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PETROLEUM (SUBMERGED LANDS) REGULATIONS 2005 (NO 150 OF 2005) - REG 117

117—Acceptance of a pipeline management plan

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

            (a)         there are reasonable grounds for believing that—

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

                  (ii)         the plan complies with regulations 119, 120, 121, 122 and 124 for the stages connected with the life of the pipeline mentioned in regulation 114 for which the plan is submitted; and

                  (iii)         the plan, or a part of a pipeline management plan in force for the pipeline, complies with regulation 123; and

            (b)         the Safety Authority has notified the Minister under regulation 136 that the Safety Authority has accepted the pipeline safety management plan.

        (2)         If—

            (a)         the Safety Authority has accepted the pipeline safety management plan only for one 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 pipeline management plan only for those stages.

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

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

        (5)         Despite subregulation (4), the Minister may do either or both of the following:

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

            (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 pipeline management plan; or

            (b)         not to accept the plan; or

            (c)         to accept the plan 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.

Subdivision 2—Contents of a pipeline management plan



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