5Operating plan

5 Operating plan

5 Operating plan

(1) The annual operating plan of an approved company must include details of all significant activities that the company proposes to undertake, or take part in, during the period to which the plan relates, including in relation to each activity—

(a) details of the risks and financial impact of the activity on the company, and

(b) details identifying the source of power that enables the company to undertake, or take part in, the activity, including whether that source of power is—

(i) a function set out in the company’s approval under section 9 of the Act, or

(ii) a function of the company under another provision of the Act, or

(iii) a function of the company under another Act, or

(iv) a source of power deriving from another law, and

(c) if the source of power that enables the company to undertake, or take part in, the activity is the function set out in section 10(2)(b) of the Act, the basis of the determination by the directors of the company that the activity is of benefit to the coal industry in New South Wales.

(2) The annual operating plan of an approved company must include a statement setting out the priorities for the use of the operating surplus (if any) of the company during the period to which the plan relates.

(3) In this clause, a reference to an approved company proposing to undertake, or take part in, an activity includes a reference to an approved company proposing to continue to undertake, or continue to take part in, an activity.