Airports (Environment Protection) Regulations 1997 (Cth)

Airports (Environment Protection) Regulations 1997

Statutory Rules No. 13, 1997

made under the

Airports Act 1996

Compilation No. 10

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the Airports (Environment Protection) Regulations 1997 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1Preliminary 1.01Name of regulations

These Regulations are the Airports (Environment Protection) Regulations 1997.

1.02Objects

The objects of these Regulations are:
(a)
to establish, in conjunction with national environment protection measures made under section 14 of the National Environment Protection Council Act 1994, a Commonwealth system of regulation of, and accountability for, activities at airports that generate, or have potential to generate:
(i)
pollution; or
(ii)
excessive noise; and
(b)
to promote improving environmental management practices for activities carried out at airport sites.

1.03Limited application to aircraft activities

These Regulations do not apply to:
(a)
pollution generated by an aircraft; or
(b)
noise generated by an aircraft in flight or when landing, taking off or taxiing at an airport.
Note: In relation to engine emissions and noise emissions by aircraft, see the Air Navigation (Aircraft Engine Emissions) Regulations and the Air Navigation (Aircraft Noise) Regulations 2018.

1.03AAirports to which Division 3 of Part 6 of the Act applies

For paragraph 131A(1)(b) of the Act, the following airports are specified:
(a)
Archerfield Airport;
(aa)
Bankstown Airport;
(ab)
Camden Airport;
(b)
Essendon Fields Airport;
(c)
Jandakot Airport;
(d)
Moorabbin Airport;
(e)
Parafield Airport.

1.04Effect on other laws

(1)
To the extent that these Regulations make provision about a matter mentioned in paragraph 132(1)(a) or (e), or 133(1)(a) or (e), of the Act, a State law making provision about the matter has no effect at an airport on an airport site declared under regulation 1.03 of the Airports Regulations.
(2)
Subregulation (1) does not apply to a State law to the extent that it makes provision about:
(a)
pollution from a motor vehicle; or
(b)
occupational health and safety matters; or
(c)
emissions of substances that deplete stratospheric ozone; or
(d)
the use of a pesticide.
Note: Certain other Commonwealth laws may apply to persons affected by these regulations. For example:
Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Australian Heritage Commission Act 1975
Endangered Species Protection Act 1992.

1.05Definitions

(1)
In these Regulations, unless the contrary intention appears:
Act means the Airports Act 1996.
air pollution has the meaning given in regulation 2.01.
airport environment officer means a person appointed under regulation 10.01.
airport‑sourced pollution or noise means pollution or noise generated by an activity carried out at an airport.
at an airport includes under and over an airport.
Australian Standard means a standard published by Standards Australia as an Australian Standard.
deal with includes convey, create, dispose of, distribute, generate, handle, keep, manufacture, produce, sell, store and use.
document includes a part of a document and a reproduction of a document, or part.
Note: For the meaning of document, see section 2B of the Acts Interpretation Act 1901.
generation:
(a)
of pollution, means emission and transmission of pollution in any way; and
(b)
of noise, means emission and transmission of noise in any way.
level, of a pollutant, means:
(a)
quantity of the pollutant; or
(b)
concentration of the pollutant.
NATA means the National Association of Testing Authorities.
noise control equipment means equipment to prevent, minimise, measure, record or monitor the generation of excessive noise.
offensive noise has the meaning given in regulation 2.04.
operator has the meaning given in regulation 1.07.
pollution includes air pollution, water pollution and soil pollution.
pollution control equipment means equipment to prevent, minimise, measure, record or monitor the generation of pollution.
rescue and fire fighting service means a rescue and fire fighting service in accordance with Annex 14 to the Convention on International Civil Aviation done at Chicago on 7 December 1944.
soil pollution has the meaning given in regulation 2.03.
State includes the Australian Capital Territory and the Northern Territory.
undertaking at an airport has the meaning given in regulation 1.07.
USEPA means the Environment Protection Agency of the United States of America.
waste includes, whether or not it has a value or use:
(a)
refuse in any form; and
(b)
discarded or disused plant or equipment; and
(c)
an industrial byproduct.
Note: Examples of waste included are:
(a) waste oil and oil containers; and
(b) surplus or spent chemicals, paints and solvents and their containers; and
(c) sewage; and
(d) waste paper, litter and food scraps.
water pollution has the meaning given in regulation 2.02.
Note: Several other words and expressions used in these Regulations have the meaning given by section 5 of the Act. For example:
· airport lease
· airport‑lessee company
· airport‑management company
· airport site
· environment strategy.
(2)
An expression used in both these regulations and the Airports Regulations has, unless the contrary intention appears, the same meaning in these Regulations as in those Regulations.

