Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p10
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 10/28)
Character Range: 178306–180999

a facility in connection with a diving project
 (1) This section applies if there is no operator of a facility in connection with a diving project.
 (2) The diving contractor must prepare a diving project plan for the diving project and give a copy of the plan to NOPSEMA.
 (3) The diving project plan must be accepted by NOPSEMA before diving can commence on the diving project.
 (4) NOPSEMA must accept the diving project plan only if it is satisfied that:
 (a) the plan meets the requirements in section 4.16; and
 (b) effective consultation and participation, as required by subsection 4.18(2), was carried out in developing or revising the plan; and
 (c) the diving operations to which the plan relates are appropriate to be covered by a single plan.

4.14  Diving project plan to be given to NOPSEMA if requested
  If NOPSEMA asks the operator of a facility in connection with a diving project for a copy of the diving project plan, the operator must give a copy of the plan to NOPSEMA.

4.15  Updating diving project plan
 (1) A diving contractor for a diving project must keep the diving project plan for the diving project up to date during the diving project.
 (2) The diving contractor must update the diving project plan if:
 (a) because of a modification of the diving project, there is a significant increase in the overall level of risk to a diving operation; or
 (b) the operator of the facility in connection with the diving project proposes to undertake or permit a modification of the diving project that might influence significantly the level of specific risks to a diving operation or the ranking of risk contributors.
 (3) The diving contractor must ensure that the updated diving project plan is approved by the operator of the facility in connection with the diving project before diving commences under the updated diving project plan.

Updated diving project plan to be resubmitted to NOPSEMA where no operator of facility in connection with diving project
 (4) If there is no operator of a facility in connection with the diving project and the diving project plan has been updated, the diving contractor must:
 (a) resubmit the updated plan to NOPSEMA for consideration; and
 (b) ensure that the updated diving project plan is accepted by NOPSEMA before diving commences under the updated diving project plan.

Strict liability offence
 (5) A person commits an offence of strict liability if the person contravenes subsection (1), (2), (3) or (4).
Penalty: 100 penalty units.

Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subsection (1), (2), (3) or (4).
Civil penalty: 1,000 penalty units.

4.16  Contents of diving