Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:2:p24
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 2 (pt 24/32)
Character Range: 87032–89761

of this Part; and
 (d) if NOPSEMA required a validation under subsection 2.40(1):
 (i) the validation established, to the level of assurance required by NOPSEMA, the matters (as appropriate) mentioned in subsection 2.40(4); and
 (ii) the person, or each person, who undertook the validation had the necessary competence, ability and access to data as mentioned in subsection 2.40(5); and
 (e) if a design notification in relation to the facility was required to be submitted to NOPSEMA under Part 3—the following requirements are satisfied:
 (i) a design notification for the facility was provided to NOPSEMA in accordance with Part 3;
 (ii) the operator of the facility has provided NOPSEMA with details of the matters (if any) that NOPSEMA raised in its written comments on the design notification under Part 3;
 (iii) the operator of the facility has described how those matters have been incorporated into the facility design, either by describing how the facility design has been adapted in response to NOPSEMA's comments or by providing reasons why NOPSEMA's comments have not been incorporated into the facility design;
 (iv) NOPSEMA is satisfied that the matters in its written comments in relation to the design notification under Part 3 for the facility have been adequately addressed in the facility design.
 (2) If a safety case for a facility is submitted for more than one stage in the life of the facility, NOPSEMA may accept the safety case for one or more stages in the life of the facility.
 (3) If NOPSEMA proposes to reject a safety case for a facility because NOPSEMA is not satisfied in relation to any of the matters mentioned in subsection (1):
 (a) NOPSEMA must give the operator of the facility a reasonable opportunity to change the safety case and resubmit it; and
 (b) the operator may resubmit the safety case with such changes as the operator considers necessary.
 (4) NOPSEMA must reject the safety case for a facility if:
 (a) NOPSEMA has given the operator of the facility a reasonable opportunity to change and resubmit the safety case for the facility; and
 (b) the operator resubmits the safety case; and
 (c) NOPSEMA is not satisfied in relation to any of the matters mentioned in subsection (1).
 (5) When accepting a safety case for a facility, NOPSEMA may impose limitations or conditions on the acceptance in respect of the facility or activities at the facility.

2.27  Notice of decision on safety case
 (1) Within 90 days after receiving a safety case for a facility submitted under section 2.24, or resubmitted under paragraph 2.26(3)(b), NOPSEMA must:
 (a) notify the operator of the facility, in writing, that NOPSEMA has decided:
 (i) to accept the safety case; or
 (ii) to reject