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Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023
30Public comments on seismic or exploratory drilling environment plan
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30 Public comments on seismic or exploratory drilling environment plan
NOPSEMA must invite comments from the public
(1) When NOPSEMA publishes a seismic or exploratory drilling environment plan (with the sensitive information part removed) on NOPSEMA’s website under section 28, NOPSEMA must also publish in the same place an invitation for any person:
(a) to give NOPSEMA, within 30 days, written comments on the matters described in Division 2 (Contents of an environment plan) in relation to the plan; and
(b) to request in the person’s comments that particular information in the comments not be published.
NOPSEMA must give titleholder copies of comments
(2) As soon as practicable after receiving comments described in subsection (1) within the period mentioned in that subsection, NOPSEMA must give a copy of the comments to the titleholder who submitted the plan.
What titleholder must do after period for comments ends
(3) After the end of the period mentioned in subsection (1), the titleholder who submitted the plan:
(a) may modify the plan; and
(b) must (whether the titleholder modifies the plan or not) resubmit the plan (as modified, if relevant) to NOPSEMA within 12 months after the end of that period; and
(c) if the titleholder received a copy of comments under subsection (2)—must, when resubmitting the plan under paragraph (b), give NOPSEMA a written statement:
(i) responding in general terms to the comments; and
(ii) indicating whether any modifications of the plan were made in response to the comments; and
(iii) referring to any modifications made in response to the comments.
Note: See subsection (7) for the consequences if the titleholder does not comply with paragraph (b) of this subsection.
(4) The statement under paragraph (3)(c) must not include sensitive information relating to the plan.
NOPSEMA must publish plan and statement within 5 business days
(5) Within 5 business days after receiving the plan under paragraph (3)(b), NOPSEMA must:
(a) publish it on NOPSEMA’s website with the sensitive information part removed; and
(b) if NOPSEMA receives a statement under paragraph (3)(c) with the plan—publish the statement on NOPSEMA’s website.
NOPSEMA must consider comments in acting under section 33
(6) In making a decision to take an action under section 33 relating to the plan, NOPSEMA:
(a) must consider the comments (if any) described in subsection (2) of this section; and
(b) must not consider other comments from members of the public relating to the plan.
If plan is not resubmitted within 12 months after public comment period
(7) If the titleholder who submitted the plan does not comply with paragraph (3)(b), the titleholder is taken for the purposes of this instrument and the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2022 to have withdrawn the plan under subsection 37(1) of this instrument at the end of the 12 months mentioned in that paragraph.
Note: Subsection 37(2) requires NOPSEMA to publish notice of the withdrawal on NOPSEMA’s website.