sec.100ACChief inspector to decide application for exemption from particular requirement

### sec.100AC Chief inspector to decide application for exemption from particular requirement In deciding an application for an exemption from a requirement mentioned in section 100AA , the chief inspector may seek advice or recommendations from a technical advisory committee for coal seam gas established under the Petroleum and Gas (Production and Safety) Act 2004 , section 732B . If advice or recommendations obtained by the chief inspector under subsection (1) are adverse to the site senior executive, the chief inspector must, before making a decision about whether to grant the exemption, give the site senior executive— a copy of the advice or recommendations; and at least 15 business days to make submissions to the chief inspector about the advice or recommendations. The chief inspector must either give the exemption, with or without conditions, or refuse the application. The chief inspector may give the exemption only if— the chief inspector, petroleum and gas agrees; and the requirement stated in subsection (5) is complied with for the exemption. For subsection (4) (b) , the requirement is that the chief inspector is reasonably satisfied— that if the exemption is granted— the likely impact on the future safe and efficient mining of coal is low; and it is unlikely to cause a level of risk to the safe mining, or future mining, of coal that is more than an acceptable level of risk; and that the likely impact mentioned in paragraph (a) (i) , and the level of risk mentioned in paragraph (a) (ii) , are easily and reliably quantifiable; and a coal seam that is unlikely to be economically mined in the next 25 years due to unfavourable quality, the thickness or depth of the seam, the seam being discontinuous or structurally disturbed, or the seam being intruded or affected by heat a coal seam that is likely to be mined but alternative safety measures are proposed that reduce the level of risk so it is less than or equal to the level of risk that would be achieved under the relevant requirement that if the exemption is granted, the likely impact on the future safe and efficient production of petroleum is low. Without limiting subsection (3) , a condition may require the site senior executive to comply with stated alternative safety measures within the meaning of section 100AB . The chief inspector must give the site senior executive notice of the decision. (sec.100AC-ssec.1) In deciding an application for an exemption from a requirement mentioned in section 100AA , the chief inspector may seek advice or recommendations from a technical advisory committee for coal seam gas established under the Petroleum and Gas (Production and Safety) Act 2004 , section 732B . (sec.100AC-ssec.2) If advice or recommendations obtained by the chief inspector under subsection (1) are adverse to the site senior executive, the chief inspector must, before making a decision about whether to grant the exemption, give the site senior executive— a copy of the advice or recommendations; and at least 15 business days to make submissions to the chief inspector about the advice or recommendations. (sec.100AC-ssec.3) The chief inspector must either give the exemption, with or without conditions, or refuse the application. (sec.100AC-ssec.4) The chief inspector may give the exemption only if— the chief inspector, petroleum and gas agrees; and the requirement stated in subsection (5) is complied with for the exemption. (sec.100AC-ssec.5) For subsection (4) (b) , the requirement is that the chief inspector is reasonably satisfied— that if the exemption is granted— the likely impact on the future safe and efficient mining of coal is low; and it is unlikely to cause a level of risk to the safe mining, or future mining, of coal that is more than an acceptable level of risk; and that the likely impact mentioned in paragraph (a) (i) , and the level of risk mentioned in paragraph (a) (ii) , are easily and reliably quantifiable; and a coal seam that is unlikely to be economically mined in the next 25 years due to unfavourable quality, the thickness or depth of the seam, the seam being discontinuous or structurally disturbed, or the seam being intruded or affected by heat a coal seam that is likely to be mined but alternative safety measures are proposed that reduce the level of risk so it is less than or equal to the level of risk that would be achieved under the relevant requirement that if the exemption is granted, the likely impact on the future safe and efficient production of petroleum is low. (sec.100AC-ssec.6) Without limiting subsection (3) , a condition may require the site senior executive to comply with stated alternative safety measures within the meaning of section 100AB . (sec.100AC-ssec.7) The chief inspector must give the site senior executive notice of the decision. - (a) a copy of the advice or recommendations; and - (b) at least 15 business days to make submissions to the chief inspector about the advice or recommendations. - (a) the chief inspector, petroleum and gas agrees; and - (b) the requirement stated in subsection (5) is complied with for the exemption. - (a) that if the exemption is granted— (i) the likely impact on the future safe and efficient mining of coal is low; and (ii) it is unlikely to cause a level of risk to the safe mining, or future mining, of coal that is more than an acceptable level of risk; and - (i) the likely impact on the future safe and efficient mining of coal is low; and - (ii) it is unlikely to cause a level of risk to the safe mining, or future mining, of coal that is more than an acceptable level of risk; and - (b) that the likely impact mentioned in paragraph (a) (i) , and the level of risk mentioned in paragraph (a) (ii) , are easily and reliably quantifiable; and - (i) the likely impact on the future safe and efficient mining of coal is low; and - (ii) it is unlikely to cause a level of risk to the safe mining, or future mining, of coal that is more than an acceptable level of risk; and - (c) that if the exemption is granted, the likely impact on the future safe and efficient production of petroleum is low.