Environmental Protection and Management Act 1999 · 2020 Revised Edition · Part 12 · Compensation, Damages, Fees, Costs and Expenses
57. Application of proceeds of sale
Feedback & supportThe proceeds of a sale under section 55(1) and (2) must be applied firstly in satisfaction of the arrears together with interest on the arrears at the prescribed rate and costs.
sale
“sale” includes barter, exchange, import and export and also includes offering or attempting to sell, or causing or allowing to be sold, or exposing for sale or receiving or sending or delivering for sale; and the word “sell” is to be construed accordingly;
Where there is any surplus remaining, the Director‑General must —
Director-General
“Director-General” means the Director‑General of Environmental Protection appointed under section 3(1);
if satisfied as to the right of any person claiming the surplus — pay the amount of the surplus to that person; or
if not so satisfied — hold the amount in trust for the person who may ultimately succeed in due course of law in establishing the person’s title to the surplus.
If no title is established to the surplus within a period of 5 years from the date of the sale, it must be paid into the Consolidated Fund.