83Revision based on certain circumstances

83  Revision based on certain circumstances

Revision before start of new well activities

 (1) A titleholder must submit to NOPSEMA a proposed revision of the well operations management plan that is in force for a well before carrying out a well activity, in relation to the well, if the plan does not cover the well activity.

Note 1: A titleholder contravenes subsection 76(1) if the titleholder carries out a well activity and there is no well operations management plan in force that covers the well and well activity.

Note 2: A plan may have originally been submitted in part or only accepted in part: see sections 78 and 79.

Revision before significant change to management of well integrity risks

 (a) the titleholder makes a significant change to the manner in which risks to the integrity of a well are reduced to as low as reasonably practicable; and

 (b) before making that change, the titleholder did not submit to NOPSEMA a proposed revision of the well operations management plan that is in force for the well that provides for the significant change.

Note: The titleholder must carry out activities in accordance with the well operations management plan in force for the well, unless NOPSEMA has consented to the titleholder carrying out an activity in a particular way: see section 77.

 (3) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Note: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.

 (4) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Note: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.

Revision after new risk has arisen

 (5) A titleholder contravenes this subsection if:

 (a) the integrity of a well in the title area becomes subject to a significant new risk or a significantly increased risk; and

 (b) as soon as practicable after the circumstance in paragraph (a) arises, the titleholder does not submit to NOPSEMA a proposed revision of the well operations management plan that is in force for the well that addresses the risk.

 (6) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (5).

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