55ARegulator may declare non‑group entity has operational control

55A Regulator may declare non‑group entity has operational control

(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.