533Meaning of operator of a facility or proposed facility

533 Meaning of operator of a facility or proposed facility (1) In this Chapter, the operator of a facility is the person conducting the business or undertaking of operating the facility who has: (a) management or control of the facility; and (b) the power to direct that the whole facility be shut down. (2) In this Chapter: operator of a proposed facility means: (a) the operator of a proposed facility that is an existing workplace; or (b) the person who is to be the operator of a proposed facility that is being designed or constructed.

Work Health and Safety (National Uniform Legislation) Regulations 2011 422 (3) If more than 1 person is an operator of the facility within the meaning of subregulation (1): (a) 1 of those persons must be selected as the operator of the facility for the purposes of this Chapter; and (b) that person's details must be given to the regulator. (4) The person selected: (a) must notify the regulator of the nomination; and (b) may do so by including it in a notification under regulation 536. (5) The person selected under subregulation (3) is the operator of the facility for the purposes of this Chapter. (6) If a selection is not made, each of the following persons is taken to be an operator of the facility for the purposes of this Chapter: (a) each operator within the meaning of subregulation (1) who is an individual; (b) for each operator within the meaning of subregulation (1) that is a body corporate – each officer of the body corporate.