Part 3Management of safety on offshore facilities

Part 3—Management of safety on offshore facilities 40—Object The object of this Part is to ensure that— (a) offshore petroleum facilities are constructed, installed, operated, modified and decommissioned in the adjacent area only in accordance with safety cases that have been accepted by the Safety Authority; and (b) safety cases for offshore petroleum facilities or proposed offshore petroleum facilities make provision for the following matters in relation to the health and safety of persons at or near the facilities: (i) the identification of hazards, and assessment of risks; (ii) the implementation of measures to eliminate the hazards, or otherwise control the risks; (iii) a comprehensive and integrated system for management of the hazards and risks; (iv) monitoring, audit, review and continuous improvement; and (c) the risks to the health and safety of persons at the facilities are reduced to a level that is as low as reasonably practicable. 41—Relationship with other Parts The requirements of this Part are in addition to the requirements imposed on a person by any other Part. 42—Definitions In this Part, unless the contrary intention appears— confined space means an enclosed, or partially enclosed, space that— (a) is not used or intended for use as a regular workplace; and (b) has restricted means of entry and exit; and (c) has, or may have, inadequate ventilation, contaminated atmosphere or oxygen deficiency; and (d) is at atmospheric pressure when occupied; contractor has the meaning given by clause 3 of Schedule 7 of the Act; dangerous occurrence has the meaning given by regulation 83; emergency, in relation to a facility, means an urgent situation that presents, or may present, a risk of death or serious injury to persons at the facility; facility means a facility described in clause 3 of Schedule 7 of the Act, other than a facility mentioned in clause 4(8) of Schedule 7 of the Act; 1 Clause 3 of Schedule 7 of the Act includes, in the definition of facility, a facility that is being constructed or installed and, in some circumstances, an associated offshore place in relation to a facility. 2 A facility mentioned in clause 4(8) of Schedule 7 of the Act is a pipeline. Pipelines are regulated under Part 4 of these regulations. facility owner includes an owner, a charterer or a lessee of a facility or a proposed facility; in force, in relation to a safety case, including a revised safety case, means that— (a) the safety case has been accepted by the Safety Authority in relation to a facility; and (b) the acceptance of the safety case has not been withdrawn; major accident event means an event connected with a facility, including a natural event, having the potential to cause multiple fatalities of persons at or near the facility; operator, for a facility, or proposed facility, means a person registered under regulation 44 as the operator for the facility or proposed facility by the Safety Authority; performance standard means a standard, established by the operator, of the performance required of a system, item of equipment, person or procedure which is used as a basis for managing the risk of a major accident event; revise, in relation to a safety case, includes extend or modify; safety management system, for a facility, means a system for managing occupational health and safety at the facility; stage in the life of the facility means any of the following: (a) construction of the facility; (b) installation of the facility; (c) operation of the facility; (d) modification of the facility; (e) decommissioning of the facility; titleholder, in relation to a facility means a permittee, lessee, licensee or pipeline licensee under Part 3 of the Act; validation has the meaning given by regulation 81. 43—Nomination of operator (1) A facility owner or a titleholder may send to the Safety Authority a written notice nominating a person to be the operator for a facility or a proposed facility. (2) A notice under subregulation (1) must include— (b) the person's contact details, including— (i) a business address; and (ii) a telephone number and an email address for the operator during business hours; and (iii) a telephone number and an email address for the operator outside business hours; and (c) the person's ACN, if applicable; and (d) the person's written consent to the nomination. 44—Acceptance or rejection of nomination of operator (1) The Safety Authority must accept the nomination of a person as an operator if it is satisfied that the person has, or will have, the day‑to‑day management and control of— (a) the facility or proposed facility; and (b) operations at the facility or proposed facility. (2) If the Safety Authority is not satisfied of the matters in subregulation (1)(a) and (b), it must reject the nomination. (3) If the Safety Authority accepts the nomination, it must register the nominee as the operator of the facility or proposed facility. (4) The Safety Authority must notify the owner or titleholder who made the nomination, and the nominee— (a) of the decision to accept or reject the nomination; and (b) if the Safety Authority has decided to reject the nomination—of the reasons for the rejection. 