Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:2:p25
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 2 (pt 25/32)
Character Range: 89515–92051

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 the safety case; or
 (iii) to accept the safety case for one or more specified stages in the life of the facility, but not for every stage in the life of the facility, in respect of which the safety case was submitted and to reject the rest of the safety case; or
 (iv) to accept the safety case subject to conditions or limitations; or
 (b) notify the operator of the facility, in writing, that NOPSEMA is unable to make a decision about the safety case within the period of 90 days, and set out a proposed timetable for its consideration of the safety case.
 (2) A failure by NOPSEMA to comply with subsection (1) in relation to a safety case does not affect the validity of a decision by NOPSEMA to accept or reject the safety case.
 (3) A notice under paragraph (1)(a) must include the terms of the decision (including any limitations or conditions) and the reasons for it.

2.28  Consent to conduct activity in a manner different from safety case
 (1) NOPSEMA may, by notice in writing given to the operator of a facility, consent to the conduct of an activity in a manner that is different from the safety case in force in relation to the facility.
 (2) NOPSEMA must not give a consent under subsection (1) unless it is satisfied that there will not be 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 activity in relation to the facility.

2.29  Duties under Part 2 of Schedule 3 to the Act
  The acceptance of a safety case for a facility by NOPSEMA, or compliance by the operator of a facility or another person with a safety case for a facility that has been accepted by NOPSEMA, does not derogate from the duties of the operator or person under Part 2 of Schedule 3 to the Act.

Division 3—Revised safety cases

2.30  Revision of a safety case because of a change of circumstances or operations
 (1) Subject to subsection (4), the operator of a facility for which a safety case is in force must submit a revised safety case to NOPSEMA as soon as practicable if:
 (a) the technical knowledge relied upon to formulate the safety case, including the knowledge of systems for identifying hazards and evaluating risks of major accident events, has become outdated so that the safety case