Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.