- (a) any one of the activities in the series is, or any 2 or more activities in the series are, capable of being carried out as a separate and distinct business activity; or
- (b) the activities in the series are from more than one industry sector to which this Act applies.
(5) To avoid doubt, there can be more than one business facility at any parcel of land for the purposes of this Act.
Meaning of “operational control”
4.—(1) A person has operational control over a business facility if the person has the authority to introduce and implement, for the business activity carried out at the business facility (including a business activity that is carried out wholly or partly by a related party of the person), one or more of the following:
- (a) operating policies;
- (b) health and safety policies;
- (c) environmental policies.
(2) Only one person can have operational control over a business facility at any one time.
(3) If more than one person satisfies subsection (1) at any one time, then the person that has the greatest authority to introduce and implement the policies mentioned in that subsection is taken for the purposes of this Act, to have operational control over the business facility.
PART 2
APPLICATION AND ADMINISTRATION
Application of Act
5.—(1) This Act applies only to industry sectors prescribed.
(2) Except as provided in subsection (3), this Act binds the Government.
