Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:2:p6
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 2 (pt 6/32)
Character Range: 42168–44946

as the operator of the facility or proposed facility, the day‑to‑day management and control of:
 (i) the facility or proposed facility; and
 (ii) operations at the facility or proposed facility; and
 (b) if the proposed operator is a foreign company—the proposed operator is registered under Division 2 of Part 5B.2 of the Corporations Act 2001.
 (2) Subject to subsection (3), NOPSEMA must reject the nomination of a proposed operator if it is not satisfied that:
 (a) the proposed operator will have, if registered as the operator of the facility or proposed facility, the day‑to‑day management and control of:
 (i) the facility or proposed facility; and
 (ii) operations at the facility or proposed facility; or
 (b) if the proposed operator is a foreign company—the proposed operator is registered under Division 2 of Part 5B.2 of the Corporations Act 2001.
 (3) In deciding whether to accept a nomination, NOPSEMA must take into account:
 (a) the ability of the proposed operator to undertake the functions and responsibilities of an operator of the facility; and
 (b) the physical and operational features of the facility; and
 (c) the views (if any) of the existing operator of the facility or proposed facility.
 (4) If NOPSEMA accepts the nomination of a proposed operator, it must register the proposed operator as the proposed operator of the facility or proposed facility.
 (5) NOPSEMA must, in writing, notify the facility owner or titleholder who made the nomination, and the proposed operator, of the following:
 (a) the decision to accept or reject the nomination of the proposed operator;
 (b) if NOPSEMA has decided to reject the nomination of the proposed operator—the reasons for the rejection.

2.4C  Submission and acceptance of safety cases by proposed operators
 (1) If, under subsection 2.4B(4), NOPSEMA registers a person as the proposed operator of a facility or proposed facility:
 (a) the proposed operator may submit a safety case to NOPSEMA under section 2.24; and
 (b) NOPSEMA must:
 (i)  make a decision on the submitted safety case in accordance with section 2.26; and
 (ii) notify the proposed operator in accordance with section 2.27; and
 (c) the other provisions of Parts 2 and 3 of this Chapter apply (to the extent that those provisions are applicable) as if the reference to the operator included a reference to the proposed operator.
 (2) If NOPSEMA notifies the proposed operator under section 2.27 that it has decided to accept the safety case:
 (a) the proposed operator must, in writing, notify NOPSEMA that the proposed operator intends to replace the existing operator of the facility or proposed facility:
 (i) on a day specified in the notice (which must be no earlier than 5 business days after the notice is given to NOPSEMA);