9Submission of an environment plan

#### 9 Submission of an environment plan (1) Before commencing an activity, a titleholder must submit an environment plan for the activity to the Regulator. (2) An applicant for a petroleum access authority, petroleum special prospecting authority, pipeline licence, greenhouse gas search authority or greenhouse gas special authority: (a) may submit an environment plan for an activity under the authority or licence to the Regulator; and (b) is taken to be a titleholder for the purposes of this Division and Divisions 2.2A, 2.2B and 2.3. Submission of plan for offshore project (3) However, a titleholder (or an applicant for a title) may submit an environment plan for an activity that is, or is part of, an offshore project only if: (a) the Regulator has accepted an offshore project proposal that includes that 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 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 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 activity. (4) If a titleholder (or an applicant for a title) submits an environment plan for an activity in contravention of subregulation (3), the plan is taken not to have been submitted. (5) For subparagraph (3)(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. Form of environment plan (6) An environment plan must be in writing. (7) An environment plan may, if the Regulator approves, relate to: (a) one or more stages of an activity; or (b) a specified activity in one or more identified locations specified in the plan; or (c) more than one activity; or (d) an activity or activities to be undertaken under 2 or more titles held by different titleholders. (8) All sensitive information (if any) in an environment plan, and the full text of any response by a relevant person to consultation under regulation 11A in the course of preparation of the plan, must be contained in the sensitive information part of the plan and not anywhere else in the plan. > Note: Subparagraph 16(b)(iv) requires the plan to contain a copy of the full text of any response by a relevant person to consultation under regulation 11A in the course of preparation of the plan.