Document ID: chunk:federal_register_of_legislation:F2023L00998:reg:33:p1
Version: federal_register_of_legislation:F2023L00998
Segment Type: reg
Provision Reference: reg 33 (pt 1/2)
Character Range: 56363–59243

33  Making decision on submitted environment plan

Initial decision
 (1) If the event described in subsection (2) occurs for an environment plan submitted by a titleholder then, subject to section 16, NOPSEMA must:
 (a) if NOPSEMA is reasonably satisfied that the environment plan meets the environment plan acceptance criteria—decide to accept the plan; or
 (b) if NOPSEMA is not reasonably satisfied that the environment plan meets the environment plan acceptance criteria—decide to give the titleholder written notice under subsection (5) of this section.
Note 1: Section 16 makes demonstration of financial assurance a prior condition for acceptance of an environment plan for petroleum titleholders.
Note 2: Subsection 30(6) requires NOPSEMA to consider certain public comments on a seismic or exploratory drilling environment plan in making a decision to take an action under this section.
 (2) For the purposes of subsection (1), the event is:
 (a) if the environment plan is a seismic or exploratory drilling environment plan—NOPSEMA receives the resubmitted plan under paragraph 30(3)(b) and, if relevant, a written statement under paragraph 30(3)(c); or
 (b) otherwise—NOPSEMA publishes the plan (with the sensitive information part removed) under section 28.
 (3) A decision on the environment plan under subsection (1) must be made:
 (a) within 30 days after the day the event described in subsection (2) occurs; or
 (b) if NOPSEMA is unable to make a decision within that 30 day period and, before the end of that period, notifies the titleholder in writing of a later day by which a decision will be made—no later than that day.
 (4) A failure to comply with subsection (3) does not affect the validity of NOPSEMA's decision under subsection (1).

Notice giving opportunity to resubmit
 (5) A notice under this subsection must:
 (a) state that NOPSEMA is not reasonably satisfied that the environment plan submitted by the titleholder meets the environment plan acceptance criteria; and
 (b) identify the environment plan acceptance criteria about which NOPSEMA is not reasonably satisfied; and
 (c) specify a day by which the titleholder may resubmit the plan.
 (6) The day referred to in paragraph (5)(c) must give the titleholder a reasonable opportunity to modify and resubmit the plan.

Decision if plan is resubmitted
 (7) If the titleholder resubmits the plan by the day referred to in paragraph (5)(c), or a later date agreed by NOPSEMA, then, subject to section 16, NOPSEMA must:
 (a) if NOPSEMA is reasonably satisfied that the environment plan meets the environment plan acceptance criteria—decide to accept the plan; or
 (b) if NOPSEMA is still not reasonably satisfied that the environment plan meets the environment plan acceptance criteria—decide to:
 (i) give the titleholder a further notice under subsection (5) of this section; or
 (ii) accept the