45—Register of operators (1) The Safety Authority must maintain the register of operators. (2) An owner or titleholder who has nominated a person to be the operator of a facility, or the operator of the facility, may notify the Safety Authority, in writing, that the registered operator has ceased to be the person who has, or will have, the day‑to‑day management and control of— (a) the facility or proposed facility; and (b) operations at the facility or proposed facility. (3) On receipt of a notice under subregulation (2), the Safety Authority must remove the operator's name from the register. (4) The Safety Authority may remove an operator's name from the register if— (a) the Safety Authority believes, on reasonable grounds, that the operator does not or will not have day‑to‑day control of the facility and operations at the facility; and (b) the Safety Authority has given notice of intention to remove the operator from the register to— (i) the person who nominated the operator; and (ii) the operator; and (c) the Safety Authority has allowed a period of 30 days for the nominator and the operator to make representations; and (d) the Safety Authority has considered those representations and continues to believe on reasonable grounds that the operator does not, or will not, have day‑to‑day management and control of the facility and operations at the facility. Division 3—Safety cases Subdivision 1—Contents of safety case 46—Facility description, formal safety assessment and safety management system (1) The safety case for a facility must contain— (a) a description of the facility that complies with subregulation (2); and (b) a detailed description of the formal safety assessment for the facility that provides evidence that the formal safety assessment complies with subregulation (3); and (c) a detailed description of the safety management system that provides evidence that the system complies with subregulation (4). (2) The description of the facility must give details of— (a) the layout of the facility; and (b) the technical and other control measures identified as a result of the formal safety assessment; and (c) the activities that will, or are likely to, take place at, or in connection with, the facility; and (d) any other relevant matters. (3) The formal safety assessment is an assessment, or series of assessments, conducted by the operator that— (a) identifies all hazards having the potential to cause a major accident event; and (b) is a detailed and systematic assessment of the risk associated with each of those hazards, including the likelihood and consequences of each potential major accident event; and (c) identifies the technical and other control measures that are necessary to reduce that risk to a level that is as low as reasonably practicable. A formal safety assessment relates only to major accident events. (4) The safety management system for a facility must— (a) be comprehensive and integrated; and (b) provide for all activities that will, or are likely to, take place at, or in connection with, the facility; and (c) provide for the continual and systematic identification of hazards to health and safety of persons at or near the facility; and (d) provide for the continual and systematic assessment of— (i) the likelihood of the occurrence, during normal or emergency situations, of injury or occupational illness associated with those hazards; and (ii) the likely nature of such injury or occupational illness; and (e) provide for the reduction to a level that is as low as reasonably practicable of risks to health and safety of persons at or near the facility including, but not limited to— (i) risks arising during evacuation, escape and rescue in case of emergency; and (ii) risks arising from equipment and hardware; and (f) provide for inspection, testing and maintenance of the equipment and hardware that are the physical control measures for those risks; and (g) provide for adequate communications between the facility and any relevant— (i) facility; or (ii) vessel; or (iii) aircraft; or (iv) on‑shore installation; and (h) provide for any other matter that is necessary to ensure that the safety management system meets the requirements and objects of this Part; and (i) specify the performance standards that apply. The safety management system must provide for all hazards and risks to persons at the facility, not just risks of major accident events. (5) If an operator of a facility submits to the Safety Authority a safety case for the construction or installation stage in the life of the facility, the safety case must contain the matters mentioned in subregulation (1) in relation to— (a) the facility at that stage in the life of the facility; and (b) the activities that will, or are likely to, take place at, or in connection with, the facility during that stage in the life of the facility; and (c) to the extent that it is practicable—the facility and the activities that will, or are likely to, take place when the facility is in operation. 47—Implementation and improvement of the safety management system The safety case for a facility must demonstrate that there are effective means of ensuring— (a) the implementation of the safety management system; and (b) continual and systematic identification of deficiencies in the safety management system; and (c) continual and systematic improvement of the safety management system. 48—Standards to be applied The safety case for a facility must specify all Australian and international standards that have been applied, or will be applied, in relation to the facility or plant used on or in connection with the facility for the relevant stage or stages in the life of the facility for which the safety case is submitted. 