Document ID: chunk:federal_register_of_legislation:F2023L00998:reg:13
Version: federal_register_of_legislation:F2023L00998
Segment Type: reg
Provision Reference: reg 13
Character Range: 24749–26865

13  Decision on resubmitted proposal
 (1) If a proponent resubmits an offshore project proposal under section 11, NOPSEMA must:
 (a) if NOPSEMA is reasonably satisfied that the proposal meets the criteria set out in subsection (4) of this section—accept the proposal; or
 (b) if NOPSEMA is not reasonably satisfied that the proposal meets the criteria set out in subsection (4) of this section—refuse to accept the proposal.
 (2) A decision on the proposal must be made:
 (a) within 30 days after the proposal is resubmitted; 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) adequately addresses comments given during the period for public comment; and
 (b) is appropriate for the nature and scale of the project; and
 (c) appropriately identifies and evaluates the environmental impacts and risks of the activities that are part of the project; and
 (d) demonstrates that the environmental impacts and risks of the project will be managed to an acceptable level; and
 (e) sets out appropriate environmental performance outcomes for each activity that are consistent with the principles of ecologically sustainable development; and
 (f) does not involve an activity, or part of an activity, being undertaken in any part of a declared World Heritage property.
 (5) If NOPSEMA accepts the proposal, NOPSEMA must, within 10 days after making the decision, notify the proponent in writing and publish the accepted proposal on NOPSEMA's website.
 (6) If NOPSEMA refuses to accept the proposal, NOPSEMA must, as soon as practicable after making the decision:
 (a) notify the proponent, in writing, of the decision and the reasons for the decision; and
 (b) publish a notice on NOPSEMA's website setting out the decision and the reasons for the decision.