Commonwealth Numbered Acts

NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 (NO. 175, 2007) - SECT 55

             (1)  The Greenhouse and Energy Data Officer may declare that a controlling corporation or another member of the corporation's group has operational control of a facility:

                     (a)  on application by the corporation or member; or

                     (b)  on his or her own initiative.

             (2)  An application must:

                     (a)  identify the corporation or member; and

                     (b)  identify the facility for which a declaration of operational control 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 a controlling corporation or another member of the corporation's group has operational control of a facility, the Greenhouse Energy and Data Officer must have regard to the matters dealt with in paragraph 11(1)(a) and regulations made for the purposes of that paragraph.

             (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 the corporation or member to have operational control of the facility or to 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 or member which he or she has declared to have operational control of the facility to which the declaration relates.