138Notice to vary DSMS

138 Notice to vary DSMS

(1) NOPSEMA may give notice (a variation notice) to a diving contractor to vary a DSMS.

(2) A variation notice must be in writing and must set out—

(a) the matters to be varied; and

(b) the time within which the variation must be completed; and

(c) the reasons why the variation is necessary.

(3) The diving contractor may make a submission in writing to NOPSEMA, within 21 days after receiving the notice or any longer period that NOPSEMA allows in writing, setting out the contractor's reasons for any of the following—

(a) why the variation is not necessary;

(b) why the variation should be in different terms from those proposed;

(c) whether or not the contractor gives other reasons—why the notice should take effect on a later date than the date set out in the notice.

(4) If a contractor makes a submission under subregulation (3), NOPSEMA must, within 28 days after receiving the submission—

(a) decide whether NOPSEMA accepts the reasons in the submission; and

(b) give the contractor notice in writing affirming, varying or withdrawing the variation notice; and

(c) if NOPSEMA decides not to accept the reasons or any part of them—set out in the notice the grounds for not accepting them.

(5) The contractor must revise the DSMS, in accordance with the notice as originally given or as varied under subregulation (4), and submit it to NOPSEMA.

(6) If the contractor does not revise a DSMS when required by this regulation to do so, NOPSEMA may withdraw its acceptance of the DSMS or its agreement to the use of the DSMS for the project.

Division 3—Diving project plans