77Requirement to carry out well activities in accordance with well operations management plan etc.

77  Requirement to carry out well activities in accordance with well operations management plan etc.

Requirement to carry out well activities in accordance with well operations management plan

 (a) the titleholder carries out a well activity, in relation to a well, in a particular way; and

 (b) a well operations management plan is in force for the well that:

 (i) specifies a requirement that applies in relation to the activity; or

 (ii) is subject to a condition that applies in relation to the activity; and

 (c) the titleholder does not carry out the activity in accordance with that requirement or condition; and

 (d) before the titleholder begins carrying out the activity, NOPSEMA has not consented under subsection (2) to the titleholder carrying out the activity in that particular way.

 (2) For the purposes of paragraph (1)(d), NOPSEMA may consent, in writing, to a titleholder carrying out a well activity in a particular way if:

 (a) the titleholder has requested, in writing, NOPSEMA’s consent to carry out the activity in that way; and

 (b) NOPSEMA reasonably believes, on the basis of information in the request and any other information NOPSEMA considers relevant, that carrying out the activity in that way will not result in the integrity of the well becoming subject to a significant new risk or a significantly increased risk.

Requirement to carry out well activities specified in well operations management plan

 (3) A titleholder contravenes this subsection if:

 (a) a well operations management plan that is in force for a well requires the titleholder to carry out a well activity in relation to the well; and

 (b) the titleholder does not carry out the well activity.

Note 1: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in this instrument: see sections 574, 576B and 579A of the Act.

Note 2: NOPSEMA and the responsible Commonwealth Minister may also give remedial directions about plugging or closing off wells: see sections 586, 587, 591B and 594A (NOPSEMA directions) and sections 586A, 587A, 592 and 595 (responsible Commonwealth Minister directions) of the Act.

 (4) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1) or (3).

Civil penalty

 (5) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1) or (3).

Division 3—Obtaining acceptance of well operations management plan