38Acceptance or rejection of a revised safety case

38 Acceptance or rejection of a revised safety case

(1) The Safety Authority must accept a revised safety case if:

(a) the revised safety case is appropriate to the facility and to the activities conducted at the facility; and

(b) the revised safety case complies with Subdivisions A, B and C of Division 1 for each stage in the life of the facility in respect of which the revision is submitted; and

(c) the revised safety case complies with Subdivision D of Division 1; and

(d) in a case on which the Safety Authority has required a validation relating to a proposed modification:

(i) the person, or each person, undertaking the validation meets the criteria specified in subregulation 44 (5); and

(ii) the validation complies with regulation 44.

(2) If a safety case is revised in relation to more than 1 stage in the life of the facility, the Safety Authority may accept the revised safety case for 1 or more stages in the life of the facility and reject the revised safety case for 1 or more stages in the life of the facility.

(3) If the Safety Authority rejects a safety case because the Safety Authority is not satisfied with any of the matters mentioned subregulation (1), the Safety Authority must give the operator a reasonable opportunity to change the safety case and resubmit it.

(a) the Safety Authority has given an operator a reasonable opportunity to change and resubmit a revised safety case or a revised part of a safety case; and

(b) the operator resubmits the revised safety case or revised part of the safety case; and

(c) the Safety Authority is not satisfied with any of the matters mentioned in subregulation (1);

the Safety Authority must reject the revised safety case.

(5) When accepting a revised safety case for a facility, the Safety Authority may impose limitations or conditions on the acceptance in respect of the facility or activities at the facility.