Regulator may declare facility—group
54 Regulator may declare facility—group
The Regulator may declare that an activity or series of activities (including ancillary activities) are a facility:
on application by a controlling corporation; or
on the Regulator’s own initiative.
An application must:
identify the controlling corporation; and
identify the facility for which a declaration is sought; and
include any other information required by the regulations; and
be given in a manner and form approved by the Regulator.
In considering making a declaration that an activity or series of activities are a facility, the Regulator must have regard to:
the matters dealt with in regulations made for the purposes of paragraph 9(1)(a); and
the need for each facility to be distinct from, and not overlap with, activities that constitute other facilities.
The Regulator must notify an applicant under paragraph (1)(a), in writing, of a decision under subsection (1) to declare a facility or refuse the application.
If the Regulator makes a declaration under paragraph (1)(b), the Regulator must notify, in writing, the person that has, or that the Regulator reasonably believes has, operational control of the facility to which the declaration relates.
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