31Director may determine safety case

31 Director may determine safety case

(1)  The Director may determine the safety case which is to apply in respect of gas infrastructure which is in operation at the time of the determination if –

(a) the licensee fails to submit a safety case for the gas infrastructure in accordance with this Act; or

(b) the Director has decided not to accept a safety case for the gas infrastructure.

(2)  If the Director determines the safety case to apply to gas infrastructure under this section –

(a) the Director must give notice in writing to the licensee of that determination; and

(b) the licensee must pay the costs associated with determining the safety case.

(3)  On notice being given to the licensee under subsection (2) , the safety case determined by the Director is taken for the purposes of this Act to be the accepted safety case for the gas infrastructure to which it applies.

(4)  Nothing in subsection (3) prevents a licensee from submitting a safety case or a revised safety case for gas infrastructure to the Director for acceptance under this Division.