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Contents (2017 - 404)
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Work Health and Safety Regulation 2017
Current version for 15 November 2019 to date (accessed 23 February 2020 at 22:20)
Chapter 9 Part 9.2 Clause 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).