Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016

  • This version contains corrections to regulations 39(b), 40(3) and 48(1) under section 25(1)(j)(i), (ii) and (iv) of the Legislation Act 2012.
32 WorkSafe may request revised safety case

(1)

A permit operator of a relevant production installation or a drilling contractor of a non-production installation for which there is an accepted safety case must, if requested by WorkSafe in writing,—

(a)

prepare a revised safety case; and

(b)

give the revised safety case to WorkSafe together with the fee prescribed in Schedule 10.

(2)

WorkSafe may agree in writing that the revised safety case may take the form of revisions to a part or specified parts of the accepted safety case.

(3)

A request under subclause (1) must include—

(a)

the matters to be addressed in the revised safety case; and

(b)

the date by which the revised safety case must be given to WorkSafe, which must not be earlier than 30 days after the date on which the request is sent; and

(c)

the grounds for the request.

(4)

The permit operator or the drilling contractor may make a submission to WorkSafe, requesting WorkSafe to—

(a)

withdraw the request for a revised safety case; or

(b)

vary the matters to be addressed in the revised safety case; or

(c)

allow the revised safety case to be given to WorkSafe after the date proposed.

(5)

A submission under subclause (4) must be in writing, set out the reasons for the request, and be made—

(a)

not later than 21 days after the permit operator or the drilling contractor receives the request from WorkSafe; or

(b)

by a later date specified by WorkSafe in writing.

(6)

If WorkSafe receives a submission under subclause (4), WorkSafe must—

(a)

withdraw the request for a revised safety case; or

(b)

vary the request, whether in accordance with the submission made by the PCBU or otherwise; or

(c)

require the revised safety case to be given to WorkSafe by a later date specified by WorkSafe in writing; or

(d)

reject the submission and confirm the request.

(7)

WorkSafe must give the permit operator or the drilling contractor written notice of its decision, including the grounds for the decision if the permit operator’s or the drilling contractor’s submission is rejected in whole or in part.

(8)

A permit operator or a drilling contractor who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

Compare: SR 2013/208 r 35