Petroleum (Exploration and Extraction) Safety Act 2015

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Notifications

12. The following is inserted after section 13O (inserted by the Act of 2010) of the Act of 1999 for the following:

“13OA. (1) An operator shall submit a design notification or revised design notification to the Commission in accordance with the procedures and timescale set out in safety case guidelines where the operator intends to carry out a designated petroleum activity or activities related to production under a petroleum authorisation.

(2) The Commission shall assess the design notification or a revised design notification submitted by an operator.

(3) The Commission may—

(a) accept a design notification,

(b) accept a design notification with observations on matters to be taken into account by the operator when submitting a safety case under section 13M, or

(c) refuse a design notification,

having considered whether the information contained in the design notification or revised design notification complies with the safety case guidelines and whether the operator has provided sufficient demonstration that the operator is—

(i) capable of implementing the safety management system (or where relevant the safety and environmental management system) described in the design notification, and

(ii) capable of carrying on the designated petroleum activity or activities concerned in compliance with its duties under section 13KB.

(4) The Commission, in deciding whether or not to accept a design notification, may, for the purposes of satisfying itself under subsection (2), request in writing such additional information as it may reasonably require from an operator and the operator shall comply with any such request.

(5) Where there is a revision of a design notification which results in a material change to the design notification previously accepted by the Commission under this section, the operator concerned shall submit the proposed revision of a design notification to the Commission and any proposed revision shall not be made until the Commission has carried out its assessment of the revision of the design notification under this section.

(6) The revised design notification shall be submitted to the Commission for the purposes of this section in accordance with such procedures as are specified by the Commission in safety case guidelines.

(7) The Commission shall notify the relevant petroleum undertaking and operator of the acceptance of a design notification.

(8) The acceptance of a design notification or a revised design notification by the Commission shall not be interpreted as relieving an operator of its duties under section 13KB.

(9) Where an operator or owner proposes to carry on a combined operation, the operator and owner involved in a combined operation shall jointly prepare the combined operation notification.

(10) One of the persons referred to in subsection (9) shall submit a combined operation notification or revised combined operation notification to the Commission in accordance with the procedures and timescale set out in safety case guidelines.

(11) The Commission shall only accept a combined operation notification or a revised combined operation notification where the information contained in the combined operation notification or revised combined operation notification complies with the safety case guidelines and the Commission is satisfied the operators and owners concerned are—

(a) capable of implementing the safety management system, or where relevant the safety and environmental management system, described in the combined operation notification, and

(b) subject to any conditions of the safety permit, capable of carrying on the combined operation concerned in compliance with their duties under sections 13KB and 13KC.

(12) The Commission, in deciding whether or not to accept a combined operation notification, may, for the purposes of satisfying itself under subsection (11), request in writing such additional information as it may reasonably require from an operator and the operator shall comply with any such request.

(13) The Commission shall notify the relevant petroleum undertaking and operator of the acceptance of the combined operation notification.

(14) The acceptance of a combined operation notification by the Commission shall not be interpreted as relieving an operator of his or her duties under section 13KB or, where relevant, an owner of his or her duties under section 13KC.

(15) Where there is a revision of a combined operation notification which results in a material change to the combined operation notification previously accepted by the Commission under this section, the operator concerned shall submit the proposed revision of combined operation notification to the Commission and any proposed revision shall not be made until the Commission has carried out its assessment of the revision of the combined operation notification under this section.

(16) A revised combined operation notification shall be submitted to the Commission for the purposes of this section in accordance with such procedures specified by the Commission in safety case guidelines.”.