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Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023
19Operations must not continue if new or increased environmental risk identified
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19 Operations must not continue if new or increased environmental risk identified
(a) the titleholder undertakes an activity under the title after the occurrence of:
(i) any significant new environmental impact or risk arising from the activity; or
(ii) any significant increase in an existing environmental impact or risk arising from the activity; and
(b) the new impact or risk, or increase in the impact or risk, is not provided for in the environment plan in force for the activity.
(2) Subsection (1) does not apply in relation to an activity if:
(a) the titleholder has submitted a revised environment plan for the activity in accordance with subsection 39(2); and
(b) NOPSEMA has not refused to accept the revised environment plan.
Note 1: Under subsection 39(2), the titleholder is required to submit a revised environment plan before, or as soon as practicable after, the occurrence of a significant new, or significantly increased, environmental impact or risk of the activity.
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).