sec.392BNRequirements for consultation with particular overlapping tenure holders

### sec.392BN Requirements for consultation with particular overlapping tenure holders This section applies if— a person (an operator ) proposes to be an operator of operating plant in the area of a petroleum tenure; and activities ( relevant activities ) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient carrying out of authorised activities for an overlapping authority (geothermal or GHG) for the petroleum tenure; and the overlapping authority (geothermal or GHG) is an overlapping tenure. Before any operator may operate relevant operating plant, each operator must have made reasonable attempts to consult with the overlapping tenure holder about relevant activities for the plant. If there is more than 1 operator, the petroleum tenure holder may coordinate the consultation between the operators and the overlapping tenure holder. For subsection (2) , an operator is taken to have made reasonable attempts to consult if— the operator gives the overlapping tenure holder an overview of the relevant parts of the operator’s proposed safety management system concerning any relevant operating plant the operator proposes to operate for the relevant activities; and the overlapping tenure holder has not within 30 days after the giving of the overview made any proposal to the operator about provisions for the system. An operator must, before making or remaking a safety management system for any relevant operating plant the operator operates or proposes to operate, have regard to any reasonable provisions for the system proposed by the overlapping tenure holder concerning relevant activities for the plant. However, the obligation under subsection (5) applies only to the extent the provisions are commercially and technically feasible for the operator or any relevant petroleum tenure holder. If an operator makes a safety management system for relevant operating plant and the system includes provisions proposed by the overlapping tenure holder, the operator must— give the overlapping tenure holder an overview of the safety management system; and lodge a notice stating any provisions proposed under subsection (5) and whether they were included in the system. In this section— remaking , a safety management system, includes an amendment or remaking of the system of a type required under section 678 . s 392BN ins 2009 No. 3 s 554 sub 2010 No. 31 s 549 amd 2012 No. 20 s 281 sch 2 ; 2014 No. 64 s 256 sch 3 ; 2019 No. 7 s 313 s ch 1 pt 1 (sec.392BN-ssec.1) This section applies if— a person (an operator ) proposes to be an operator of operating plant in the area of a petroleum tenure; and activities ( relevant activities ) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient carrying out of authorised activities for an overlapping authority (geothermal or GHG) for the petroleum tenure; and the overlapping authority (geothermal or GHG) is an overlapping tenure. (sec.392BN-ssec.2) Before any operator may operate relevant operating plant, each operator must have made reasonable attempts to consult with the overlapping tenure holder about relevant activities for the plant. (sec.392BN-ssec.3) If there is more than 1 operator, the petroleum tenure holder may coordinate the consultation between the operators and the overlapping tenure holder. (sec.392BN-ssec.4) For subsection (2) , an operator is taken to have made reasonable attempts to consult if— the operator gives the overlapping tenure holder an overview of the relevant parts of the operator’s proposed safety management system concerning any relevant operating plant the operator proposes to operate for the relevant activities; and the overlapping tenure holder has not within 30 days after the giving of the overview made any proposal to the operator about provisions for the system. (sec.392BN-ssec.5) An operator must, before making or remaking a safety management system for any relevant operating plant the operator operates or proposes to operate, have regard to any reasonable provisions for the system proposed by the overlapping tenure holder concerning relevant activities for the plant. (sec.392BN-ssec.6) However, the obligation under subsection (5) applies only to the extent the provisions are commercially and technically feasible for the operator or any relevant petroleum tenure holder. (sec.392BN-ssec.7) If an operator makes a safety management system for relevant operating plant and the system includes provisions proposed by the overlapping tenure holder, the operator must— give the overlapping tenure holder an overview of the safety management system; and lodge a notice stating any provisions proposed under subsection (5) and whether they were included in the system. (sec.392BN-ssec.8) In this section— remaking , a safety management system, includes an amendment or remaking of the system of a type required under section 678 . - (a) a person (an operator ) proposes to be an operator of operating plant in the area of a petroleum tenure; and - (b) activities ( relevant activities ) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient carrying out of authorised activities for an overlapping authority (geothermal or GHG) for the petroleum tenure; and - (c) the overlapping authority (geothermal or GHG) is an overlapping tenure. - (a) the operator gives the overlapping tenure holder an overview of the relevant parts of the operator’s proposed safety management system concerning any relevant operating plant the operator proposes to operate for the relevant activities; and - (b) the overlapping tenure holder has not within 30 days after the giving of the overview made any proposal to the operator about provisions for the system. - (a) give the overlapping tenure holder an overview of the safety management system; and - (b) lodge a notice stating any provisions proposed under subsection (5) and whether they were included in the system.