the financial assurance, the Regulator must give the offender written notice that specifies— > > > > > (a) the decision, and > > > > > (b) the amount of the financial assurance to be claimed. > > > (4) If the amount of the financial assurance is insufficient to cover the Regulator’s reasonable costs and expenses in carrying out or completing the project or activity, the Regulator may recover the outstanding amount from the offender as a debt in a court of competent jurisdiction. > > **s 353K:** Ins 2025 No 70, Sch 3\[121\].