Western Australian Consolidated Regulations

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PETROLEUM (SUBMERGED LANDS) (PIPELINES) REGULATIONS 2007 - REG 25

25 .         Acceptance or rejection of a pipeline management plan

        (1)         The Minister is not to accept a pipeline management plan unless —

            (a)         there are reasonable grounds for believing that —

                  (i)         the plan is appropriate for the nature and proposed use of the pipeline; and

                  (ii)         the plan complies with regulations 27282930 and  32 for each prescribed activity in respect of which the plan is submitted; and

                  (iii)         the plan, or a part of a pipeline management plan in force for the pipeline, complies with regulation 31;

                and

            (b)         the Safety Authority has notified the Minister under regulation 44 that the Safety Authority has accepted the pipeline safety management plan.

        (2)         If —

            (a)         the Safety Authority has accepted a pipeline safety management plan in relation to one or more, but not all, prescribed activities in respect of which the plan is submitted; and

            (b)         there are reasonable grounds for believing the matters in subregulation (1)(a) for each of those prescribed activities,

                the Minister must accept the pipeline management plan for those prescribed activities only.

        (3)         If the Minister is not reasonably satisfied that a pipeline management plan when first submitted meets the criteria mentioned in subregulation (1), the Minister must give the pipeline licensee a reasonable opportunity to change and resubmit the plan.

        (4)         If, after the pipeline licensee has had a reasonable opportunity to change and resubmit a pipeline management plan, the Minister is still not reasonably satisfied that the plan meets the criteria mentioned in subregulation (1), the Minister is to reject the plan.

        (5)         Despite subregulation (3), the Minister may do either or both of the following in relation to a pipeline management plan —

            (a)         accept the plan in part for any particular prescribed activity in respect of which the plan is submitted;

            (b)         impose conditions applying to the pipeline in respect of any particular prescribed activity in respect of which the plan is submitted.

        (6)         The Minister must give the pipeline licensee written notice of a decision by the Minister —

            (a)         to accept a pipeline management plan; or

            (b)         to reject a pipeline management plan; or

            (c)         to accept a pipeline management plan in part for any particular prescribed activity in respect of which the plan is submitted, or subject to conditions.

        (7)         A notice of a decision under subregulation (6)(b) or (c) must include —

            (a)         advice of the decision and the reasons for it; and

            (b)         details of the conditions imposed.



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