49—Command structure (1) The safety case for a facility must specify— (a) an office or position at the facility, the occupant of which is in command of the facility and responsible for its safe operation when on duty; and (b) an office or position at the facility, the occupant of which is responsible for implementing and supervising procedures in the event of an emergency at the facility; and (c) the command structure that applies in the event of an emergency at the facility. The same person may occupy both of the offices or positions mentioned in subregulation (1)(a) and (b). (2) The safety case must describe, in detail, the means by which the operator will ensure that, as far as reasonably practicable— (a) the offices or positions mentioned in subregulation (1) are continuously occupied while the facility is in operation; and (b) the person who occupies each office or position mentioned in subregulation (1) has the necessary skills, training and ability to perform the functions of the office or position; and (c) the identity of the persons who occupy each office or position, and the command structure can, at all times, be readily ascertained by any person at the facility. 50—Members of the workforce must be competent The safety case for a facility must describe the means by which the operator will ensure that each member of the workforce at the facility has the necessary skills, training and ability— (a) to undertake routine and non‑routine tasks that might reasonably be given to them— (i) in normal operating conditions; and (ii) in abnormal or emergency conditions; and (iii) during any changes to the facility; and (b) to respond and react appropriately, and at the level that might be reasonably required of them, during an emergency. 51—"Permit to work" system for safe performance of various activities (1) The safety case in respect of a facility must provide for the operator of the facility to establish and maintain, in accordance with subregulation (2), a documented system of coordinating and controlling the safe performance of all work activities of members of the workforce at the facility, including in particular— (a) welding and other hot work; and (b) cold work (including physical isolation); and (c) electrical work (including electrical isolation); and (d) entry into, and working in a confined space; and (e) procedures for working over water; and (f) diving operations. The expression confined space is defined in regulation 42. (2) The system must— (a) form part of the safety management system described in the safety case in force for the facility; and (b) identify the persons having responsibility to authorise and supervise work; and (c) ensure that members of the workforce are competent in the application of the permit to work system. 52—Involvement of members of the workforce (1) The operator of a facility must demonstrate to the Safety Authority, to the reasonable satisfaction of the Safety Authority, that— (a) in the development or revision of the safety case in relation to the facility, there has been effective consultation with, and participation of, members of the workforce; and (b) the safety case provides adequately for effective consultation with, and the effective participation of, the members of the workforce, so that they are able to arrive at informed opinions about the risks and hazards to which they may be exposed on the facility. (2) A demonstration for the purposes of subregulation (1) must be supported by adequate documentation. (3) In this regulation— members of the workforce includes members of the workforce who are— (a) identifiable before the safety case is developed; and (b) working, or likely to be working, on the relevant facility. Part 3 of Schedule 7 of the Act sets out consultative provisions that apply, including provisions for the establishment of designated workgroups, the election of health and safety representatives and the establishment of OHS committees. The arrangements under these consultative provisions should be used for consultation with members of the workforce about the development, preparation and revision of the safety case. 53—Design, construction, installation, maintenance and modification (1) The safety case for a facility must describe the means by which the operator will ensure the adequacy of the design, construction, installation, maintenance or modification of the facility, for the relevant stage or stages in the life of the facility for which the safety case has been submitted. (2) In particular, the design, construction, installation, maintenance and modification of the facility must provide for— (a) adequate means of inventory isolation and pressure relief in the event of an emergency; and (b) adequate means of gaining access for servicing and maintenance of the facility and machinery and other equipment on board the facility; and (c) adequate means of maintaining the structural integrity of a facility; and (d) implementation of the technical and other control measures identified as a result of the formal safety assessment. 54—Medical and pharmaceutical supplies and services The safety case in respect of a facility must specify the medical and pharmaceutical supplies and services, sufficient for an emergency situation, that must be maintained on, or in respect of, the facility. 55—Machinery and equipment (1) The safety case in respect of a facility must specify the equipment required on the facility (including process equipment, machinery and electrical and instrumentation systems) that relates to, or may affect, the safety of the facility. (2) The equipment must be fit for its function or use— (a) in normal operating conditions; and (b) to the extent that it is intended to function, or be used, in an emergency—in case of emergency. 