Clean Energy (Consequential Amendments) Act 2011 (132 of 2011)

Schedule 1   General amendments

Part 2   Amendments commencing on 1 July 2012

Division 1   Amendments

National Greenhouse and Energy Reporting Act 2007

407   At the end of Division 2 of Part 6

Add:

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.