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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE (RESOURCE MANAGEMENT AND ADMINISTRATION) REGULATIONS 2011 - REG 5.35

New well operations management plan to replace transitional plan

When titleholder must apply for a new plan generally

             (1)  The titleholder for a transitional plan for a well must apply under regulation 5.06 for acceptance of a new well operations management plan for the well before the end of the transitional 2-year period (whether as required under subregulation (2) or (5), or otherwise), unless the operation of the transitional plan ends within that period under regulation 5.17.

When titleholder must apply for a new plan instead of submitting a revision of transitional plan

             (2)  If a titleholder would (apart from this subregulation) be required under regulation 5.10 to submit a proposed revision of a transitional plan for a well, the titleholder must:

                     (a)  instead:

                              (i)  apply under regulation 5.06 for acceptance of a new well operations management plan for the well no later than the time when that requirement would otherwise apply under regulation 5.10; and

                             (ii)  include in the new plan any matters that would otherwise be required to be included in such a proposed revision; or

                     (b)  with the consent of the Regulator, submit a proposed revision of the transitional plan for the well in accordance with regulation 5.10.

             (3)  However, if a titleholder has already applied for acceptance of a new plan for a well when the titleholder would (apart from this subregulation) be required under regulation 5.10 to submit a proposed revision of the transitional plan for the well:

                     (a)  the titleholder must notify the Regulator as soon as practicable, giving details of the circumstance that would otherwise give rise to the requirement; and

                     (b)  subregulation (2) of this regulation does not apply in relation to the transitional plan; and

                     (c)  Division 4 of this Part does not apply in relation to the transitional plan.

Note:          If because of such a circumstance (or for any other reason) the Regulator is not satisfied that the new plan meets the criteria set out in regulation 5.08, the Regulator must give the titleholder notice under regulation 5.07 requiring the resubmission of the new plan, giving the titleholder a reasonable opportunity to modify and resubmit the plan.

             (4)  Paragraph (3)(a) does not apply in relation to a circumstance if:

                     (a)  for a circumstance consisting of the start of a well activity that the transitional plan does not apply to (see subregulation 5.10(1))--the new plan would include that well activity; or

                     (b)  for a circumstance consisting of a significant change to the manner in which risks to the integrity of the well are reduced (see subregulation 5.10(2))--the risk management process to be included in the new plan would allow for that changed manner.

Titleholder must apply for new plan on notification from the Regulator

             (5)  A titleholder for a transitional plan for a well must apply under regulation 5.06 for acceptance of a new well operations management plan for the well if the Regulator notifies the titleholder that the titleholder is required to do so.

             (6)  Regulations 5.11 and 5.12 apply in relation to a notification under subregulation (5) of this regulation as if it were a notification of a requirement to submit a proposed revision of the transitional plan for the purposes of subregulation 5.11(1).

Criteria for acceptance of new plan--consistency with directions

             (7)  If a titleholder is required to apply for acceptance of a new plan under subregulation (2) or (5) because NOPSEMA or the responsible Commonwealth Minister gave the titleholder a direction which is inconsistent with the transitional plan for the well, regulation 5.08 applies in relation to the application as if a criterion for the acceptance of the new plan is that it is consistent with the direction.

Criteria for acceptance of revision to transitional plan

             (8)  If the Regulator consents to a titleholder submitting a proposed revision of a transitional plan for the well under paragraph (2)(b), the criteria for acceptance of the proposed revision are:

                     (a)  despite subregulation 5.15(1), the criteria mentioned in paragraphs 5.08(b) and (d); and

                     (b)  if applicable to the proposed revision, the criterion mentioned in subregulation 5.15(2).



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