74Variation of a safety case because of a change of circumstances or operations

74 Variation of a safety case because of a change of circumstances or operations

(1) Subject to subregulation (3), an operator of a facility for which a safety case is in force must submit a proposal for a variation of the safety case to NOPSEMA as soon as practicable after the occurrence of any of the following circumstances—

(a) the technical knowledge relied upon to formulate the safety case, including the knowledge of systems for identifying hazards and evaluating risks of major accident events, is outdated so that the safety case no longer adequately provides for the matters mentioned in regulations 49 to 66;

(b) the operator proposes to modify or decommission the facility, and the proposed modification or decommissioning is not adequately addressed in the safety case;

(c) there are reasonable grounds for believing that a series of proposed modifications to the facility would result in a significant cumulative change in the overall level of risk of major accident events;

(d) the operator proposes to significantly change the safety management system;

(e) for a facility that is a pipeline—the compositions of petroleum or greenhouse gas substance conveyed in the pipeline are different from the compositions contemplated in the safety case;

(f) the activities to be carried out at the facility are different from the activities contemplated in the safety case.

(2) The operator must also submit a proposal for a variation of the safety case to NOPSEMA as soon as practicable if there has been—

(a) a significant increase in the level of risk to the health or safety of persons at or near the facility; or

(b) a series of increases in the level of risk to the health or safety of persons at or near the facility that, in total, are significant.

(3) If a circumstance mentioned in subregulation (1) or (2) is satisfied because the operator proposes to modify or decommission the facility, the operator must not submit the proposal for a variation of the safety case before the operator and NOPSEMA have agreed on the scope of the validation of the proposed modification or decommissioning of the facility.

(4) If NOPSEMA agrees, the operator of a facility may submit a proposal for a variation of a safety case under subregulation (1) or (2) in the form of a proposed variation to part of the safety case in force for the facility.