Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p18
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 18/28)
Character Range: 198105–200872

request under subsection (1) of this subsection.

4.24C  Withdrawal of acceptance of start‑up notice if diving has not commenced
 (1) NOPSEMA may, by written notice given to the operator of a facility in connection with a diving project, or a diving contractor for a diving project, as applicable, withdraw the acceptance of a start‑up notice for the diving project if:
 (a) NOPSEMA has reasonable safety concerns about the diving project; and
 (b) diving under the accepted start‑up notice has not commenced.
 (2) The notice must set out the reasons for the decision.

4.24D  Withdrawal of acceptance of start‑up notice if new or increased risks identified
 (1) NOPSEMA may, by written notice to the operator of a facility in connection with a diving project, or to a diving contractor for a diving project, as applicable, withdraw the acceptance of a start‑up notice for the diving project if NOPSEMA believes, on reasonable grounds, that:
 (a) a new or increased diving risk arising from the diving project has been identified; and
 (b) the management or elimination of that risk is not provided for in the DSMS or the diving project plan for the diving project.
 (2) The notice must set out the reasons for the decision.
 (3) If NOPSEMA withdraws the acceptance of a start‑up notice for the diving project, the following persons must ensure that diving on the diving project ceases:
 (a) if there is an operator of a facility in connection with a diving project—the operator of the facility;
 (b) if there is no operator of a facility in connection with a diving project—the diving contractor for the diving project.

4.24E  Reinstatement of acceptance of start‑up notice
 (1) If, after NOPSEMA withdraws acceptance of a start‑up notice for a diving project under section 4.24C or 4.24D, the operator of the facility in connection with the diving project, or the diving contractor for the diving project, as applicable, demonstrates to NOPSEMA that the reasons for the withdrawal no longer apply, NOPSEMA may reinstate the acceptance of the start‑up notice.
 (2) If NOPSEMA reinstates the acceptance of the start‑up notice, NOPSEMA must:
 (a) in writing, notify the operator, or the diving contractor, as applicable, that NOPSEMA has reinstated the acceptance of the start‑up notice; and
 (b) set out in the notice the reasons why NOPSEMA has reinstated the acceptance of the start‑up notice.

Part 9—Diving operations

4.25  Divers in diving operations

Competence of divers—responsibility of diving contractors
 (1) A diving contractor for a diving operation must not allow a person to dive in the diving operation if the person is not competent to carry out safely any activity that is reasonably likely to be necessary while the person is taking part in the