Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:1_55a
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 1 cl 55A
Character Range: 132646–134155

55A  Regulator may declare non‑group entity has operational control
 (1) The Regulator may declare that a non‑group entity has operational control of a facility:
 (a) on application by the non‑group entity; or
 (b) on the Regulator's own initiative.
 (2) An application must:
 (a) identify the facility for which a declaration of operational control is sought; and
 (b) include any other information required by the regulations; and
 (c) be given in a manner and form approved by the Regulator.
 (3) In considering making a declaration that a non‑group entity has operational control of a facility, the Regulator must have regard to the matters dealt with in paragraph 11(1)(a) and regulations made for the purposes of that paragraph.
 (4) The Regulator must not declare that a non‑group entity has operational control of a facility unless the Regulator is satisfied that the non‑group entity has substantial authority to introduce and implement either or both of the following for the facility:
 (a) operating policies;
 (b) environmental policies.
 (5) The Regulator must notify, in writing, an applicant under paragraph (1)(a) of a decision under subsection (1) to declare the non‑group entity to have operational control of the facility or to refuse the application.
 (6) If the Regulator makes a declaration under paragraph (1)(b), the Regulator must notify, in writing, the non‑group entity which the Regulator has declared to have operational control of the facility to which the declaration relates.