Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:9:p12
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 9 (pt 12/18)
Character Range: 49146–51688

for more than 1 stage in the life of the facility, NOPSEMA may accept the safety case for 1 or more stages in the life of the facility and reject the safety case for 1 or more stages in the life of the facility.
 (3) If NOPSEMA rejects a safety case because NOPSEMA is not satisfied with any of the matters mentioned in subregulation (1), NOPSEMA must give the operator a reasonable opportunity to change the safety case and resubmit it.
 (4) NOPSEMA must reject the safety case if:
 (a) NOPSEMA has given an operator a reasonable opportunity to change and resubmit a safety case; and
 (b) the operator resubmits the safety case; and
 (c) NOPSEMA is not satisfied with any of the matters mentioned in subregulation (1).
 (5) When accepting a safety case for a facility, NOPSEMA may impose limitations or conditions on the acceptance in respect of the facility or activities at the facility.

2.27  Notice of decision on safety case
 (1) Within 90 days after receiving a safety case submitted under regulation 2.24, or resubmitted under subregulation 2.26(3), NOPSEMA must:
 (a) notify the operator, in writing, that NOPSEMA has decided:
 (i) to accept the safety case; or
 (ii) to reject the safety case; or
 (iii) to do both of the following:
 (A) accept the safety case for 1 or more specified stages in the life of the facility, but not for every stage in the life of the facility, in respect of which the safety case was submitted;
 (B) reject the rest of the safety case; or
 (iv) to accept the safety case subject to conditions or limitations; or
 (b) notify the operator, in writing, that NOPSEMA is unable to make a decision about the safety case within the period of 90 days, and set out a proposed timetable for its consideration of the safety case.
 (2) A failure by NOPSEMA to comply with subregulation (1) in relation to a safety case does not affect the validity of a decision by NOPSEMA to accept or reject the safety case.
 (3) A notice of a decision under paragraph (1)(a) must include the terms of the decision (including any limitations or conditions) and the reasons for it.

2.28  Consent to undertake work in a manner different from safety case
 (1) NOPSEMA may, by notice in writing given to the operator of a facility, consent to the conduct of an activity in a manner that is different from the safety case in force in relation to the facility.
 (2) NOPSEMA must not give a consent under subregulation (1) unless it is satisfied that there will not be an occurrence of a significant new risk to health and safety or a