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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 759
Claiming on or realising financial assurance started before the commencement
759 Claiming on or realising financial assurance started before the
commencement
(1) This section applies if— (a) before the commencement, the administering
authority gave a written notice under the pre-amended Act, section 299 to an
entity who gave a financial assurance; and
(b) on the commencement, the
administering authority has not decided whether to make a claim on or realise
the financial assurance under the pre-amended Act, section 301.
(2) If the
financial assurance was given for an environmental authority for a prescribed
ERA, the pre-amended Act, chapter 5, part 12, division 2, subdivision 3
continues to apply in relation to the financial assurance, as if the
amending Act had not commenced.
(3) If the financial assurance was given for
a small scale mining activity or an environmental authority for a resource
activity, the amended Act, chapter 5, part 14, division 3 applies in relation
to the financial assurance as if— (a) the notice were a notice given under
section 316E; and
(b) a written representation about the notice given by the
entity before the commencement were a representation given under section 316E;
and
(c) the financial assurance were a scheme assurance.
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