Document ID: chunk:federal_register_of_legislation:C2024C00572:section:55a
Version: federal_register_of_legislation:C2024C00572
Segment Type: section
Provision Reference: s 55A
Character Range: 180277–181818

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.

Division 3—Review of decisions