56—Drugs and intoxicants The safety case for a facility must describe the means by which the operator will ensure that there is in place, or will be put in place, a method of— (a) securing, supplying, and monitoring the use of, therapeutic drugs on the facility; and (b) preventing the use on the facility of— (i) controlled substances (other than therapeutic drugs); and (ii) intoxicants. 57—Evacuation, escape and rescue analysis (1) The safety case for a facility must contain a detailed description of an evacuation, escape and rescue analysis. (2) The evacuation, escape and rescue analysis must— (a) identify the types of emergency that could arise at the facility; and (b) consider a range of routes for evacuation and escape of persons at the facility in the event of an emergency; and (c) consider alternative routes for evacuation and escape if a primary route is not freely passable; and (d) consider different possible procedures for managing evacuation, escape and rescue in the event of an emergency; and (e) consider a range of means of, and equipment for, evacuation, escape and rescue; and (f) consider a range of amenities and means of emergency communication to be provided in a temporary refuge; and (g) consider a range of life saving equipment, including— (i) life rafts to accommodate safely the maximum number of persons that are likely to be at the facility at any time; and (ii) equipment to enable that number of persons to obtain access to the life rafts after launching and deployment; and (iii) in the case of a floating facility—suitable equipment to provide a float‑free capability and a means of launching; and (h) identify, as a result of the above considerations, the technical and other control measures necessary to reduce the risks associated with emergencies to a level that is as low as reasonably practicable. In so far as it addresses major accident events, the evacuation, escape and rescue analysis forms part of the formal safety assessment. 58—Fire and explosion risk analysis (1) The safety case for a facility must contain a detailed description of a fire and explosion risk analysis. (2) The fire and explosion risk analysis must— (a) identify the types of fires and explosions that could occur at the facility; and (b) consider a range of measures for detecting those fires and explosions in the event that they do occur; and (c) consider a range of measures for eliminating those potential fires and explosions, or for otherwise reducing the risk arising from fires and explosions; and (d) consider the incorporation into the facility of both automatic and manual systems for the detection, control and extinguishment of— (i) outbreaks of fire; and (ii) leaks or escapes of petroleum; and (e) consider a range of means of isolating and safely storing hazardous substances, such as fuel, explosives and chemicals, that are used or stored at the facility; and (f) consider the evacuation, escape and rescue analysis, in so far as it relates to fires and explosions; and (g) identify, as a result of the above considerations, the technical and other control measures necessary to reduce the risks associated with fires and explosions to a level that is as low as reasonably practicable. In so far as it addresses major accident events, the fire and explosion risk analysis forms part of the formal safety assessment. 59—Emergency communications systems (1) The safety case in respect of a facility must provide for communications systems— (a) within the facility; and (b) between the facility and— (i) appropriate on‑shore installations; and (ii) appropriate vessels and aircraft; and (iii) other appropriate facilities, that, in the event of an emergency in connection with the facility, is adequate for those kinds of communication. (2) In particular, the safety case must provide for the communications systems of the facility to be— (a) adequate to handle— (i) a likely emergency on or relating to the facility; and (ii) the operation requirements of the facility; and (b) protected so as to be capable of operation in an emergency to the extent specified by the formal safety assessment relating to the facility. 60—Control systems The safety case in respect of a facility must make adequate provision for the facility, in the event of an emergency, in respect of— (a) back‑up power supply; and (b) lighting; and (c) alarm systems; and (d) ballast control; and (e) emergency shut‑down systems. 61—Emergency preparedness (1) The safety case for a facility must— (a) describe a response plan designed to address possible emergencies, the risk of which has been identified in the formal safety assessment for the facility; and (b) provide for the implementation of that plan. (2) The plan must— (a) ensure, as far as reasonably practicable, the safety of persons likely to be on the facility at the time of the emergency; and (b) specify the performance standards that it applies. (3) The safety case must make adequate provision for escape drill exercises and fire drill exercises by persons on the facility. (4) In particular, those exercises must ensure that those persons will be trained to function in the event of emergency with an adequate degree of knowledge, preparedness and confidence concerning the relevant emergency procedures. (5) The safety case must provide for the operator of the facility to ensure, as far as reasonably practicable, that escape drill exercises and fire drill exercises are held in accordance with the safety case relating to the facility. (6) The safety case in respect of a mobile facility must also specify systems that are adequate to— (a) shut down or disconnect, in the event of emergency, all operations on the facility that could adversely affect the safety of the facility; and (b) give appropriate audible and visible warnings of the shutting down or disconnecting of those operations. 