Australian Capital Territory Current Acts

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PUBLIC UNLEASED LAND ACT 2013 - SECT 66

Financial assurance condition—recovery of extra costs

    (1)     This section applies if—

        (a)     the director-general makes a claim on or realises a financial assurance under a public unleased land permit; and

        (b)     the amount recovered by the director-general (the realised assurance ) is less than the reasonable expenses that the director-general incurred, or will incur, in repairing the damage.

    (2)     The director-general may give the permit-holder written notice—

        (a)     requiring the permit-holder to pay the stated amount, being the difference between the reasonable expenses and the realised assurance; and

        (b)     stating when (the due date ) the stated amount is required to be paid.

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

    (3)     The director-general must not decide a due date that is earlier than 20 working days after the date of the notice.

    (4)     If the permit-holder does not pay the stated amount on or before the due date, the amount that remains unpaid, together with interest on the unpaid amount, is a debt due to the Territory by the permit-holder.

Note 1     A rate of interest may be determined under s 130 for this provision.

Note 2     An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act

, s 177).



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