43Energy Safe Victoria may determine safety case

43 Energy Safe Victoria may determine safety case

S. 43(1) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(1) Energy Safe Victoria may determine the safety case which is to apply in respect of a facility which is in operation at the time of the determination if—

(a) the gas company fails to submit a safety case for the facility in accordance with this Division; or

S. 43(1)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) Energy Safe Victoria has decided not to accept a safety case for the facility.

S. 43(2) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(2) If Energy Safe Victoria determines the safety case to apply to a facility under this section, Energy Safe Victoria must give notice in writing to the gas company of that determination.

S. 43(3) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(3) On notice being given to the gas company under subsection (2), the safety case determined by Energy Safe Victoria is deemed for the purposes of this Act to be the accepted safety case for the facility to which it applies.

S. 43(4) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(4) Nothing in subsection (3) prevents a gas company from submitting a safety case or a revised safety case for a facility to Energy Safe Victoria for acceptance under this Division.