9Person responsible for carrying out project

9 Person responsible for carrying out project

Agreements (1) If, under an agreement, a project, or a part of a project, is, or is to be, carried out by a person (the contractor) for and on behalf of another person, then, for the purposes of this Act: (a) the other person is taken to be the person responsible for carrying out the project, or the part of the project, as the case may be; and (b) the contractor is taken not to be responsible for carrying out the project, or the part of the project, as the case may be. (2) Subsection (1) has effect subject to subsections (3) and (5). Declarations (3) The Authority may, by writing, declare that, for the purposes of this Act: (a) a specified person is taken to be the person responsible for carrying out a specified project; and (b) no other person is taken to be responsible for carrying out the project. (4) If the Authority makes a declaration under subsection (3) in relation to a person, the Authority must give a copy of the declaration to the person. (5) The Authority may, by writing, declare that, for the purposes of this Act: (a) 2 or more specified persons are taken to have joint or several responsibility for carrying out a specified project; and (b) no other person is taken to be responsible for carrying out the project.

Note: See also section 63 (which deals with multiple project proponents).

(6) If the Authority makes a declaration under subsection (5) in relation to 2 or more persons, the Authority must give a copy of the declaration to each of those persons. (7) A declaration under subsection (3) or (5) is not a legislative instrument.