44Validation of design, construction and installation, significant modification or decommissioning of a facility

44 Validation of design, construction and installation, significant modification or decommissioning of a facility

(1) The Safety Authority may, by notice in writing, require the operator of a proposed facility, or an existing facility, to provide a validation:

(a) in respect of the proposed facility; or

(b) in respect of a proposed significant change to an existing facility.

(2) A validation of a proposed facility is a statement in writing by an independent validator in respect of the design, construction and installation (including instrumentation, process layout and process control systems) of the facility, to the extent that these matters are covered by the scope of the validation agreed between the Safety Authority and the operator.

(3) A validation of a proposed significant change to an existing facility is a statement in writing by an independent validator in respect of the proposed change, to the extent required by the scope of the validation agreed between the Safety Authority and the operator.

(4) The validation must establish, to the level of assurance reasonably required by the Safety Authority:

(a) in the case of a proposed facility — that the design, construction and installation (including instrumentation, process layout and process control systems) of the facility incorporate measures that:

(i) will protect the health and safety of persons at the facility; and

(ii) are consistent with the formal safety assessment for the facility; and

(b) in the case of an existing facility — that, after any proposed change or changes, the facility incorporate measures that will protect the health and safety of persons at the proposed facility.

(5) An operator who has provided material for a validation must satisfy the Safety Authority that each person who undertook the validation had the necessary competence, ability and access to data, in respect of each matter being validated, to arrive at an independent opinion on the matter.

(6) In this regulation:

existing facility means a facility at a location in Commonwealth waters, if the facility is or has been in use, or is available for use, in that location.