New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 543

543 Suitability of facility operator

(1) This clause applies if the regulator determines a facility or a proposed facility to be a major hazard facility under clause 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 clause 540 into the suitability of the operator, and

(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 clause, 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 : A determination that a person is not a suitable operator is a reviewable decision (see clause 676).