35Revision on request by the Safety Authority

35 Revision on request by the Safety Authority

(1) The Safety Authority may request the operator of a facility for which a safety case is in force to submit a revised safety case to the Safety Authority.

(2) If the Safety Authority agrees, the operator of a facility may submit a revised safety case under subregulation (1) in the form of a revision to part of the safety case in force for the facility.

(3) A request by the Safety Authority must be in writing and include the following information:

(a) the matters to be addressed by the revision;

(b) the proposed date of effect of the revision;

(c) the grounds for the request.

(4) The operator may make a submission in writing to the Safety Authority requesting the variation or withdrawal of the request and stating the reasons why:

(a) the revision should not occur; or

(b) the revision should be in different terms from the terms proposed; or

(c) the revision should take effect on a date after the date proposed.

(5) The operator must make the submission:

(a) within 21 days after receiving the request; or

(b) within a longer period specified in writing by the Safety Authority.

(6) If the Safety Authority receives a submission that complies with subregulations (4) and (5), the Safety Authority must:

(a) decide whether to accept the submission or part of the submission; and

(b) give the operator written notice of the decision; and

(c) to the extent that the submission is accepted — give the operator written notice that varies or withdraws the request in accordance with the decision; and

(d) to the extent that the submission is rejected — give the operator written notice of the grounds for rejecting the submission or part of the submission.

(7) Unless the request is withdrawn, the operator must comply with a request, or a varied request.