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Guidelines on the Preparation of All Safety Cases



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CER 13283 Safety Case Guidelines
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Guidelines on the Preparation of All Safety Cases
This section provides guidance on the preparation of all safety cases. It specifically provides guidance on

Who Submits a Safety Case (section 2.1);

Level of Information Provision within a Safety Case (section 2.2);

Availability and Access to Records (section 2.3);

Safety Case Structure (section 2.4); and

Update of Approved Safety Cases (section 2.5).
2.1
Who submits a Safety Case
Safety cases are required to be submitted by petroleum undertakings who are carrying out established petroleum activities, or who propose to carry on designated petroleum activities. A petroleum undertaking is any person to whom a petroleum authorisation has been given or granted.
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Petroleum authorisations include a petroleum exploration licence, a petroleum prospecting licence, a reserved area licence, a petroleum lease, a pipeline consent issued pursuant to section 40 of the Gas Act 1976, as amended and a consent under section 5 under the Continental Shelf Act 1968, as amended. A single petroleum authorisation maybe granted to more than one person. The Act imposes duties on each person to whom the petroleum authorisation is granted Each person owes an individual duty to operate within the safety regime prescribed by Act and therefore each person to whom a petroleum authorisation is granted is required to submit a safety casein respect of designated petroleum activities proposed to be carried out under their petroleum authorisation. The requirement that each named person to whom the petroleum authorisation is granted must submit a safety case raises practical safety and assessment issues if each named person were to submit a safety casein respect of the same petroleum activity. Therefore, the
CER will consider on a case-by-case basis, and where appropriate agree, practical mechanisms proposed by petroleum undertakings in submitting safety cases. For example the CER may consider a) All of the persons included on a petroleum authorisation each signing and submitting a single safety case orb) A single safety case signed by a disclosed agent for and on behalf of each individual person named on the associated petroleum authorisation.
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Section A of the Act.
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Persons named on a petroleum authorisation will frequently be jointly and severally liable to the Minister under the terms of that petroleum authorisation. The allocation of liability under the petroleum authorisation should be distinguished from the allocation under the Act where each petroleum undertaking holds an individual duty for the safe undertaking of a given petroleum activity.

For the avoidance of doubt, whatever approach is agreed in noway relieves any of the persons named on the underlying petroleum authorisation from their responsibilities or liabilities under the Act.

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