Commonwealth Consolidated Regulations

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OFFSHORE ELECTRICITY INFRASTRUCTURE REGULATIONS 2022 - REG 60

Other circumstances in which licence holder must make a plan revision approval application

  (1)   If an approval of a management plan for a relevant licence is in effect, the licence holder must, in any of the circumstances set out in subsection   (2):

  (a)   prepare a revised management plan; and

  (b)   make a plan revision approval application for the Regulator to approve the revised management plan as the management plan for the licence.

  (2)   For the purposes of subsection   (1), the circumstances are the following:

  (a)   the licence activities are to change significantly;

  (b)   the list of relevant structures, equipment and property included in the plan in accordance with section   87, or the details included under subsection   87(3), is significantly incorrect;

  (c)   the licence holder identifies a new or significantly increased hazard, impact or risk of a kind referred to in paragraph   83(2)(a);

  (d)   the licence holder identifies a kind of emergency that could reasonably foreseeably arise in relation to the licence activities, and that is not already identified in the management plan under paragraph   91(2)(a);

  (e)   a significant change is made to the emergency response plan required to be described under paragraph   91(2)(c);

  (f)   an obligation of a kind mentioned in section   85 (obligations under the Environment Protection and Biodiversity Conservation Act 1999 ) begins to apply to the licence holder in relation to the licence activities, or there is a material change in such an obligation that already applies to the licence holder in relation to the licence activities;

  (g)   there has been a change in control of the licence holder that has changed, or is likely to change, the manner in which licence activities are carried out;

  (h)   the relevant licence has been transferred under Division   2 of Part   2 of Chapter   3 of the Act, and the transfer has changed, or is likely to change, the manner in which licence activities are carried out;

  (i)   a requirement included in the management plan under paragraph   73(d) (requirement to revise plan when it becomes possible for the plan to fully address a matter) applies;

  (j)   the Minister makes a determination under section   102 (requirement for financial security to be in a particular form) in relation to the relevant licence;

  (k)   a condition is imposed on the relevant licence, or a condition that applies to the relevant licence is varied, and the condition:

  (i)   relates to the licence activities; or

  (ii)   requires a matter to be addressed in the plan;

  (l)   if:

  (i)   the plan (the first plan ) provides for a matter by applying, adopting or incorporating any matter contained in the management plan for another licence as in force from time to time; and

  (ii)   the Regulator approves a revised plan as the management plan for the other licence;

    the revision of the management plan for the other licence is likely to have a significant effect on the meaning or operation of the first plan.

  (3)   The licence holder must comply with subsection   (1) as soon as reasonably practicable after the licence holder becomes aware that a circumstance set out in subsection   (2) applies.

  (4)   However, subsection   (1) does not apply to a particular circumstance set out in subsection   (2) if:

  (a)   the management plan already makes provision for the circumstance; and

  (b)   the circumstance does not, and is not likely to, result in the licence holder failing to comply with the management plan.



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