Regulator may declare non‑group entity has operational control
55A Regulator may declare non‑group entity has operational control
The Regulator may declare that a non‑group entity has operational control of a facility:
on application by the non‑group entity; or
on the Regulator’s own initiative.
An application must:
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 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.
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:
operating policies;
environmental policies.
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.
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.
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