Document ID: chunk:federal_register_of_legislation:F2025C00011:front:0:p28
Version: federal_register_of_legislation:F2025C00011
Segment Type: other
Provision Reference: 
Character Range: 71740–74527

well; or
 (ii) one or more conditions to which the acceptance of the plan was subject; or
 (iii) both requirements and conditions; and
 (c) the titleholder does not undertake the activity in accordance with the requirements, conditions or both that regulate the activity.
Penalty: 80 penalty units.
 (1A) A titleholder commits an offence if:
 (a) the well operations management plan in force for a well in the title area requires the titleholder to undertake an activity; and
 (b) the titleholder does not undertake the well activity.
Penalty: 80 penalty units.
 (2) An offence against subregulation (1) or (1A) is an offence of strict liability.
Note 1: For strict liability, see section 6.1 of the Criminal Code.
Note 2: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in these Regulations: see sections 574, 576B and 576C of the Act. NOPSEMA and the responsible Commonwealth Minister may also give remedial directions about plugging or closing off wells: see sections 586, 586A, 591B and 592 of the Act.

Exception to subregulation (1)—Regulator consents to undertaking activity in a specified manner
 (3) A titleholder may request, in writing, the consent of the Regulator to the titleholder undertaking a well activity in a specified manner.
 (4) The request must include sufficient information for the Regulator to assess whether or not undertaking the well activity in that manner would result in the integrity of the well becoming subject to a significant new risk or a significantly increased risk.
 (5) The Regulator may give consent only if there are reasonable grounds for believing that undertaking the well activity in that manner will not result in the integrity of the well becoming subject to a significant new risk or a significantly increased risk. The consent must be in writing.
 (6) Subregulation (1) does not apply in relation to a well activity if:
 (a) the Regulator has consented under subregulation (5) to the titleholder undertaking the activity in a specified manner; and
 (b) the titleholder undertakes the activity in that manner.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (6): see subsection 13.3(3) of the Criminal Code.

Division 3—Obtaining acceptance of well operations management plan

5.06  Application for acceptance of well operations management plan
 (1) A titleholder may apply to the Regulator for acceptance by the Regulator of a well operations management plan.
 (2) The titleholder must submit the plan to the Regulator:
 (a) at least 30 days before the proposed start of the first well activity to which the plan would apply; or
 (b) within the period approved by the Regulator in writing.
 (3) The plan:
 (a) must be in