75Variation on request by NOPSEMA

75 Variation on request by NOPSEMA

(1) NOPSEMA may request the operator of a facility for which a safety case is in force to submit a proposal for a variation of a safety case to NOPSEMA.

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

(3) A request by NOPSEMA must be in writing and include the following information—

(a) the matters to be addressed by the proposal;

(b) the date by which the proposal is required to be submitted to NOPSEMA;

(c) the grounds for the request.

(4) The operator may make a submission in writing to NOPSEMA requesting the withdrawal of the request and stating the reasons why—

(a) the variation should not occur; or

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

(c) the variation should take effect on a date after the date proposed.

(5) The operator must make the submission—

(a) within 21 days after receiving the request; or

(b) within a longer period specified in writing by NOPSEMA.

(6) If NOPSEMA receives a submission that complies with subregulations (4) and (5), NOPSEMA must—

(a) decide whether to accept the submission or part of the submission; and

(b) give the operator written notice of the decision; and

(c) to the extent that the submission is accepted—give the operator written notice that varies or withdraws the request in accordance with the decision; and

(d) to the extent that the submission is rejected—give the operator written notice of the grounds for rejecting the submission or part of the submission.

(7) Unless the request is withdrawn, the operator must comply with a request, or a varied request.