National Greenhouse and Energy Reporting Act 2007

The Regulator may declare that a controlling corporation or another member of the corporation’s group has operational control of a facility:

on application by the corporation or member; or

on the Regulator’s own initiative.

An application must:

identify the corporation or member; and

identify the facility for which a declaration of operational control 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 a controlling corporation or another member of the corporation’s group 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.

The Regulator must not declare that a controlling corporation or another member of the corporation’s group has operational control of a facility unless the Regulator is satisfied that the corporation or member has substantial authority to introduce and implement either or both of the following for the facility:

operating policies;

environmental policies.

The Regulator must not declare that a member of a controlling corporation’s group (other than the controlling corporation) has operational control of a facility on application made by the member unless the controlling corporation has given written consent to the making of the declaration.

The Regulator must notify an applicant under paragraph (1)(a), in writing, of a decision under subsection (1) to declare the corporation or member to have operational control of the facility or to refuse the application.

If the Regulator makes a declaration under paragraph (1)(b), the Regulator must notify, in writing, the corporation or member which the Regulator has declared to have operational control of the facility to which the declaration relates.