CTHRepealedLegislation
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
17Revision because of a change, or proposed change, of circumstances or operations
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#### 17 Revision because of a change, or proposed change, of circumstances or operations
New activity
(1) A titleholder may, with the Regulator’s approval, submit to the Regulator a proposed revision of an environment plan before the commencement of a new activity.
Submission of revision for activity in offshore project
(2) However, a titleholder may submit a proposed revision of an environment plan for a new activity that is, or is part of, an offshore project only if:
(a) the Regulator has accepted an offshore project proposal that includes the new activity; or
(b) the Environment Minister:
(i) has made a decision under section 75 of the EPBC Act that an action that is equivalent to or includes the new activity is not a controlled action; or
(ii) has made a component decision under section 77A of the EPBC Act that a particular provision of Part 3 of that Act is not a controlling provision for an action that is equivalent to or includes the new activity, because the Minister believes the action will be taken in a particular manner; or
(iii) has approved, under Part 9 of the EPBC Act, the taking of an action that is equivalent to or includes the new activity.
(3) If a titleholder submits a proposed revision of an environment plan for a new activity in contravention of subregulation (2), the revision is taken not to have been submitted.
(4) For subparagraph (2)(b)(iii), despite section 146D of the EPBC Act an approval by the Environment Minister under section 146B of that Act is not taken to be an approval under Part 9 of that Act of the taking of an action.
Significant modification or new stage of activity
(5) A titleholder must submit to the Regulator a proposed revision of the environment plan for an activity before the commencement of any significant modification or new stage of the activity that is not provided for in the environment plan as currently in force.
New or increased environmental impact or risk
(6) A titleholder must submit a proposed revision of the environment plan for an activity before, or as soon as practicable after:
(a) the occurrence of any significant new environmental impact or risk, or significant increase in an existing environmental impact or risk, not provided for in the environment plan in force for the activity; or
(b) the occurrence of a series of new environmental impacts or risks, or a series of increases in existing environmental impacts or risks, which, taken together, amount to the occurrence of:
(i) a significant new environmental impact or risk; or
(ii) a significant increase in an existing environmental impact or risk;
that is not provided for in the environment plan in force for the activity.
Change in titleholder
(7) If a change in the titleholder will result in a change in the manner in which the environmental impacts and risks of an activity are managed, the new titleholder must submit a proposed revision of the environment plan for the activity as soon as practicable.
Transitional arrangements—changes to management of impacts and risks
(8) Subregulation (9) applies if:
(a) a titleholder proposes to change the manner in which the environmental impacts and risks of an activity are managed from the way in which they are managed under the environment plan in force for the activity; and
(b) the environment plan was in force immediately before 28 February 2014.
(9) The titleholder must submit a proposed revision of the environment plan no later than 31 August 2014.
(10) Subregulation (11) applies if:
(a) a titleholder proposes to change the manner in which the environmental impacts and risks of an activity are managed from the way in which they are managed under the environment plan in force for the activity; and
(b) regulation 44 applied to the acceptance of the environment plan (whether as a new plan or as a revision of an earlier plan).
(11) The titleholder must submit a proposed revision of the environment plan within 6 months after the day on which the Regulator notified the titleholder that the environment plan was accepted.