Acceptance of a proposed revision of a pipeline management plan
38 Acceptance of a proposed revision of a pipeline management plan
(1) The Minister must accept the proposed revision if there are reasonable grounds for believing that:
(a) the revision is appropriate for the nature and proposed use of the pipeline;
(b) the pipeline management plan, as revised by the proposed revision, would comply with regulations 27, 28, 29, 30 and 32 for the stages mentioned in regulation 23 for which the revision is submitted;
(c) the pipeline management plan, as revised by the proposed revision, would comply with regulation 31; and
(d) in the case that the revision relates to a proposal to modify or decommission the pipeline – a validation of the proposal is in force.
(2) 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 revision.
(3) 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 must refuse to accept the revision.
(4) Despite subregulation (3), the Minister may do either or both of the following:
(a) accept the revision in part for a particular stage mentioned in regulation 23 for the pipeline;
(b) impose limitations or conditions applying to any of those stages for the pipeline.
(5) The Minister must give the pipeline licensee written notice of a decision by the Minister:
to accept the proposed revision;
not to accept the revision; or
(c) to accept the revision in part for a particular stage for the pipeline or subject to the imposition of limitations or conditions.
(6) A notice of a decision under subregulation (5)(b) or (c) is to include:
the decision and the reasons for it; and
(b) if limitations or conditions are to apply to a stage for the pipeline – those limitations or conditions.
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