| (1) | A holder may only proceed with hydraulic fracturing operations— |
| (a) | after the designated agency has approved the plans and well engineering design contemplated in regulation 27; and |
| (b) | after all other requirements prescribed by these Regulations have been fully satisfied. |
| (2) | A holder must notify the designated agency and the department responsible for water affairs, in writing, at least 5 days before commencing with hydraulic fracturing operations. |
| (3) | During hydraulic fracturing, a holder must— |
| (a) | comply with the terms and conditions of the exploration and production right as well as any other authorisations; |
| (b) | conduct operations in a manner that does not pose a risk to public health, life, property and the environment; |
| (c) | ensure that arrangements to deal with emergencies are in place and are disclosed to the designated agency and relevant departments; |
| (d) | ensure that audits by independent and competent persons are made available to the designated agency and are in line with the reporting requirement of plans provided for in these Regulations; |
| (e) | ensure that a sufficient number of people, who are adequately trained and experienced to operate fracturing, flow-back or testing equipment, emergency shut-down systems and spill containment equipment, are available; |
| (f) | ensure that systems acceptable to the designated agency are in place to monitor the extent of the induced fracture network; and |
| (g) | ensure the monitoring of adjacent or offset wells for pressure on the production string and other well annuli, as required. |
| (4) | An applicant or holder must ensure that— |
| (a) | risk assessments to eliminate or reduce the risks of dangerous substances being released and the impact of the release on the environment, is carried out; and |
| (b) | proposals for the control and mitigation of the risks are provided and submitted to the competent authority, for consideration, as part of the application for Environmental Authorisation. |
| (5) | The holder must ensure that once approved, the necessary control and mitigation measures are implemented. |
[Regulation 119 inserted by section 2 of Notice No. R. 466 dated 3 June 2015]
