Commonwealth Numbered Regulations

1996 No. 298 PETROLEUM (SUBMERGED LANDS) (MANAGEMENT OF SAFETY ON OFFSHORE FACILITIES) REGULATIONS - REG 4

4. (1) Before commencing, in an adjacent area, the construction or
installation of a facility, the operator of the facility must obtain, from the
Designated Authority for the adjacent area in which the facility is to be
constructed or installed, a Consent to construct and  install the facility.

(2) An application for a Consent to construct and install must be lodged in
writing with the Designated Authority and contain, or have with it, the
following information and material:

   (a)  the reason, including the geological evidence, for the selection of
        the proposed location of the facility;

   (b)  a copy of each report or recommendation about the facility made by a
        person, or persons, responsible for deciding the criteria for the
        design of the facility;

   (c)  those criteria, including:

        (i)    the depth of the sea and nature of the sea-bed and subsoil at
               the proposed location; and

        (ii)   the maximum and minimum air and sea temperatures , at or near
               sea level, likely to occur at that location; and

        (iii)  the characteristics of the waves (including heights, periods
               and direction) at that location; and

        (iv)   the relevant current water information for that location; and

        (v)    the likely maximum wind speeds, prevailing wind directions and
               estimated maximum 3-second gust speed at that location; and

        (vi)   details of estimated marine growth on the facility; and

        (vii)  the estimated worst combination of dead and live loads likely
               to be applied to the facility; and

        (viii) evidence to demonstrate that the criteria take adequate account
               of the magnitude and distribution of production loads ;

   (d)  any other information or material that the Designated Authority
        reasonably requires.

(3) The Designated Authority may grant a Consent to construct and  install a
facility if, and only if:

   (a)  the Designated Authority has accepted:

        (i)    the Formal Safety Assessment in relation to the facility; and

        (ii)   the Facility Description in relation to the facility; and

        (iii)  those parts of the Safety Management System in relation to the
               facility that relate to the design, construction and
               installation of the facility; and

   (b)  the Designated Authority is reasonably satisfied that the construction
        and installation of the facility is in accordance with all material
        requirements of:

        (i)    the Safety Case in force for the facility; and

        (ii)   any conditions specified, under paragraph (4) (b), in the
               consent to construct and install; and

        (iii)  the Act and these Regulations; and

        (iv)   the Schedule of Specific Requirements.
[NOTE: For the meaning of "Safety Case in force for the facility", see subr. 3
(1).]

(4) A Consent to construct and install a facility:

   (a)  must be given to the operator in writing; and

   (b)  may specify conditions for the construction and installation of the
        facility.

(5) If the Designated Authority decides not to grant a Consent to 
construct and install, the Designated Authority must promptly give to the
operator a notice in writing setting out:

   (a)  the terms of the decision; and

   (b)  the reasons for the decision; and

   (c)  in the case of a facility located, or to be located, in an
        adjacent area in respect of a Territory specified in section 7 of the
        Act-a statement or summary of the right, under section 152 of the Act,
        of reconsideration or review of the decision. [NOTE: A facility must
        not, without the consent of the Designated  Authority, be constructed
        or installed in a way that is contrary to the
        Consent to construct and install or the Safety Case: see subr. 29 (1)
        (penalty provision).]