Regulation 32 Suspension of annual closure payments where ongoing failure to comply
Where the Department is satisfied that a closure participant is failing to comply with these Regulations it may suspend that closure participant’s annual closure payments.
Within 21 days of a decision to suspend annual closure payments the Department must send a notice to the closure participant specifying—
the reason why annual closure payments are being suspended,
the date from which the suspension is effective,
the steps that the closure participant must take to satisfy the Department that the closure participant is complying with these Regulations,
the consequences of the closure participant failing to take the steps required pursuant to sub-paragraph (c) including potential sanctions, and
details of the closure participant’s right of review including any relevant time-limits.
Within 21 days of being satisfied that the closure participant is complying with these Regulations the Department must remove the suspension.
If, within 6 months of the suspension, the Department is satisfied that the closure participant has taken the steps specified by notice under paragraph (2), the Department may pay within 28 days of being so satisfied all annual closure payments withheld under this regulation.
The maximum period for which the Department may suspend a closure participant’s annual closure payments is 1 year.
Subject to paragraph (4), a closure participant may not recover any annual closure payments suspended in accordance with this regulation.