72Requirements for grant of application and approval of management plan

72 Requirements for grant of application and approval of management plan

(1) The Regulator may only grant the application if the Regulator is satisfied: (a) that the plan addresses the matters mentioned in section 115 of the Act (including the matters prescribed in this instrument for the purposes of paragraph 115(1)(h) of the Act, and any matters required by the Regulator under subsection 115(3) of the Act); and (b) that approving the plan would be consistent with: (i) the Act (including this instrument); and (ii) any conditions of a declaration that apply to the relevant licence (or, if the relevant licence is a proposed commercial licence, will apply to the relevant licence) under section 20 of the Act; and (iii) any direction given to the licence holder, and any determination or requirement that applies to the licence holder, under the Act (including this instrument); and (c) that the applicant has: (i) carried out the consultation required by subsection 48(2); and (ii) complied with any requirements to carry out consultation imposed by the Regulator under subsection 53(3); and (d) if section 96 requires the applicant to give the Regulator a design notification: (i) that the applicant has complied with the requirement; and (ii) that the Regulator has given feedback on the design notification under section 99; and (e) if the relevant licence is in force, and the application is an initial plan approval application—that the licence holder has provided, in accordance with the plan, any financial security required by section 117 of the Act in relation to the licence activities (subject to section 103 of this instrument); and (f) if the relevant licence is in force, and the application is a plan revision approval application—that the licence holder has provided, in accordance with the plan as proposed to be revised, any financial security required by section 117 of the Act in relation to the licence activities (subject to section 103 of this instrument); and (g) if the relevant licence has been granted (whether or not the relevant licence is in force)—that approving the plan would be consistent with any conditions on the relevant licence; and (h) of the other matters that provisions of Division 5 of this Part require the Regulator to be satisfied of in order to approve the plan.

Note: Division 5 of this Part prescribes matters that a plan for a relevant licence must address, and also includes other provisions relating to the Regulator’s consideration of whether to approve the plan (including particular matters that the Regulator must be satisfied of in order to approve the plan).

(2) In considering whether to grant the application, the Regulator must have regard to: (a) the purpose of the relevant licence; and (b) the nature and scale of the licence activities; and (c) the stage that the offshore infrastructure project to be carried out under the relevant licence is at; and (d) if the relevant licence is not a commercial licence or a feasibility licence—how similar the offshore infrastructure project described in the plan is to the proposed project for the relevant licence as described in the application for the relevant licence; and (e) if a design notification has been given in relation to the design of licence infrastructure for the relevant licence, and the Regulator has given feedback on the design notification—whether the licence holder has adequately addressed the feedback; and (f) any other matters the Regulator considers relevant.