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PETROLEUM (SUBMERGED LANDS) (MANAGEMENT OF WELL OPERATIONS) REGULATIONS 2004 2004 No. 344 - REG 14

Decision on objection
(1)
As soon as practicable after a titleholder gives an objection to the Designated Authority under regulation 13, the Designated Authority must:

(a)
accept the objection; or

(b)
reject the objection; or

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

(2) If the Designated Authority notifies the titleholder that the Designated Authority is unable to make a decision, the Designated Authority must include in the notification:

(a)
a proposed timetable for assessment of the objection that gives the titleholder a reasonable opportunity to modify or resubmit the objection; and

(b)
a description of any further information the Designated Authority may require to assist it to consider the objection.

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

(a)
accept the objection; or

(b)
reject the objection.

(4) 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 objection:

(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)
the effect of subregulation (5) or (6), as applicable.

(5) If the Designated Authority accepts an objection that a variation should be in terms different from the proposed terms, or that a variation should take effect on a date later than the proposed date:

(a)
the titleholder must give the Designated Authority the variation required by the Designated Authority, as affected by the objection, as soon as practicable; and

(b)
the Designated Authority must accept the variation as soon as practicable if it is in accordance with the objection; and

(c)
the Designated Authority must notify the titleholder of the effect of regulation 15.

(6) If the Designated Authority rejects the objection:

(a)
the titleholder must give the Designated Authority the variation or variations required by the Designated Authority as soon as practicable; and

(b)
the Designated Authority must accept the variation or variations as soon as practicable; and

(c)
the Designated Authority must notify the titleholder of the effect of regulation 15.



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