Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:2:p31
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 2 (pt 31/32)
Character Range: 103784–106492

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 acceptance of the safety case.
 (5) NOPSEMA must specify in the notice a day by which the operator (or any other person to whom a copy of the notice has been given) may submit to NOPSEMA, in writing, any matters for NOPSEMA to take into account in deciding whether to withdraw the acceptance of the safety case.
 (6) In deciding whether to withdraw the acceptance of the safety case, NOPSEMA must take into account:
 (a) any action taken by the operator to remove the ground for withdrawal of acceptance, or to prevent the recurrence of that ground; and
 (b) any matter submitted to NOPSEMA before the day specified in the notice by:
 (i) the operator; or
 (ii) if another person is given a copy of the notice under subsection (3)—that other person.

Division 5—Exemptions

2.39  NOPSEMA may give an exemption
 (1) The operator of a facility may, in writing, apply to NOPSEMA for an exemption from the operation of specified provisions of this Part.
Note: NOPSEMA will issue guidelines regarding the granting of exemptions under this section.
 (2) NOPSEMA may also, on its own initiative, exempt an operator of a facility from the operation of specified provisions of this Part.
 (3) NOPSEMA may grant an exemption if it considers that, in all the circumstances, it is appropriate to do so.
 (4) An exemption granted under this section must be in writing.
 (5) NOPSEMA may specify conditions and limitations on an exemption.

Part 5—Validation

2.39A  Purpose of this Part
  This Part is made for the purposes of section 639 of the Act.

2.40  Validation of design, construction and installation of proposed facility or significant change to existing facility
 (1) NOPSEMA may, by notice in writing, require the operator of a proposed facility, or an existing facility, to provide a validation:
 (a) in respect of the proposed facility; or
 (b) in respect of a proposed significant change to the existing facility.
 (2) A validation of a proposed facility is a statement in writing by an independent validator in respect of the design, construction and installation (including instrumentation, process layout and process control systems) of the facility, to the extent that these matters are covered by the scope of the validation agreed between NOPSEMA and the operator.
 (3) A validation of a proposed significant change to an existing facility is a statement in writing by an independent validator in respect of the proposed change, to the extent required by the scope of the