Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:9:p17
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 9 (pt 17/18)
Character Range: 60995–63736

been submitted.

Division 4—Withdrawal of acceptance of a safety case

2.37  Grounds for withdrawal of acceptance
 (1) NOPSEMA may, by written notice to the operator of a facility, withdraw the acceptance of the safety case for the facility on any of the following grounds:
 (a) the operator has not complied with:
 (i) Schedule 3 to the Act; or
 (ii) a notice issued by an OHS inspector under Schedule 3 to the Act; or
 (iii) regulation 2.30, 2.31 or 2.32; or
 (b) NOPSEMA has rejected a revised safety case under regulation 2.34.
 (2) A notice under subregulation (1) must contain a statement of the reasons for the decision.

2.38  Notice before withdrawal of acceptance
 (1) Before withdrawing the acceptance of a safety case for a facility, NOPSEMA must give the operator at least 30 days notice, in writing, of its intention to withdraw the acceptance.
 (2) NOPSEMA may give a copy of the notice to such other persons as it thinks fit.
 (3) NOPSEMA must specify, in the notice, a date (the cut‑off date) on or before which the operator (or other person to whom a copy of the notice has been given) may submit to NOPSEMA in writing, matters that NOPSEMA should take into account when deciding whether to withdraw the acceptance.
 (4) NOPSEMA must take into account:
 (a) any action taken by the operator:
 (i) to remove a ground for withdrawal of acceptance; or
 (ii) to prevent the recurrence of a ground for removal of acceptance; and
 (b) any matter submitted under subregulation (3) before the cut‑off date.

Division 5—Exemptions

2.39  NOPSEMA may give an exemption
  NOPSEMA may, by notice in writing, exempt the operator from the operation of 1 or more provisions of this Part.
Note: NOPSEMA will issue a policy regarding the granting of exemptions under this regulation.

Part 3—Validation

2.40  Validation of design, construction and installation, significant modification or decommissioning of a 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 an 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