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PETROLEUM (SUBMERGED LANDS) (MANAGEMENT OF WELL OPERATIONS) REGULATIONS 2004 2004 No. 344 - REG 11

Decision on request for variation
(1)
As soon as practicable after a titleholder gives a variation to the Designated Authority, the Designated Authority must:

(a)
accept the variation if the well operations management plan, as varied, would comply with regulation 6; or

(b)
reject the variation; or

(c)
notify the titleholder, in writing, that the Designated Authority is unable to make a decision without further assessment of the variation.

Note
In the majority of cases, a period of 30 days should be sufficient time for making a decision to accept or reject a variation.

(2) If the Designated Authority is unable to make a decision, the Designated Authority must:

(a)
notify the titleholder, in writing, that the Designated Authority is unable to make a decision without further assessment of the variation; and

(b) include in the notification:

(i)
a proposed timetable for assessment of the variation that gives the titleholder a reasonable opportunity to modify or resubmit the variation; and
(ii)
a description of any further information the Designated Authority may require to assist it to assess the variation.

(3) If the Designated Authority further assesses a variation in accordance with subregulation (2), the Designated Authority must, as soon as practicable:

(a)
accept the variation if the well operations management plan, as varied, would comply with regulation 6; or

(b)
reject the variation.

(4)
The Designated Authority may accept a variation subject to any conditions decided by the Designated Authority.

(5) The Designated Authority must notify the titleholder, in writing, of the following matters as soon as practicable after making a decision:

(a)
the terms of the decision;

(b)
if the decision is to reject the variation:

(i)
the reasons for the decision; and
(ii)
for a well activity being carried out in the adjacent area of a Territory mentioned in section 7 of the Act — a statement or summary of the right, under section 152 of the Act, of reconsideration or review of the decision;
(c)
if the decision is to accept the variation, subject to a condition:

(i)
the terms of the condition; and
(ii)
the reason for making the acceptance subject to the condition;
(d)
the effect of regulation 15.



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