33Making decision on submitted environment plan

33  Making decision on submitted environment plan Initial decision  (1) If the event described in subsection (2) occurs for an environment plan submitted by a titleholder then, subject to section 16, NOPSEMA must:  (a) if NOPSEMA is reasonably satisfied that the environment plan meets the environment plan acceptance criteria—decide to accept the plan; or  (b) if NOPSEMA is not reasonably satisfied that the environment plan meets the environment plan acceptance criteria—decide to give the titleholder written notice under subsection (5) of this section. Note 1: Section 16 makes demonstration of financial assurance a prior condition for acceptance of an environment plan for petroleum titleholders. Note 2: Subsection 30(6) requires NOPSEMA to consider certain public comments on a seismic or exploratory drilling environment plan in making a decision to take an action under this section.  (2) For the purposes of subsection (1), the event is:  (a) if the environment plan is a seismic or exploratory drilling environment plan—NOPSEMA receives the resubmitted plan under paragraph 30(3)(b) and, if relevant, a written statement under paragraph 30(3)(c); or  (b) otherwise—NOPSEMA publishes the plan (with the sensitive information part removed) under section 28.  (3) A decision on the environment plan under subsection (1) must be made:  (a) within 30 days after the day the event described in subsection (2) occurs; or  (b) if NOPSEMA is unable to make a decision within that 30 day period and, before the end of that period, notifies the titleholder in writing of a later day by which a decision will be made—no later than that day.  (4) A failure to comply with subsection (3) does not affect the validity of NOPSEMA’s decision under subsection (1). Notice giving opportunity to resubmit  (5) A notice under this subsection must:  (a) state that NOPSEMA is not reasonably satisfied that the environment plan submitted by the titleholder meets the environment plan acceptance criteria; and  (b) identify the environment plan acceptance criteria about which NOPSEMA is not reasonably satisfied; and  (c) specify a day by which the titleholder may resubmit the plan.  (6) The day referred to in paragraph (5)(c) must give the titleholder a reasonable opportunity to modify and resubmit the plan. Decision if plan is resubmitted  (7) If the titleholder resubmits the plan by the day referred to in paragraph (5)(c), or a later date agreed by NOPSEMA, then, subject to section 16, NOPSEMA must:  (a) if NOPSEMA is reasonably satisfied that the environment plan meets the environment plan acceptance criteria—decide to accept the plan; or  (b) if NOPSEMA is still not reasonably satisfied that the environment plan meets the environment plan acceptance criteria—decide to:  (i) give the titleholder a further notice under subsection (5) of this section; or  (ii) accept the plan in part (for a particular stage of the activity), or subject to limitations or conditions applying to operations for the activity, or both; or  (iii) refuse to accept the plan. Note: Section 16 makes demonstration of financial assurance a prior condition for acceptance of an environment plan for petroleum titleholders.  (8) A decision on the environment plan under subsection (7) must be made:  (a) within 30 days after the plan is resubmitted; or  (b) if NOPSEMA is unable to make a decision within that 30 day period and, before the end of that period, notifies the titleholder in writing of a later day by which a decision will be made—no later than that day.  (9) A failure to comply with subsection (8) does not affect the validity of NOPSEMA’s decision under subsection (7). Decision if plan is not resubmitted  (10) If the titleholder does not resubmit the plan by the day referred to in paragraph (5)(c), or such later day as is agreed to by NOPSEMA, NOPSEMA must, subject to section 16, decide to:  (a) do either or both of the following:  (i) accept the plan as previously submitted in part (for a particular stage of the activity);  (ii) accept the plan as previously submitted subject to limitations or conditions applying to operations for the activity; or  (b) refuse to accept the plan. Note: Section 16 makes demonstration of financial assurance a prior condition for acceptance of an environment plan for petroleum titleholders.