s 4 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.