South Australian Current Regulations

PETROLEUM (SUBMERGED LANDS) REGULATIONS 2020 - REG 130

130—Acceptance of a proposed revision of a pipeline management plan

        (1)         The Minister must accept the proposed revision of the pipeline management plan only if—

            (a)         there are reasonable grounds for believing that—

                  (i)         the revision is appropriate for the nature and proposed use of the pipeline; and

                  (ii)         the pipeline management plan, as revised by the proposed revision, would comply with regulations 119, 120, 121, 122 or 124 for the stages connected with the life of the pipeline mentioned in regulation 114 for which the revision is submitted; and

                  (iii)         the pipeline management plan, as revised by the proposed revision, would comply with regulation 123; and

                  (iv)         in the case that the revision relates to a proposal to modify or decommission the pipeline—a validation of the proposal is in force; and

            (b)         the Safety Authority has notified the Minister under regulation 136 that the Safety Authority has accepted the revision.

        (2)         If—

            (a)         the Safety Authority has accepted the revision only for 1 or more specified stages connected with the life of the pipeline, but not for all of the stages to which the pipeline management plan relates; and

            (b)         there are reasonable grounds for believing the matters in subregulation (1)(a) for each of those stages,

the Minister must accept the revision only for those stages.

        (3)         If the Minister is not reasonably satisfied that the proposed revision when first submitted meets the criteria set out in subregulation (1), the Minister must give the pipeline licensee a reasonable opportunity to change and resubmit the revision.

        (4)         If, after the pipeline licensee has had a reasonable opportunity to change and resubmit the proposed revision, the Minister is still not reasonably satisfied that the revision meets the criteria mentioned in subregulation (1), the Minister must refuse to accept the revision.

        (5)         Despite subregulation (4), the Minister may—

            (a)         accept the revision in part for a particular stage connected with the life of the pipeline mentioned in regulation 114; and

            (b)         impose limitations or conditions applying to the pipeline in respect of any of those stages.

        (6)         The Minister must give the pipeline licensee written notice of a decision by the Minister—

            (a)         to accept the proposed revision; or

            (b)         not to accept the revision; or

            (c)         to accept the revision in part for a particular stage connected with the life of the pipeline, or subject to the imposition of limitations or conditions.

        (7)         A notice of a decision under subregulation (6)(b) or (c) must include—

            (a)         advice of the decision and the reasons for it; and

            (b)         if limitations or conditions are to apply to a stage connected with the life of the pipeline—a statement of those limitations or conditions.