Petroleum and Greenhouse Gas Pipelines (Environment) Regulations 2012

The operator of a pipeline activity must submit to the Minister a proposed revision of the oil spill contingency plan included in the environment plan for the pipeline activity at least 14 days before the end of the period of 2 years and 6 months commencing on the latest of the following —

the day on which the environment plan is first approved under regulation 11 by the Minister;

the day on which a proposed revision of the environment plan submitted under regulation 20 is approved under regulation 11 by the Minister;

for a revision of an environment plan submitted under regulation 18 or 19 — the day (if any) notified by the Minister under regulation 20(2).

The proposed revision of the oil spill contingency plan must be in the form of a revised oil spill contingency plan, or, if the operator and the Minister so agree, a revised part of the oil spill contingency plan.

The Minister must approve the proposed revision of the oil spill contingency plan if the Minister is satisfied that the proposed revision —

complies with regulation 15(8); and

is appropriate for the nature and scale of the pipeline activity.

If the Minister is not reasonably satisfied that the proposed revision of the oil spill contingency plan when first submitted meets the criteria set out in subregulation (3), the Minister must give the operator a reasonable opportunity to modify and resubmit the proposed revision.

If, after the operator has had a reasonable opportunity to modify and resubmit the proposed revision, the Minister is still not reasonably satisfied that the proposed revision meets the criteria set out in subregulation (3), the Minister must refuse to approve the proposed revision.

The Minister must give the operator written notice of a decision by the Minister —

to approve the proposed revision; or

not to approve the proposed revision.

A notice under subregulation (6) must set out the terms of the decision and the reasons for it.

If the Minister approves a proposed revision of an oil spill contingency plan included in an environment plan, the environment plan is taken to be revised in accordance with the proposed revision.

To avoid doubt, a revision under this regulation of an oil spill contingency plan included in an environment plan does not affect any other requirement to revise the environment plan under regulation 18, 19 or 20.