18Revision on request by the Regulator

#### 18 Revision on request by the Regulator (1) A titleholder must submit to the Regulator a proposed revision of the environment plan for an activity if the Regulator requests the titleholder to do so. (2) A request by the Regulator must be in writing and set out the following: (a) the matters to be addressed by the revision; (b) the proposed date of effect of the revision; (c) the grounds for the request. (3) The titleholder may make a submission in writing to the Regulator stating the titleholder’s reasons for 1 or more of the following matters: (a) why the revision should not occur; (b) why the revision should be in different terms from the proposed terms; (c) whether or not the titleholder gives other reasons—why the revision should take effect on a date later than the proposed date. (4) A submission by the titleholder must be made within 21 days after receiving the request, or within any longer period that the Regulator in writing allows. (5) If a submission complies with subregulations (3) and (4), the Regulator must: (a) decide whether to accept 1 or more of the reasons stated in the submission; and (b) give the titleholder notice in writing of the decision; and (c) to the extent (if any) that the Regulator accepts the reasons, give the titleholder notice in writing that varies or withdraws the request in accordance with the decision; and (d) to the extent (if any) that the Regulator does not accept the reasons, give the titleholder notice in writing of the grounds for not accepting them. (6) A titleholder must comply with a request made by the Regulator under subregulation (1) and not withdrawn, or with a variation of a request under paragraph (5)(c), as soon as practicable. (7) Subregulations (8) to (13) apply if an environment plan: (a) was accepted by the Designated Authority before the commencement day; and (b) is continued in force under regulation 40. > Note: As a result of amendments made by the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011, NOPSEMA, as the new Regulator, may consider it appropriate to request revision of environment plans that were accepted by a different Regulator. (8) The titleholder for the activity to which the plan relates must submit to the Regulator a proposed revision of the plan if the Regulator requests the titleholder to do so. (9) The Regulator may make a request under subregulation (8) if the Regulator is not satisfied that the environment plan meets one or more of the criteria set out in subregulation 11(1). (10) If the Regulator makes a request under subregulation (8), the Regulator must identify the criteria set out in subregulation 11(1) about which the Regulator is not satisfied. (11) If the Regulator makes a request under subregulation (8), the titleholder may, within 21 days after receiving the request, or within a longer period that the Regulator, in writing, allows, make a written submission to the Regulator setting out the titleholder’s reasons why the plan meets the criteria identified by the Regulator in the request. (12) If a titleholder makes a submission under subregulation (11), the Regulator must: (a) decide whether to accept one or more of the reasons stated in the submission; and (b) give the titleholder notice, in writing, of the decision; and (c) to the extent (if any) that the Regulator accepts the reasons, give the titleholder notice, in writing, that varies or withdraws the request in accordance with the decision; and (d) to the extent (if any) that the Regulator does not accept the reasons, give the titleholder notice, in writing, of the grounds for not accepting them. (13) A titleholder must comply with a request made by the Regulator under subregulation (8) and not withdrawn, or a request as varied under paragraph (12)(c), as soon as practicable. (14) In this regulation: > commencement day means the day on which Part 1 of Schedule 2 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011 commences.