Western Australian Consolidated Regulations

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PETROLEUM (SUBMERGED LANDS) (PIPELINES) REGULATIONS 2007 - REG 38

38 .         Acceptance or rejection of a proposed revision of a pipeline management plan

        (1)         The Minister is not to accept the proposed revision of the pipeline management plan unless —

            (a)         there are reasonable grounds for believing that —

                  (i)         the revision 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 proposed revision is submitted; and

                  (iii)         the pipeline management plan, as revised by the proposed revision, would comply with regulation 31; and

                  (iv)         in the case that the revision relates to a proposal to modify or decommission the pipeline — a validation of the proposal is in force;

                and

            (b)         the Safety Authority has notified the Minister under regulation 48 that the Safety Authority has accepted the proposed revision.

        (2)         If —

            (a)         the Safety Authority has accepted the proposed revision in relation to one or more, but not all, prescribed activities to which the pipeline management plan relates; and

            (b)         there are reasonable grounds for believing the matters in regulation 25(1)(a) for each of those prescribed activities,

                the Minister must accept the proposed revision for those prescribed activities only.

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

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

        (5)         Despite subregulation (3), the Minister may do either or both of the following —

            (a)         accept the proposed revision in part for any particular prescribed activity to which the pipeline management plan relates;

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

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

            (a)         to accept the proposed revision; or

            (b)         to reject the proposed revision; or

            (c)         to accept the revision in part for a particular prescribed activity to which the pipeline management plan relates, 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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