163Minister may permit variation of operation plan

163 Minister may permit variation of operation plan (1) On the written application of the holder of an authority, the Minister may permit the holder of the authority to vary the operation plan that applies, or is to apply, to the authority. S. 163(2) substituted by No. 20/2020 s. 21. (2) The Minister must, within a reasonable time after receiving an application under subsection (1)— (a) refuse to permit the variation of the operation plan; or (b) permit the variation of the operation plan subject to any conditions that the Minister considers appropriate. S. 163(3) substituted by No. 20/2020 s. 21. (3) In determining whether to permit or refuse the variation of an operation plan, the Minister must take into account any prescribed factor. S. 163(4) inserted by No. 20/2020 s. 21. (4) In the course of varying an operation plan for a petroleum operation, the holder of the authority— (a) must give notice of the proposed variation to any relevant person or organisation; and (b) may give notice of the proposed variation to any other person or organisation that the holder of the authority considers appropriate. S. 163(5) inserted by No. 20/2020 s. 21. (5) A notice under subsection (4) must— (a) contain sufficient information to allow the person or organisation to make an informed assessment of any impact that the variation of the operation plan may have on the activities or interests of that person or organisation; and (b) state that the person or organisation may, within a reasonable period of receiving the notice, make a submission to the holder of the authority about the variation; and S. 163(6) inserted by No. 20/2020 s. 21. (6) The Minister must not permit the holder of an authority to vary an operation plan unless the holder of the authority has provided the Minister with evidence in the prescribed form— (a) that the holder of the authority has complied with subsections (4) and (5); and (b) if a person or organisation makes a submission on the variation within a reasonable period after receiving notice under subsection (4), that the holder of the authority has considered the submission when preparing the variation. S. 163(7) inserted by No. 20/2020 s. 21. (7) In this section— ***relevant person or organisation***, in relation to an operation plan that is proposed to be varied, means— (a) any person or organisation that may be affected by an activity carried out under the operation plan as proposed to be varied; and (b) any person or organisation that has interests that may be affected by an activity carried out under the operation plan as proposed to be varied. S. 163A inserted by No. 20/2020 s. 22.