Commonwealth Numbered Acts Commonwealth Numbered Acts(1) The Greenhouse and Energy Data Officer may declare that an activity or series of activities (including ancillary activities) are a facility:
(a) on application by a controlling corporation; or
(b) on his or her own initiative.
(2) An application must:
(a) identify the controlling corporation; and
(b) identify the facility for which a declaration is sought; and
(c) include any other information required by the regulations; and
(d) be given in a manner and form approved by the Greenhouse and Energy Data Officer.
(3) In considering making a declaration that an activity or series of activities are a facility, the Greenhouse and Energy Data Officer must have regard to:
(a) the matters dealt with in regulations made for the purposes of paragraph 9(1)(a); and
(b) the need for each facility to be distinct from, and not overlap with, activities that constitute other facilities.
(4) The Greenhouse and Energy Data Officer must notify an applicant under paragraph (1)(a), in writing, of a decision under subsection (1) to declare a facility or refuse the application.
(5) If the Greenhouse and Energy Data Officer makes a declaration under paragraph (1)(b), he or she must notify, in writing, the corporation, joint venture or partnership that has, or that he or she reasonably believes has, operational control of the facility to which the declaration relates.