Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p9
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 9/28)
Character Range: 175903–178538

complied with any of the following:
 (i) a provision of Schedule 3 to the Act;
 (ii) a notice issued by a NOPSEMA inspector under Schedule 3 to the Act;
 (iii) section 4.10 or subsection 4.11(5) of this instrument; or
 (b) NOPSEMA has rejected a revised DSMS for the diving project under section 4.6 of this instrument.
 (2) A notice under subsection (1) must specify:
 (a) the reasons for the withdrawal; and
 (b) the day when the withdrawal takes effect.

4.11B  Steps to be taken before withdrawing acceptance of a DSMS
 (1) Before withdrawing the acceptance of a DSMS for a diving project NOPSEMA must comply with subsections (2), (4) and (5).
 (2) NOPSEMA must give the diving contractor for the diving project at least 30 days' notice, in writing, of NOPSEMA's intention to withdraw acceptance of the DSMS.
 (3) NOPSEMA may give a copy of the notice to such other persons (if any) as NOPSEMA thinks fit.
 (4) NOPSEMA must specify in the notice a day by which the diving contractor (or any other person to whom a copy of the notice has been given) may submit to NOPSEMA, in writing, any matters for NOPSEMA to take into account in deciding whether to withdraw the acceptance of the DSMS.
 (5) In deciding whether to withdraw the acceptance of the DSMS, NOPSEMA must take into account:
 (a) any action taken by the diving contractor to remove the ground for withdrawal of acceptance, or to prevent the recurrence of that ground; and
 (b) any matter submitted to NOPSEMA before the day specified in the notice by:
 (i) the diving contractor; or
 (ii) if another person is given a copy of the notice under subsection (3)—that other person.

Part 4—Diving project plans

4.12  Diving project plan to be approved
 (1) This section applies if there is an operator of a facility in connection with a diving project.
 (2) The diving contractor must, in consultation with the operator, prepare a diving project plan for each diving project.
 (3) The diving project plan must be approved by the operator before diving can commence on the diving project.
 (4) The operator must approve the diving project plan only if the operator is satisfied that:
 (a) the plan complies with section 4.16; and
 (b) effective consultation and participation, as required by subsection 4.18(2), was carried out in developing or revising the plan.

4.13  Diving project plan to be given to NOPSEMA if there is no operator of a facility in connection with a diving project
 (1) This section applies if there is no operator of a facility in connection with a diving project.
 (2) The diving contractor must prepare a diving project plan for the diving project