Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if the administering authority incurs, or might reasonably incur, costs or expenses in taking action to—
(a) prevent or minimise environmental harm or rehabilitate or restore the environment, in relation to the carrying out of an activity under an environmental authority, a transitional environmental program approval or a development approval for which financial assurance has been given; or
(b) carry out work to remediate land managed under a site management plan approval for which financial assurance has been given; or
(c) secure compliance with an environmental authority, transitional environmental program, site management plan, development approval or any conditions of the authority, program, plan or approval, for which financial assurance has been given.
(2) The administering authority may recover the reasonable costs or expenses of taking the action by making a claim on or realising the financial assurance or part of it.
(3) Before making the claim on or realising the financial assurance or part of it, the administering authority must give to the person who gave the financial assurance a written notice under this section.
(4) The notice must—
(a) state details of the action taken or proposed to be taken; and
(b) state the amount of the financial assurance to be claimed or realised; and
(c) invite the person to make representations to the administering authority to show why the financial assurance should not be claimed or realised as proposed; and
(d) state the period (at least 30 days after the notice is given to the person) within which the representations may be made.
(5) The representations must be made in writing.
(6) After the end of the period stated in the notice, the administering authority must consider the representations properly made by the person.
(7) If the administering authority decides to make a claim on or realise the financial assurance, it must, within 5 business days, give the person an information notice about the decision.
(8) In this section—
environmental authority includes a cancelled or surrendered environmental authority.
financial assurance means—
(a) financial assurance for an environmental authority (chapter 5A activities) given under chapter 5A, part 7; or
(b) any other financial assurance given under a condition imposed under section 364.