(1)  A person must not –

(a) construct a facility; or

(b) install a facility; or

(c) operate a facility; or

(d) modify a facility; or

(e) decommission a facility –

in the adjacent area if there is not a safety case in force for the relevant stage in the life of the facility that corresponds with the conduct.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) an individual, a fine not exceeding 50 penalty units.

(2)  Subregulation (1) does not apply to a person who is exempt under regulation 43 from the requirement to have a safety case in force for the relevant stage in the life of the facility.