Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:10:p2
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 10 (pt 2/13)
Character Range: 68897–71431

of the facility.
Penalty: 80 penalty units.

2.44  Safety case required for the relevant stage in the life of a facility
  A person must not:
 (a) construct or install a facility or part of the facility; or
 (b) operate a facility or part of the facility; or
 (c) modify a facility or part of the facility; or
 (d) carry out maintenance on a facility or part of the facility; or
 (e) decommission a facility or part of the facility; or
 (f) do any other work at a facility or part of the facility;
in Commonwealth waters unless there is a safety case in force for the facility that provides for the activity.
Penalty: 80 penalty units.
Note: A safety case is not required under these Regulations for construction or modification of a facility at a location that is not in Commonwealth waters (for example, at a shipyard).

2.45  Work on a facility must comply with the safety case
 (1) A person must not:
 (a) construct or install a facility or part of the facility; or
 (b) operate a facility or part of the facility; or
 (c) modify a facility or part of the facility; or
 (d) carry out maintenance on a facility or part of the facility; or
 (e) decommission a facility or part of the facility; or
 (f) do any other work at a facility or part of the facility;
in Commonwealth waters in a manner that is contrary to:
 (g) the safety case in force for the facility; or
 (h) a limitation or condition imposed by subregulation 2.26(5) or 2.34(5).
Penalty: 80 penalty units.
 (2) An offence against paragraph (1)(h) is an offence of strict liability.
 (3) Subregulation (3) does not apply to particular conduct if NOPSEMA has given the person a written consent under regulation 2.28 to engage in that conduct in a manner contrary to the safety case or a limitation or condition imposed by subregulation 2.26(5) or 2.34(5).

2.46  New health and safety risk
 (1) A person must not:
 (a) construct or install a facility or part of the facility; or
 (b) operate a facility or part of the facility; or
 (c) modify a facility or part of the facility; or
 (d) carry out maintenance on a facility or part of the facility; or
 (e) decommission a facility or part of the facility; or
 (f) do any other work at a facility or part of the facility;
in Commonwealth waters if:
 (g) there has been an occurrence of a significant new risk to health and safety or a significant increase in an existing risk to health and safety arising from the construction, installation, operation, modification or decommissioning of the facility; and
 (h) the new risk