22Implementation strategy for environment plan

22  Implementation strategy for environment plan  (1) The environment plan must contain an implementation strategy for the activity in accordance with this section. Environmental management system  (2) The implementation strategy must contain a description of the environmental management system for the activity, including specific measures to be used to ensure that, for the duration of the activity:  (a) the environmental impacts and risks of the activity continue to be identified and reduced to a level that is as low as reasonably practicable; and  (b) control measures detailed in the environment plan are effective in reducing the environmental impacts and risks of the activity to as low as reasonably practicable and an acceptable level; and  (c) environmental performance outcomes and environmental performance standards in the environment plan are being met. Responsibilities of employees and contractors  (3) The implementation strategy must establish a clear chain of command, setting out the roles and responsibilities of employees and contractors in relation to the implementation, management and review of the environment plan, including during emergencies or potential emergencies.  (4) The implementation strategy must include measures to ensure that each employee or contractor working on, or in connection with, the activity is aware of the employee’s or contractor’s responsibilities in relation to the environment plan, including during emergencies or potential emergencies, and has the appropriate competencies and training. Monitoring and reporting  (5) The implementation strategy must provide for sufficient monitoring, recording, audit, management of non‑conformance and review of the titleholder’s environmental performance and the implementation strategy to ensure that the environmental performance outcomes and environmental performance standards in the environment plan are being met.  (6) The implementation strategy must provide for sufficient monitoring of, and maintaining a quantitative record of, emissions and discharges (whether occurring during normal operations or otherwise), such that the record can be used to assess whether the environmental performance outcomes and environmental performance standards in the environment plan are being met.  (7) The implementation strategy must state when the titleholder will report to NOPSEMA in relation to the titleholder’s environmental performance for the activity. The interval between reports must not be more than 12 months. Note: Section 51 requires a titleholder to report on environmental performance at the times or intervals set out in the environment plan. Oil pollution emergency response  (8) The implementation strategy must contain an oil pollution emergency plan and provide for the updating of the plan.  (9) The oil pollution emergency plan must include adequate arrangements for responding to and monitoring oil pollution, including the following:  (a) the control measures necessary for timely response to an emergency that results or may result in oil pollution;  (b) the arrangements and capability that will be in place, for the duration of the activity, to ensure timely implementation of the control measures, including arrangements for ongoing maintenance of response capability;  (c) the arrangements and capability that will be in place for monitoring the effectiveness of the control measures and ensuring that the environmental performance standards for the control measures are met;  (d) the arrangements and capability in place for monitoring oil pollution to inform response activities.  (10) The implementation strategy must provide for monitoring of impacts to the environment from oil pollution and response activities that:  (a) is appropriate to the nature and scale of the risk of environmental impacts of the activity; and  (b) is sufficient to inform any remediation activities.  (11) The implementation strategy must include information demonstrating that the response arrangements in the oil pollution emergency plan are consistent with the national system for oil pollution preparedness and response. Testing oil pollution emergency response arrangements  (12) The implementation strategy must include arrangements for testing the response arrangements in the oil pollution emergency plan. The testing arrangements must be appropriate to the response arrangements and to the nature and scale of the risk of oil pollution for the activity.  (13) The testing arrangements must include:  (a) a statement of the objectives of testing; and  (b) a proposed schedule of tests; and  (c) mechanisms to examine the effectiveness of response arrangements against the objectives of testing; and  (d) mechanisms to address any recommendations arising from tests.  (14) For the purposes of paragraph (13)(b), the proposed schedule of tests must provide for the following:  (a) testing the response arrangements when they are introduced;  (b) testing the response arrangements when they are significantly amended;  (c) testing the response arrangements not later than 12 months after the most recent test;  (d) if a new location for the activity is added to the environment plan after the response arrangements have been tested, and before the next test is scheduled to be conducted—testing the response arrangements in relation to the new location as soon as practicable after it is added to the plan;  (e) if a facility becomes operational after the response arrangements have been tested and before the next test is scheduled to be conducted—testing the response arrangements in relation to the facility when it becomes operational. Consultation and compliance  (15) The implementation strategy must provide for appropriate consultation with:  (a) relevant authorities of the Commonwealth, a State or a Territory; and  (b) other relevant interested persons or organisations.  (16) The implementation strategy must comply with the Act, this instrument, any other regulations made under the Act, and any other environmental legislation applying to the activity.