Commonwealth Consolidated Regulations

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE (RESOURCE MANAGEMENT AND ADMINISTRATION) REGULATIONS 2011 - REG 5.07

Decision on well operations management plan

Initial consideration

  (1)   Within 30 days after a titleholder submits a well operations management plan to the Regulator:

  (a)   if the Regulator is reasonably satisfied that the plan meets the criteria set out in regulation   5.08, the Regulator must accept the plan; or

  (b)   if the Regulator is not reasonably satisfied that the plan meets the criteria set out in regulation   5.08, the Regulator must give the titleholder notice in writing under subregulation   (2); or

  (c)   if the Regulator is unable to make a decision on the plan within the 30 day period, the Regulator must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan.

  (2)   A notice to a titleholder under this subregulation   must:

  (a)   state that the Regulator is not reasonably satisfied that the well operations management plan submitted by the titleholder meets the criteria set out in regulation   5.08; and

  (b)   identify the criteria set out in regulation   5.08 about which the Regulator is not reasonably satisfied; and

  (c)   set a date by which the titleholder may resubmit the well operations management plan.

  (3)   The date referred to in paragraph   (2)(c) must give the titleholder a reasonable opportunity to modify and resubmit the plan.

Consideration after opportunity for resubmission

  (4)   Within 30 days after the titleholder has resubmitted a modified well operations management plan:

  (a)   if the Regulator is reasonably satisfied that the plan meets the criteria set out in regulation   5.08, the Regulator must accept the plan; or

  (b)   if the Regulator is still not reasonably satisfied that the plan meets the criteria set out in regulation   5.08, the Regulator must:

  (i)   give the titleholder a further notice under subregulation   (2); or

  (ii)   refuse to accept the plan; or

  (iii)   act under subregulation   (6); or

  (c)   if the Regulator is unable to make a decision on the plan within the 30 day period, the Regulator must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan.

  (5)   If the titleholder does not resubmit a modified well operations management plan by the date referred to in paragraph   (2)(c), or a later date agreed to by the Regulator, the Regulator must:

  (a)   refuse to accept the plan; or

  (b)   act under subregulation   (6).

  (6)   For subparagraph   (4)(b)(iii) and paragraph   (5)(b), the Regulator may do either or both of the following:

  (a)   accept the plan in part;

  (b)   accept the plan subject to conditions.

Validity of decision

  (7)   A decision by the Regulator under subregulation   (1) or (4) is not invalid only because the Regulator did not comply with the 30 day period in subregulation   (1) or (4).

Notice of decision

  (8)   The Regulator must give the titleholder notice in writing of a decision by the Regulator to:

  (a)   accept the well operations management plan; or

  (b)   refuse to accept the plan; or

  (c)   accept the plan in part, or subject to conditions.

  (9)   A notice of a decision mentioned in paragraph   (8)(b) must set out the reasons for the decision.

  (10)   A notice of a decision mentioned in paragraph   (8)(c) must set out the terms of the decision and the reasons for the decision.


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