540Inquiry procedure

540 Inquiry procedure

(1)  This regulation sets out the procedure for an inquiry.

(2)  The regulator must give a written notice to the person referred to in subregulation (3)  –

(a) informing the person of the reasons for the inquiry; and

(b) advising the person that the person may, by a specified date (being not less than 28 days after the notice is given), make a submission to the regulator in relation to the inquiry.

(3)  Notice under subregulation (2) must be given –

(a) for an inquiry about a facility in relation to which a notification has been given under regulation 536 or 537 , to the contact person identified in the notification; and

(b) in any other case, to the operator of the facility.

(4)  The regulator must –

(a) if the recipient of the notice has made a submission in relation to the inquiry, consider that submission; and

(b) consult with interested persons including –

(i) health and safety representatives at the facility; and

(ii) the emergency service organisations that have responsibility for the area in which the facility is located; and

(iii) any government department or agency with a regulatory role in relation to major hazard facilities; and

(c) decide whether or not to make a determination under regulation 541 or 542 ; and

(d) if it decides to make a determination under regulation 541 or 542 , decide whether or not to make a determination in relation to the operator under regulation 543 .