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.  (3) If more than one person is an operator of the facility within the meaning of subregulation (1):  (a) one 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 inform 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 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.