50New health and safety risk

50 New health and safety risk

(1) This regulation applies to the following conduct:

(a) constructing a facility;

(b) installing a facility;

(c) operating a facility;

(d) modifying a facility;

(e) decommissioning a facility.

(2) A person must not engage in conduct mentioned in a paragraph of subregulation (1) in Commonwealth waters if:

(a) there has been an occurrence of a significant new risk to health and safety or a significant increase in an existing risk to health and safety arising from the construction, installation, operation, modification or decommissioning of the facility; and

(b) the new risk or increased risk is not provided for:

(i) in the safety case in force for the facility; or

(ii) in a revised safety case:

(A) submitted to the Safety Authority; and

(B) not refused acceptance by the Safety Authority.

(3) Subregulation (2) does not apply if the person is a person who is exempt from the requirement to have a safety case in force for the relevant stage in the life of the facility under regulation 43.