Western Australian Current Regulations Western Australian Current Regulations (1) This regulation
applies if —
(a) the
Minister approves an environment plan that does not include an oil spill
contingency plan; and
(b) the
approval is subject to a condition imposed under regulation 11(4)(c); and
(c) the
operator submits an oil spill contingency plan to the Minister in accordance
with the condition.
(2) The Minister must
approve the oil spill contingency plan if the Minister is satisfied that the
plan —
(a)
complies with regulation 15(8); and
(b) is
appropriate for the nature and scale of the pipeline activity.
(3) If the Minister is
not reasonably satisfied that the oil spill contingency plan when first
submitted meets the criteria set out in subregulation (2), the Minister
must give the operator a reasonable opportunity to modify and resubmit the
plan.
(4) If, after the
operator has had a reasonable opportunity to modify and resubmit the oil spill
contingency plan, the Minister is still not reasonably satisfied that the plan
meets the criteria set out in subregulation (2), the Minister must refuse
to approve the plan.
(5) The Minister must
give the operator written notice of a decision by the Minister —
(a) to
approve the oil spill contingency plan; or
(b) not
to approve the oil spill contingency plan.
(6) A notice under
subregulation (5) must set out the terms of the decision and the reasons
for it.
(7) If the Minister
approves an oil spill contingency plan for a pipeline activity under this
regulation, the environment plan for the pipeline activity is taken to be
revised to include the oil spill contingency plan.
(8) To avoid doubt, a
revision of an environment plan under this regulation does not affect any
other requirement to revise the environment plan under
regulation 18, 19 or 20.