Document ID: chunk:federal_register_of_legislation:F2023L00998:reg:9
Version: federal_register_of_legislation:F2023L00998
Segment Type: reg
Provision Reference: reg 9
Character Range: 20202–22379

9  Suitability of offshore project proposal for publication
 (1) If a proponent submits an offshore project proposal, NOPSEMA must:
 (a) if NOPSEMA is reasonably satisfied that the proposal meets the criteria set out in subsection (4)—decide that the proposal is suitable for publication; or
 (b) if NOPSEMA is not reasonably satisfied that the proposal meets the criteria set out in subsection (4)—decide that the proposal is not suitable for publication.
 (2) A decision on the proposal must be made:
 (a) within 30 days after the proposal is submitted; or
 (b) if NOPSEMA is unable to make a decision within that 30 day period and, before the end of that period, notifies the proponent in writing of a later day by which a decision will be made—no later than that day.
 (3) A failure to comply with subsection (2) does not affect the validity of NOPSEMA's decision under subsection (1).
 (4) For the purposes of subsection (1), the criteria are that the proposal:
 (a) appropriately identifies and evaluates the environmental impacts and risks of the activities that are part of the project; and
 (b) sets out environmental performance outcomes, for each activity that is part of the project, that are:
 (i) consistent with the principles of ecologically sustainable development; and
 (ii) relevant to the identified environmental impacts and risks of the project; and
 (c) does not involve an activity, or part of an activity, being undertaken in any part of a declared World Heritage property; and
 (d) sufficiently addresses each of the matters mentioned in section 7 (contents of an offshore project proposal).
 (5) If NOPSEMA decides that the proposal is suitable for publication, NOPSEMA must, as soon as practicable after making the decision, notify the proponent in writing and publish on NOPSEMA's website:
 (a) the proposal; and
 (b) a notice:
 (i) inviting the public to give NOPSEMA written comments on the proposal; and
 (ii) specifying a period of at least 4 weeks for giving comments.
 (6) If NOPSEMA decides that the proposal is not suitable for publication, NOPSEMA must, as soon as practicable after making the decision, notify the proponent, in writing.