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Petroleum and Gas (Production and Safety) Act 2004
sec.705BRequirement for joint interaction management plan
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### sec.705B Requirement for joint interaction management plan
The operator of an authorised activities operating plant in the overlapping area must—
before carrying out activities in the overlapping area, make a plan for the plant that applies to all operators of operating plants in the overlapping area and that complies with section 705C (a joint interaction management plan ); and
before making the plan—
make reasonable attempts to consult with the operators of each operating plant in the overlapping area and the site senior executive to jointly identify, analyse and assess risks and hazards in the overlapping area; and
have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards that are proposed by the site senior executive within 20 days after receiving a copy of the proposed plan; and
either—
reach agreement with the site senior executive about the content of the proposed plan; or
apply for arbitration of the dispute under subsection (3) or (4) ; and
comply with the plan.
Maximum penalty—500 penalty units.
For subsection (1) (b) (i) , the operator is taken to have made reasonable attempts to consult with the site senior executive if—
the operator gives the site senior executive a copy of the proposed plan; and
the site senior executive has not, within 20 days after being given the copy, made any proposal to the operator about the provisions for the plan.
If the operator and the site senior executive can not agree on the content of a proposed plan within 3 months after the site senior executive receives a copy of the proposed plan, the operator must apply for arbitration of the dispute.
Despite subsection (3) , either party may apply for arbitration of the dispute at any time.
s 705B ins 2004 No. 26 s 213
amd 2008 No. 33 s 125 sch 1 ; 2009 No. 3 s 573 ; 2010 No. 31 s 565
sub 2014 No. 64 s 228
(sec.705B-ssec.1) The operator of an authorised activities operating plant in the overlapping area must— before carrying out activities in the overlapping area, make a plan for the plant that applies to all operators of operating plants in the overlapping area and that complies with section 705C (a joint interaction management plan ); and before making the plan— make reasonable attempts to consult with the operators of each operating plant in the overlapping area and the site senior executive to jointly identify, analyse and assess risks and hazards in the overlapping area; and have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards that are proposed by the site senior executive within 20 days after receiving a copy of the proposed plan; and either— reach agreement with the site senior executive about the content of the proposed plan; or apply for arbitration of the dispute under subsection (3) or (4) ; and comply with the plan. Maximum penalty—500 penalty units.
(sec.705B-ssec.2) For subsection (1) (b) (i) , the operator is taken to have made reasonable attempts to consult with the site senior executive if— the operator gives the site senior executive a copy of the proposed plan; and the site senior executive has not, within 20 days after being given the copy, made any proposal to the operator about the provisions for the plan.
(sec.705B-ssec.3) If the operator and the site senior executive can not agree on the content of a proposed plan within 3 months after the site senior executive receives a copy of the proposed plan, the operator must apply for arbitration of the dispute.
(sec.705B-ssec.4) Despite subsection (3) , either party may apply for arbitration of the dispute at any time.
- (a) before carrying out activities in the overlapping area, make a plan for the plant that applies to all operators of operating plants in the overlapping area and that complies with section 705C (a joint interaction management plan ); and
- (b) before making the plan— (i) make reasonable attempts to consult with the operators of each operating plant in the overlapping area and the site senior executive to jointly identify, analyse and assess risks and hazards in the overlapping area; and (ii) have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards that are proposed by the site senior executive within 20 days after receiving a copy of the proposed plan; and (iii) either— (A) reach agreement with the site senior executive about the content of the proposed plan; or (B) apply for arbitration of the dispute under subsection (3) or (4) ; and
- (i) make reasonable attempts to consult with the operators of each operating plant in the overlapping area and the site senior executive to jointly identify, analyse and assess risks and hazards in the overlapping area; and
- (ii) have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards that are proposed by the site senior executive within 20 days after receiving a copy of the proposed plan; and
- (iii) either— (A) reach agreement with the site senior executive about the content of the proposed plan; or (B) apply for arbitration of the dispute under subsection (3) or (4) ; and
- (A) reach agreement with the site senior executive about the content of the proposed plan; or
- (B) apply for arbitration of the dispute under subsection (3) or (4) ; and
- (c) comply with the plan.
- (i) make reasonable attempts to consult with the operators of each operating plant in the overlapping area and the site senior executive to jointly identify, analyse and assess risks and hazards in the overlapping area; and
- (ii) have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards that are proposed by the site senior executive within 20 days after receiving a copy of the proposed plan; and
- (iii) either— (A) reach agreement with the site senior executive about the content of the proposed plan; or (B) apply for arbitration of the dispute under subsection (3) or (4) ; and
- (A) reach agreement with the site senior executive about the content of the proposed plan; or
- (B) apply for arbitration of the dispute under subsection (3) or (4) ; and
- (A) reach agreement with the site senior executive about the content of the proposed plan; or
- (B) apply for arbitration of the dispute under subsection (3) or (4) ; and
- (a) the operator gives the site senior executive a copy of the proposed plan; and
- (b) the site senior executive has not, within 20 days after being given the copy, made any proposal to the operator about the provisions for the plan.