Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:9:p13
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 9 (pt 13/18)
Character Range: 51473–54135

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 significant increase in an existing risk to health and safety arising from the activity in relation to the facility.

2.29  Duties under Part 2 of Schedule 3 to the Act
  The acceptance of a safety case by NOPSEMA, or compliance by an operator or another person with a safety case that has been accepted by NOPSEMA, does not derogate from the duties of the operator or person under Part 2 of Schedule 3 to the Act.

Division 3—Revised safety cases

2.30  Revision of a safety case because of a change of circumstances or operations
 (1) Subject to subregulation (3), an operator of a facility for which a safety case is in force must submit a revised safety case to NOPSEMA as soon as practicable after the occurrence of any of the following circumstances:
 (a) the technical knowledge relied upon to formulate the safety case, including the knowledge of systems for identifying hazards and evaluating risks of major accident events, is outdated so that the safety case no longer adequately provides for the matters mentioned in Subdivisions A, B and C of Division 1;
 (b) the operator proposes to modify or decommission the facility, and the proposed modification or decommissioning is not adequately addressed in the safety case;
 (c) there are reasonable grounds for believing that a series of proposed modifications to the facility would result in a significant cumulative change in the overall level of risk of major accident events;
 (d) the operator proposes to significantly change the safety management system;
 (e) for a facility that is a pipeline—the compositions of petroleum or greenhouse gas substance conveyed in the pipeline are different from the compositions contemplated in the safety case;
 (f) the activities to be carried out at the facility are different from the activities contemplated in the safety case.
 (2) The operator must also submit a revised safety case to NOPSEMA as soon as practicable if there has been:
 (a) a significant increase in the level of risk to the health or safety of persons at or near the facility; or
 (b) a series of increases in the level of risk to the health or safety of persons at or near the facility that, in total, are significant.
 (3) If a circumstance mentioned in subregulation (1) or (2) is satisfied because the operator proposes to modify or decommission the facility the operator must not submit the revised safety case before the operator and NOPSEMA have agreed on the scope