CTHRepealedLegislation
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
11BPublic comments on seismic or exploratory drilling environment plan
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#### 11B Public comments on seismic or exploratory drilling environment plan
Regulator must invite comments from the public
(1) When the Regulator publishes a seismic or exploratory drilling environment plan (with the sensitive information part removed) on the Regulator’s website under regulation 9AB, the Regulator must also publish in the same place an invitation for any person:
(a) to give the Regulator, within 30 days, written comments on the matters described in Division 2.3 (Contents of an environment plan) in relation to the plan; and
(b) to request in the person’s comments that particular information in the comments not be published.
Regulator must give titleholder copies of comments
(2) As soon as practicable after receiving comments described in subregulation (1) within the period mentioned in that subregulation, the Regulator must give a copy of the comments to the titleholder who submitted the plan.
What titleholder must do after period for comments ends
(3) After the end of the period mentioned in subregulation (1), the titleholder:
(a) may modify the plan; and
(b) must (whether the titleholder modifies the plan or not) resubmit the plan (as modified, if relevant) to the Regulator within 12 months after the end of that period; and
(c) if the titleholder received a copy of comments under subregulation (2)—must, when resubmitting the plan under paragraph (b), give the Regulator a written statement:
(i) responding in general terms to the comments; and
(ii) indicating whether any modifications of the plan were made in response to the comments; and
(iii) referring to any modifications made in response to the comments.
> Note: See subregulation (7) for the consequences if the titleholder does not comply with paragraph (3)(b).
(4) The statement must not include sensitive information relating to the plan.
Regulator must publish plan and statement within 5 business days
(5) Within 5 business days after receiving the plan under paragraph (3)(b), the Regulator must:
(a) publish it on the Regulator’s website with the sensitive information part removed; and
(b) if the Regulator receives a statement under paragraph (3)(c) with the plan—publish the statement on the Regulator’s website.
Regulator must consider comments in acting under regulation 10
(6) In making a decision to take an action under regulation 10 relating to the plan, the Regulator:
(a) must consider the comments (if any) described in subregulation (2) of this regulation; and
(b) must not consider other comments from members of the public relating to the plan.
If plan is not resubmitted within 12 months after public comment period
(7) If the titleholder does not comply with paragraph (3)(b), the titleholder is taken for the purposes of these Regulations and the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2022 to have withdrawn the plan under subregulation 11AA(1) at the end of the 12 months mentioned in that paragraph.
> Note: Subregulation 11AA(2) requires the Regulator to publish notice of the withdrawal on the Regulator’s website.