62—Pipelines (1) The safety case in respect of a facility must specify adequate procedures for shutting down or isolating, in the event of emergency, each pipeline connected to the facility, so as to stop the flow of hazardous substances through the pipeline. (2) In particular, the procedures must include— (a) effective means of controlling and operating all relevant emergency shut‑down valves for a pipeline; and (b) a fail‑safe system of isolating a pipeline in the event of failure of other safety devices for the pipeline. (3) The safety case in respect of a facility must also specify— (a) adequate means of mitigating, in the event of emergency, the risks associated with each pipeline connected to the facility; and (b) a frequency of periodic inspection and testing of pipeline emergency shut‑down valves that can reasonably be expected to ensure that they will operate correctly in an emergency. 63—Vessel and aircraft control (1) The safety case for a facility must describe a system, that is implemented or will be implemented, as part of the operation of the facility that ensures, as far as reasonably practicable, the safe performance of operations that involve vessels or aircraft. (2) The system must be able to meet the emergency response requirements identified in the formal safety assessment in relation to the facility and be described in the facility's safety management system. (3) The equipment and procedures for ensuring safe vessel and aircraft operations must be fit for purpose. 64—Arrangements for records (1) This regulation applies to the following documents: (a) the safety case in force for the facility; (b) a revision to the safety case for the facility; (c) a written audit report for the safety case; (d) a copy of each report given to the Safety Authority in accordance with regulation 84(2). (2) The safety case for a facility must include arrangements for— (a) making a record of the documents; and (b) securely storing the documents and records— (i) at an address nominated for the facility; and (ii) in a manner that facilitates their retrieval as soon as practicable. (3) A document mentioned in subregulation (1)(a) or (b) must be kept for 5 years after the date of acceptance of the document by the Safety Authority. (4) A report mentioned in subregulation (1)(c) must be kept for a period of 5 years after the date of receipt by the operator. (5) A copy mentioned in subregulation (1)(d) must be kept for a period of 5 years after the date the report was given to the Safety Authority. Subdivision 2—Submission and acceptance of safety cases 65—Safety case to be submitted to Safety Authority (1) If an operator for a facility wants to have a safety case accepted for the facility, they must submit the safety case to the Safety Authority. (2) The safety case may relate to 1 or more stages in the life of the facility. (3) The safety case may relate to more than 1 facility. (4) The operator must not submit the safety case before the operator and the Safety Authority have agreed on the scope of the validation for the facility. 66—Safety Authority may request more information (1) If an operator submits a safety case to the Safety Authority, the Safety Authority may request the operator to provide further written information about any matter required by this Part to be included in a safety case. (2) A request under subregulation (1) must— (b) set out each matter for which information is requested; and (c) specify a period of at least 30 days within which the information is to be provided. (3) If an operator receives a request, and provides all information requested by the Safety Authority within the period specified— (a) the information becomes part of the safety case as if it had been included with the safety case as it was submitted to the Safety Authority; and (b) the Safety Authority must have regard to the information as if it had been so included. 67—Acceptance or rejection of a safety case (1) The Safety Authority must accept a safety case if— (a) the safety case is appropriate to the facility and to the activities conducted at the facility; and (b) the safety case complies with regulations 46 to 63 (as applicable) for each stage in the life of the facility in respect of which the safety case is submitted; and (c) the safety case complies with regulation 64; and (d) in a case in which the Safety Authority has requested a validation of the facility— (i) the person, or each person, undertaking the validation meets the criteria specified in regulation 81(5); and (ii) the validation complies with regulation 81. (2) If a safety case is submitted for more than 1 stage in the life of the facility, the Safety Authority may accept the safety case for 1 or more stages in the life of the facility and reject the 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 in subregulation (1), the Safety Authority must give the operator a reasonable opportunity to change the safety case and resubmit it. (4) The Safety Authority must reject the safety case if— (a) the Safety Authority has given an operator a reasonable opportunity to change and resubmit a safety case; and (b) the operator resubmits the safety case; and (c) the Safety Authority is not satisfied with any of the matters mentioned in subregulation (1). (5) When accepting a 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. 