5DActions after publication of offshore project proposal

#### 5D Actions after publication of offshore project proposal (1) As soon as practicable after the end of the period of public comment for an offshore project proposal mentioned in subparagraph 5C(3)(b)(ii), the proponent: (a) may alter the content of the proposal; and (b) must give the Regulator another copy of the proposal (whether or not the proponent has altered its content); and (c) must include with the copy of the proposal: (i) a summary of all comments received; and (ii) an assessment of the merits of each objection or claim about the project or any activity that is part of the project; and (iii) a statement of the proponent’s response or proposed response to each objection or claim, including a demonstration of the changes, if any, that have been made to the proposal as a result of an objection or claim. (2) If the proponent gives the Regulator a copy of the proposal as described in paragraph (1)(b), the Regulator may request the proponent to provide further written information about: (a) any matter required by regulation 5A to be included in the proposal; or (b) any matter required by paragraph (1)(c) to be included with a copy of the proposal. (3) The request must: (a) be in writing; and (b) set out each matter for which information is requested; and (c) specify a reasonable period within which the information is to be provided. (4) If the proponent receives a request, and provides information requested by the Regulator within the period specified or within a longer period agreed to by the Regulator: (a) if the information is about a matter required by regulation 5A to be included in the proposal—the information becomes part of the proposal and the Regulator must have regard to the information as if it had been included in the submitted proposal; and (b) if the information is about a matter required by paragraph (1)(c) to be included with a copy of the proposal—the Regulator must have regard to the information as if it had been so included. (5) Within 30 days after the proponent gives the Regulator a copy of the proposal as described in paragraph (1)(b): (a) if the Regulator is reasonably satisfied that the proposal meets the criteria set out in subregulation (6), the Regulator must accept the proposal; or (b) if the Regulator is not reasonably satisfied that the proposal meets the criteria set out in subregulation (6), the Regulator must refuse to accept the proposal; or (c) if the Regulator is unable to make a decision on the proposal within the 30 day period, the Regulator must give the proponent notice in writing and set out a proposed timetable for consideration of the proposal. (6) For subregulation (5), the criteria are that the proposal: (a) adequately addresses comments given during the period for public comment; and (b) is appropriate for the nature and scale of the project; and (c) appropriately identifies and evaluates the environmental impacts and risks of the project; and (d) sets out appropriate environmental performance outcomes that: (i) are consistent with the principles of ecologically sustainable development; and (ii) demonstrate that the environmental impacts and risks of the project will be managed to an acceptable level; and (e) does not involve an activity or part of an activity being undertaken in any part of a declared World Heritage property within the meaning of the EPBC Act. (7) If the Regulator accepts the proposal, the Regulator must, within 10 days after making the decision, publish the accepted proposal on the Regulator’s website. (8) If the Regulator refuses to accept the proposal, the Regulator must, as soon as practicable: (a) notify the proponent, in writing, of the decision; and (b) publish a notice on the Regulator’s website setting out the decision and the reasons for it. (9) A decision by the Regulator to accept, or refuse to accept, the proposal is not invalid only because the Regulator did not comply with the 30 day period in subregulation (5) in relation to the proposal.