Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:2:p30
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 2 (pt 30/32)
Character Range: 101445–104011

case; or
 (ii) to reject the revised safety case; or
 (iii) to accept the revised safety case for one or more specified stages in the life of the facility (but not for every stage in the life of the facility) in respect of which the safety case was submitted and to reject the rest of the revised safety case; or
 (iv) to accept the revised safety case subject to conditions or limitations; or
 (b) notify the operator, in writing, that NOPSEMA is unable to make a decision about the revised safety case within the period of 30 days, and set out a proposed timetable for its consideration of the revised safety case.
 (2) A failure by NOPSEMA to comply with subsection (1) in relation to a revised safety case, or a revised part of a safety case, for a facility does not affect the validity of a decision by NOPSEMA to accept or reject the safety case for the facility.
 (3) A notice of a decision under paragraph (1)(a) must include the terms of the decision (including any limitations or conditions) and the reasons for it.

2.36  Effect of rejection of revised safety case
  If a revised safety case is not accepted, the safety case in force in relation to the facility immediately before the revised safety case was submitted remains in force subject to the Act and this instrument, as if the revised safety case had not been submitted.

Division 4—Withdrawal of acceptance of a safety case

2.37  Withdrawing acceptance of safety case for a facility
 (1) NOPSEMA may, by written notice given to the operator of a facility, withdraw the acceptance of a safety case for the facility if:
 (a) the operator of the facility has not 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 2.30, 2.31 or 2.32 of this instrument; or
 (b) NOPSEMA has rejected a revised safety case under section 2.34 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.

2.38  Steps to be taken before withdrawing acceptance
 (1) Before withdrawing the acceptance of a safety case for a facility NOPSEMA must comply with subsections (2), (4), (5) and (6).
 (2) NOPSEMA must give the operator at least 30 days' notice, in writing, of NOPSEMA's intention to withdraw acceptance of the safety case.
 (3) NOPSEMA may give a copy of the notice to such other persons (if any) as NOPSEMA thinks fit.
 (4) NOPSEMA must include in the notice its reasons for proposing to withdraw