Document ID: chunk:federal_register_of_legislation:F2023L00998:reg:26:p1
Version: federal_register_of_legislation:F2023L00998
Segment Type: reg
Provision Reference: reg 26 (pt 1/2)
Character Range: 46019–48623

26  Submission of environment plan
 (1) Before commencing an activity under a title, the titleholder must submit an environment plan for the activity to NOPSEMA.
 (2) An applicant for a petroleum access authority, petroleum special prospecting authority, pipeline licence, greenhouse gas search authority or greenhouse gas special authority:
 (a) may submit an environment plan for an activity under the authority or licence to NOPSEMA; and
 (b) is taken to be a titleholder for the purposes of this Division and Divisions 2 and 3.
Note: It is an offence to undertake an activity under a title without an environment plan being in force for the activity (see section 17).

 Submission of plan for offshore project
 (3) However, an environment plan for an activity that is, or is part of, an offshore project may be submitted only if:
 (a) there is an accepted offshore project proposal that includes that activity; or
 (b) the Environment Minister:
 (i) has made a decision under section 75 of the EPBC Act that an action that is equivalent to or includes the activity is not a controlled action; or
 (ii) has made a component decision under section 77A of the EPBC Act that a particular provision of Part 3 of that Act is not a controlling provision for an action that is equivalent to or includes the activity, because the Environment Minister believes the action will be taken in a particular manner; or
 (iii) has approved, under Part 9 of the EPBC Act, the taking of an action that is equivalent to or includes the activity.
 (4) If an environment plan for an activity is submitted in contravention of subsection (3), the plan is taken not to have been submitted.
 (5) Despite section 146D of the EPBC Act, an approval by the Environment Minister under section 146B of that Act is not taken to be an approval under Part 9 of that Act of the taking of an action for the purposes of subparagraph (3)(b)(iii) of this section.

Form of environment plan
 (6) An environment plan must be in writing.
 (7) An environment plan may, if NOPSEMA approves, relate to:
 (a) one or more stages of an activity; or
 (b) an activity in one or more identified locations specified in the plan; or
 (c) more than one activity; or
 (d) an activity or activities to be undertaken under 2 or more titles held by different titleholders.
 (8) All sensitive information (if any) in an environment plan, and the full text of any response by a relevant person to consultation under section 25 in the course of preparation of the plan, must be contained in the sensitive information part of the plan and not anywhere else in the