68—Notice of decision on safety case (1) Within 90 days after receiving a safety case given under regulation 65, or resubmitted under regulation 67(3), the Safety Authority must— (a) notify the operator, in writing, that the Safety Authority has decided to— (i) accept the safety case; or (ii) reject the safety case; or (iii) do both of the following: (A) accept the safety case for 1 or more specified stages in the life of the facility, but not for every stage in the life of the facility, in respect of which the safety case was submitted; and (B) reject the rest of the safety case; or (iv) accept the safety case subject to conditions or limitations; or (b) notify the operator, in writing, that the Safety Authority is unable to make a decision about the safety case within the period of 90 days, and set out a proposed timetable for its consideration of the safety case. (2) A failure by the Safety Authority to comply with subregulation (1) in relation to a safety case does not affect the validity of a decision by the Safety Authority to accept or reject the safety case. (3) A notice of a decision under subregulation (1)(a) must include the terms of the decision (including any limitations or conditions) and the reasons for it. 69—Consent to undertake work outside of the requirements of the safety case (1) The Safety Authority may, by notice in writing, given to the operator of a facility, consent to— (a) the construction of the facility; or (b) the installation of the facility; or (c) the operation of the facility; or (d) the modification of the facility; or (e) the decommissioning of the facility, in a manner that is different from the safety case in force in relation to the facility. (2) The Safety Authority must not give a consent under subregulation (1) unless it is satisfied that there will not be 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 in the relevant manner. 70—Duties under Part 2 of Schedule 7 of the Act The acceptance of a safety case by the Safety Authority, or compliance by an operator or another person with a safety case that has been accepted by the Safety Authority, does not derogate from the duties of the operator or person under Part 2 of Schedule 7 of the Act. Subdivision 3—Revised safety cases 71—Revision of a safety case because of a change of circumstances or operations (1) Subject to subregulation (2), an operator of a facility for which a safety case is in force must submit a revised safety case to the Safety Authority as soon as practicable after the occurrence of any of the following circumstances: (a) the technical knowledge relied upon to formulate the safety case, including the knowledge of systems for identifying hazards and evaluating risks of major accident events, is outdated so that the safety case no longer adequately provides for the matters mentioned in regulations 46 to 63; (b) the operator proposes to modify or decommission the facility and— (i) the safety case has not been accepted by the Safety Authority for the modification or decommissioning stage in the life of the facility; or (ii) the proposed modification or decommissioning is not adequately addressed in the safety case; (c) there are reasonable grounds for believing that a series of proposed modifications to the facility would result in a significant cumulative change in the overall level of risk of major accident events; (d) the operator proposes to significantly change the safety management system that is in force at the facility; (e) the activities to be carried out at the facility are different from the activities contemplated in the safety case. (2) If a circumstance mentioned in subregulation (1) is satisfied because the operator proposes to modify or decommission the facility the operator must not submit the revised safety case before the operator and the Safety Authority have agreed on the scope of the validation of the proposal. (3) 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. 72—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; (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. 73—Revision after 5 years (1) The operator of a facility for which a safety case is in force must submit a revised safety case to the Safety Authority— (a) 5 years after the date that the safety case was first accepted under regulation 67; and (b) 5 years after the date of each acceptance of a revised safety case under regulation 75, whether or not a revision under regulation 71 or 72 has been accepted within the 5 year period. (2) A revised safety case submitted under this regulation must describe the means by which the operator will ensure the ongoing integrity of the technical and other control measures identified by the formal safety assessment for the facility. 74—Safety Authority may request more information (1) If an operator submits a revised safety case to the Safety Authority, the Safety Authority may request the operator to provide further written information about any matter required by these regulations to be included in a safety case. (2) A request under subregulation (1) must— (b) set out each matter for which information is requested; and (c) specify a period of not less than 10 days within which the information is to be provided. (3) If an operator receives a request and provides all information requested by the Safety Authority within the period specified— (a) the information becomes part of the revised safety case as if it had been included with the revised safety case as it was submitted to the Safety Authority; and (b) the Safety Authority must have regard to the information as if it had been so included. 