Commonwealth Numbered Regulations

1996 No. 298 PETROLEUM (SUBMERGED LANDS) (MANAGEMENT OF SAFETY ON OFFSHORE FACILITIES) REGULATIONS - REG 5

5. (1) Before commencing to operate a facility, the operator of the facility
must obtain, from the Designated Authority for the adjacent  area in which the
facility is to be operated, a Consent to use the facility.

(2) An application for a Consent to use must be lodged in writing with the
Designated Authority.

(3) The Designated Authority may grant a Consent to use a facility if, and
only if, the Designated Authority is reasonably satisfied that:

   (a)  there is a Safety Case in force for the facility; and

   (b)  the operation of the facility in accordance with the Safety Case and
        any conditions specified under paragraph (4) (b) will be in accordance
        with all material requirements of:

        (i)    the Act and these Regulations; and

        (ii)   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 use a facility:

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

   (b)  may specify conditions for the use of the facility.

(5) If the Designated Authority decides not to grant a Consent to  use, 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 operated,
        removed, dismantled or decommissioned in a way that is contrary to the
        Consent to use or the Safety Case: see subr. 29 (2) (penalty
        provision).]