Has your Environment Plan reached the end of its life? …if so, here’s how to end it!

Article published in the Regulator | Issue 3: 2016

There are a large number of activities that have long been completed, but for which the titleholder has never notified NOPSEMA (under Regulation 25A) that the operation of the environment plan has ended. These environment plans continue to live on well past the ‘end’ of the relevant activity.

NOPSEMA seeks the cooperation of titleholders to help complete the process by submitting FM1408 - Regulation 25A - Notification of end of operation of environment plan - Rev 3 - February 2018 (DOCX 94KB).

NOPSEMA will also be contacting titleholders to discuss those activities that ended prior to Regulation 25A being introduced in February 2014. NOPSEMA has also recently released an update to GL1691 - End of the operation of an environment plan – Regulation 25A - Rev 1 - October 2016 (PDF 175KB), which explains how notifications submitted under Regulation 25A will be handled, including how NOPSEMA will confirm with titleholders that their notification has been accepted by NOPSEMA.

How does and environment plan end?

Under the Environment Regulations there are effectively three ways to ‘end’ an environment plan:

  1. NOPSEMA initiates a process to withdraw acceptance of the environment plan (to be used under particular circumstances, generally where there is non-compliance)

  2. a titleholder submits and NOPSEMA subsequently accepts a proposed revision of the existing environment plan (noting that in this case the previous environment plan is simply replaced by a revised environment plan)

  3. a titleholder notifies NOPSEMA under Regulation 25A that the operation of the environment plan has ended and NOPSEMA accepts this notification.

Regulation 25A specifies that the plan ends when the titleholder notifies that all activities permissioned by the plan have ended and all obligations under the plan have been completed. The plan is not ended until NOPSEMA accepts the notification.

It is important to note that notification under Regulation 25A is separate to the notification required under Regulation 29, where a titleholder notifies the regulator within 10 days of the completion of an activity itself.

Notification under Regulation 29 does not end the operation of an environment plan!