75—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 regulations 46 to 63 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 regulation 64; 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 regulation 81(5); and (ii) the validation complies with regulation 81. (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 in subregulation (1), the Safety Authority must give the operator a reasonable opportunity to change the safety case and resubmit it. (4) If— (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. 76—Notice of decision on revised safety case (1) Within 30 days after receiving a revised safety case, or a revised part of a safety case, the Safety Authority must— (a) notify the operator, in writing, that the Safety Authority has decided to— (i) accept the revised safety case; or (ii) reject the revised safety case; or (iii) accept the revised safety case for 1 or more stages in the life of the facility, in respect of which the revised safety case was submitted, but not for every stage in the life of the facility; or (iv) accept the revised safety case subject to conditions or limitations; or (b) notify the operator, in writing, that the Safety Authority is unable to make a decision about the revised safety case within the period of 30 days, and set out a proposed timetable for its consideration of the revised safety case. (2) A failure by the Safety Authority to comply with subregulation (1) in relation to a revised safety case does not affect the validity of a decision by the Safety Authority to accept or reject the revision. 77—Effect of rejection of revised safety case If a revised safety case is not accepted, the safety case in force in relation to the facility immediately before the revised safety case was submitted remains in force subject to the Act and this Part, as if the revised safety case had not been submitted. Subdivision 4—Withdrawal of acceptance of a safety case 78—Grounds for withdrawal of acceptance (1) The Safety Authority may, by written notice to the operator of a facility, withdraw the acceptance of the safety case for the facility on any of the following grounds: (a) the operator has not complied with— (i) Schedule 7 of the Act; or (ii) a notice issued by an OHS inspector under Schedule 7 of the Act; or (iii) regulation 71, 72 or 73; or (b) the Safety Authority has rejected a revised safety case. (2) A notice under subregulation (1) must contain a statement of the reasons for the decision. 79—Notice before withdrawal of acceptance (1) Before withdrawing the acceptance of a safety case for a facility, the Safety Authority must give the operator at least 30 days notice, in writing, of its intention to withdraw the acceptance. (2) The Safety Authority may give a copy of the notice to such other persons as it thinks fit. (3) The Safety Authority must specify, in the notice, a date (the cut‑off date) on or before which the operator (or other person to whom a copy of the notice has been given) may submit to the Safety Authority in writing, matters that the Safety Authority should take into account when deciding to withdraw the acceptance. (4) The Safety Authority must take into account— (a) any action taken by the operator— (i) to remove a ground for withdrawal of acceptance; or (ii) to prevent the recurrence of a ground for removal of acceptance; and (b) any matter submitted under subregulation (3) before the cut‑off date. Subdivision 5—Exemptions 80—Safety Authority may give an exemption The Safety Authority may, by notice in writing, exempt the operator from the operation of 1 or more provisions of this Division. Division 4—Validation 81—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 the adjacent area, if the facility is or has been in use, or is available for use, in that location. Division 5—Notifying and reporting accidents and dangerous occurrences 82—Prescribed period of incapacity For the purposes of clause 67(1)(b) of Schedule 7 of the Act, the prescribed period in relation to a facility to which this Part applies is 3 days. 83—Meaning of dangerous occurrence For the purposes of the definition of dangerous occurrence in clause 3 of Schedule 7 of the Act, a dangerous occurrence is an occurrence, at a facility, that— (a) did not cause, but could reasonably have caused— (i) the death of, or serious personal injury to, a person; or (ii) a member of the workforce to be incapacitated from performing work for the period mentioned in regulation 82; or (b) was any of the following: (i) a fire or explosion; (ii) a collision of a marine vessel with the facility; (iii) an uncontrolled release of hydrocarbon vapour exceeding 1 kg; (iv) an uncontrolled release of petroleum liquids exceeding 80 L; (v) a well kick exceeding 50 barrels; (vi) an unplanned event that required the emergency response plan to be implemented; (vii) damage to safety critical equipment; or (c) was of another kind that a reasonable operator would consider to require an immediate investigation. The meaning of facility in this regulation is explained in regulation 42. 