PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 392BN
Requirements for consultation with particular overlapping tenure holders
PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 392BN
Requirements for consultation with particular overlapping tenure holders
392BN Requirements for consultation with particular overlapping tenure holders
(1) This section applies if—
(a) a person (an
"operator" ) proposes to be an operator of operating plant in the area of a
petroleum tenure; and
(b) activities (
"relevant activities" ) carried out, or proposed to be carried out, at the
plant may adversely affect the safe and efficient carrying out of authorised
activities for an overlapping authority (geothermal or GHG) for the petroleum
tenure; and
(c) the overlapping authority (geothermal or GHG) is an
overlapping tenure.
(2) Before any operator may operate relevant operating
plant, each operator must have made reasonable attempts to consult with the
overlapping tenure holder about relevant activities for the plant.
(3) If
there is more than 1 operator, the petroleum tenure holder may coordinate the
consultation between the operators and the overlapping tenure holder.
(4) For
subsection (2) , an operator is taken to have made reasonable attempts to
consult if—
(a) the operator gives the overlapping tenure holder an overview
of the relevant parts of the operator’s proposed safety management system
concerning any relevant operating plant the operator proposes to operate for
the relevant activities; and
(b) the overlapping tenure holder has not within
30 days after the giving of the overview made any proposal to the operator
about provisions for the system.
(5) An operator must, before making or
remaking a safety management system for any relevant operating plant the
operator operates or proposes to operate, have regard to any reasonable
provisions for the system proposed by the overlapping tenure holder concerning
relevant activities for the plant.
(6) However, the obligation under
subsection (5) applies only to the extent the provisions are commercially and
technically feasible for the operator or any relevant petroleum tenure holder.
(7) If an operator makes a safety management system for relevant operating
plant and the system includes provisions proposed by the overlapping tenure
holder, the operator must—
(a) give the overlapping tenure holder an
overview of the safety management system; and
(b) lodge a notice stating any
provisions proposed under subsection (5) and whether they were included in the
system.
(8) In this section—
"remaking" , a safety management system, includes an amendment or remaking of
the system of a type required under section 678.