Application of 2004 Act provisions for resolving disputes about reasonableness of proposed provision
78CL Application of 2004 Act provisions for resolving disputes about reasonableness of proposed provision
This section applies if a dispute exists between an operator to which section 78CK applies and an overlapping tenure holder about the reasonableness of a provision proposed by the overlapping tenure holder for the operator’s proposed safety management system.
Either party to the dispute may refer it to the chief inspector to decide whether the proposed provision is reasonable.
The referral must be written and be lodged.
Before deciding the dispute, the chief inspector must give each party a reasonable opportunity to lodge submissions about the dispute.
The chief inspector’s decision binds each party to the dispute.
The chief inspector must give each party an information notice about the decision.
The chief inspector’s decision is not, of itself, evidence that a safety management system, or purported safety management system, for an operating plant complies with the 2004 Act, section 675.
In this section—
chief inspector means the person who, under the 2004 Act, section 735, holds appointment as the chief inspector, petroleum and gas.
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