CTHRepealedLegislation
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
10Making decision on submitted environment plan
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#### 10 Making decision on submitted environment plan
(1) Within 30 days after the day described in subregulation (1A) for an environment plan submitted by a titleholder:
(a) if the Regulator is reasonably satisfied that the environment plan meets the criteria set out in regulation 10A, the Regulator must accept the plan; or
(b) if the Regulator is not reasonably satisfied that the environment plan meets the criteria set out in regulation 10A, the Regulator must give the titleholder notice in writing under subregulation (2); or
(c) if the Regulator is unable to make a decision on the environment plan within the 30 day period, the Regulator must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan.
(1A) For the purposes of subregulation (1), the day is:
(a) the day the Regulator publishes the plan (with the sensitive information part removed) under regulation 9AB; or
(b) if the environment plan is a seismic or exploratory drilling environment plan—the day the Regulator receives the documents under paragraph 11B(3)(b) and, if relevant, paragraph 11B(3)(c).
> Note 1: Those paragraphs are about documents that must be given to the Regulator after the end of a 30‑day period for public comment on a seismic or exploratory drilling environment plan. Regulation 11B requires the Regulator to consider certain public comments on a seismic or exploratory drilling environment plan in making a decision to take action under this regulation.
> Note 2: A seismic or exploratory drilling environment plan is taken to have been withdrawn (so the Regulator need not act under this regulation in relation to it) if the Regulator does not receive the documents under paragraph 11B(3)(b) and, if relevant, paragraph 11B(3)(c): see subregulation 11B(7).
(2) A notice to a titleholder under this subregulation must:
(a) state that the Regulator is not reasonably satisfied that the environment plan submitted by the titleholder meets the criteria set out in regulation 10A; and
(b) identify the criteria set out in regulation 10A about which the Regulator is not reasonably satisfied; and
(c) set a date by which the titleholder may resubmit the plan.
(3) The date referred to in paragraph (2)(c) must give the titleholder a reasonable opportunity to modify and resubmit the plan.
(4) Within 30 days after the titleholder has resubmitted the modified plan:
(a) if the Regulator is reasonably satisfied that the environment plan meets the criteria set out in regulation 10A, the Regulator must accept the plan; or
(b) if the Regulator is still not reasonably satisfied that the environment plan meets the criteria set out in regulation 10A, the Regulator must:
(i) give the titleholder a further notice under subregulation (2); or
(ii) refuse to accept the plan; or
(iii) act under subregulation (6); or
(c) if the Regulator is unable to make a decision on the environment plan within the 30 day period, the Regulator must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan.
(5) If the titleholder does not resubmit the plan by the date referred to in paragraph (2)(c), or a later date agreed to by the Regulator, the Regulator must:
(a) refuse to accept the plan; or
(b) act under subregulation (6).
(6) For subparagraph (4)(b)(iii) and paragraph (5)(b), the Regulator may do either or both of the following:
(a) accept the plan in part for a particular stage of the activity;
(b) accept the plan subject to limitations or conditions applying to operations for the activity.
(7) A decision by the Regulator to accept, or refuse to accept, an environment plan is not invalid only because the Regulator did not comply with the 30 day period in subregulation (1) or (4).