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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011
543Suitability of facility operator
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543 Suitability of facility operator
(1) This regulation applies if the regulator determines a facility or a
proposed facility to be a major hazard facility under regulation 541
or 542.
(2) The regulator may determine that the operator of the major hazard
facility or proposed major hazard facility is not a suitable person to
operate the major hazard facility if the regulator:
(a) has conducted an inquiry under regulation 540 into the
suitability of the operator; and
Work Health and Safety (National Uniform Legislation) Regulations 2011 430
(b) is satisfied on reasonable grounds that the operator is not a
suitable person to operate the major hazard facility or
proposed major hazard facility.
(3) If no determination is made under this regulation, the operator of
the major hazard facility or proposed major hazard facility is taken
to be a suitable person to operate the major hazard facility and to
apply for a major hazard facility licence.
Note for regulation 543
A determination that a person is not a suitable operator is a reviewable decision