(1) For the
purposes of the definition of "occupier" in section 103A of the Act, a
person is to be taken to be an occupier of land if the person owns, or has
operational control of, a tank or pipeline, or any works or structure,
that—
(a) is
installed on or traverses the land, whether below or above the ground; and
(b) is
used to store or convey chemical substances or for some process employing
chemical substances.
(2) For the purposes
of subregulation (1), a person has operational control over a tank,
pipeline, works or a structure if the person has the authority to introduce
and implement environmental or health and safety policies or any other
operating policies for the tank, pipeline, works or structure.