10Amount of costs and expenses—advice of independent expert

10 Amount of costs and expenses—advice of independent expert

(1) The operator of a facility and NOPSEMA may agree, at any time after the threshold time for a compliance investigation in respect of a notifiable accident or occurrence that has happened in relation to the facility, to the selection and appointment of an independent expert: (a) to assess the costs and expenses reasonably incurred by NOPSEMA in relation to the conduct of the investigation; and (b) to provide a report to NOPSEMA on the assessment. (2) NOPSEMA must not unreasonably withhold its agreement to the selection or appointment of the independent expert. (3) The operator must bear the costs incurred for the services of the independent expert. (4) As soon as practicable after receiving a report from the independent expert, NOPSEMA must: (a) give a copy of the report to the operator of the facility; and (b) consider the report in determining the amount of the costs and expenses reasonably incurred by NOPSEMA in conducting the investigation.