84—Reporting accidents and dangerous occurrences (1) For the purposes of clause 67(1) of Schedule 7 of the Act, the notice in relation to a facility to which this Part applies— (a) may be oral or written; and (b) must be provided as soon as practicable after— (ii) if the accident or dangerous occurrence is not detected by the operator at the time of its first occurrence—the detection of the accident or dangerous occurrence by the operator; and (c) must contain all material details concerning the accident or dangerous occurrence that are reasonably available to the operator at the time of the notification. (2) For the purposes of clause 67(1) of Schedule 7 of the Act, the report— (a) must be written; and (b) unless otherwise agreed by the Safety Authority—must be provided within 3 days after— (ii) if the accident or dangerous occurrence is not detected by the operator at the time of its first occurrence—the detection of the accident or dangerous occurrence by the operator; and (c) must contain material details concerning the accident or dangerous occurrence of the types determined by the Safety Authority. (3) A determination mentioned in subregulation (2) must be— (a) in writing; and (b) published in the Gazette. (4) As soon as practicable, but not later than 15 days after the end of each month, the operator of a facility must submit, to the Safety Authority, a written report, for that month, summarising— (a) the number of deaths of persons at the facility; and (b) the number and types of injuries to persons at the facility, other than minor injuries not requiring treatment or requiring treatment only in the nature of first aid. Division 6—Penalty provisions 85—Facility must have registered operator A person must not— (a) construct a facility; or (b) install a facility; or (c) operate a facility; or (d) modify a facility; or (e) decommission a facility, in the adjacent area if there is not an operator in respect of the facility. 86—Safety case required for the relevant stage in the life of a facility (1) A person must not— (a) construct a facility; or (b) install a facility; or (c) operate a facility; or (d) modify a facility; or (e) decommission a facility, in the adjacent area if there is not a safety case in force for the relevant stage in the life of the facility that corresponds with the conduct. (2) Subregulation (1) does not apply to 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 80. 87—Work on a facility must comply with the safety case (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 subregulation (1) in a manner that is contrary to— (a) the safety case in force for the relevant stage in the life of the facility; or (b) a limitation or condition imposed by regulation 67(5) or regulation 75(5). (3) Subregulation (2) does not apply to particular conduct if the Safety Authority has given the person a written consent under regulation 69 to engage in that conduct in a manner contrary to the safety case or a limitation or condition on the safety case. 88—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 the adjacent area 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 80. 89—Maintaining records The operator of a facility must keep all documents required by the safety case in force for the facility in the manner set out in the safety case. Regulation 64 sets out the record keeping requirements in relation to documents. 90—Person on a facility must comply with safety case A person on a facility must comply with a safety requirement of the safety case in force for the facility that applies to the person. 91—Interference with accident sites (1) A person must not interfere with a site, on a facility, where there is— (a) an accident that causes the death of, or serious personal injury to, any person; or (b) an accident that causes a member of the workforce to be incapacitated from performing work for a period of 3 days; or (c) a dangerous occurrence, before the completion of the inspection of the site by an OHS inspector. (2) It is a defence to a prosecution for an offence against subregulation (1) that— (a) the person was acting with the written or oral authority of an OHS inspector; or (b) the person was acting, in a reasonable manner, for any of the following purposes: (i) helping or rescuing a sick, injured or endangered person; (ii) maintaining the safety of the facility or of persons at the facility; (iii) reducing danger to the facility or to persons at the facility; (iv) retrieving, or attempting to retrieve, the body of a dead person; or (c) the operator has given the Safety Authority notice of, and a report about, the accident or dangerous occurrence under clause 67 of Schedule 7 of the Act, and an OHS inspector has not entered the facility where the accident or dangerous occurrence occurred in response to the notice within 3 working days of the operator giving notice to the Safety Authority. 92—Details in applications or submissions (1) An application or submission (however described) that a person is required or permitted to make or give to the Safety Authority under this Part must include— (b) if applicable, the name of the person's agent; and (c) the person's or agent's address in Australia; and (d) the person's or agent's telephone number and email address. (2) If there is a change to any of the details mentioned in subregulation (1), the person or agent must notify the Safety Authority in writing as soon as practicable. (3) Despite any provision of this Part, the Safety Authority may delay proceeding with an application or submission until the person or agent has complied with this regulation.