1.06References to Australian Standards

An Australian Standard referred to in these regulations is the standard as in force or existing from time to time.
Note: Section 2L of the Acts Interpretation Act 1901 provides that a reference consisting of the words ‘Australian Standard’ followed by the letters ‘AS’ and a number is a reference to the standard so numbered that is published by, or on behalf of, Standards Australia Limited (ACN 087 326 690).

1.07Who is an operator of an undertaking at an airport

(1)
For these Regulations, an undertaking at an airport includes, whether or not the undertaking is carried on for profit, authorised by an airport‑lessee company or otherwise lawfully authorised:
(a)
the operation of a business; and
(b)
the carrying out of any activity, dealing, operation, process, or work; and
(c)
the operation of any facility, plant, machine or equipment.
(2)
For these regulations, undertaking does not include:
(a)
the function, of the airport‑lessee company for an airport, of sublessor or licensor; or
(b)
the function, of the airport‑management company (if any) for an airport, of managing the airport; or
(c)
any vicarious liability that an airport‑lessee company or airport‑management company may be found to have in relation to the carrying on of an undertaking by a person who is a sublessee or licensee of part of the airport.
(3)
For these regulations, an operator of an undertaking at an airport is a person, or one of the persons:
(a)
carrying out the undertaking; or
(b)
on whose behalf, and under whose direction and control, the undertaking is being carried out by another person as agent or employee of, or by other arrangement with, the first‑mentioned person; or
(c)
on whose behalf, and under whose direction and control, part of the undertaking is being carried out by another person as agent or employee of, or by other arrangement with, the first‑mentioned person.

1.08Testing

A test required by these Regulations must be carried out:
(a)
by a laboratory accredited by NATA to carry out that type of test; and
(b)
using a method approved by NATA for that type of test, or (if there is no such method) a method approved, for that type of test, by:
(i)
USEPA; or
(ii)
the American Public Health Association; or
(iii)
the American Society for Testing and Materials.

Part 2What is pollution or excessive noiseDivision 1Pollution2.01What is air pollution

(1)
For these Regulations, air pollution has occurred when a pollutant is present in air in a quantity, way, or condition, or under a circumstance, in which:
(a)
harm is likely to be caused to the environment; or
(b)
unreasonable inconvenience is likely to be caused to a person:
(i)
at a place other than the immediate vicinity of the source of the pollutant; or
(ii)
if the source is in a place to which members of the public have access—in that place.
(2)
For this regulation:
pollutant means:
(a)
a substance, generated from a stationary source, being:
(i)
a substance mentioned in column 2 of Table 1 in Part 1 of Schedule 1; or
(ii)
solid particles (for example, smoke, dust, fly ash and cinders), or liquid droplets (for example, mist and fumes), of any kind when dispersed in the air; or
(b)
an objectionable odour;
but does not include a substance that is a pollutant only because it causes depletion of ozone in the stratosphere.
stationary source means plant or equipment that:
(a)
is not a vehicle; or
(b)
is fixed to a particular place for the purpose of carrying out its function.
(3)
For this regulation, unreasonable inconvenience from an odour is likely to be caused to a person if the odour:
(a)
is generated from something other than the ordinary operations of aircraft; and
(b)
is detectable, by an airport environment officer’s unassisted sense of smell, at a place mentioned in subparagraph (1)(b)(i) or (ii).

2.02What is water pollution

(1)
For these Regulations, water pollution has occurred when waters contain a substance or organism:
(a)
that causes, or is reasonably likely to cause, the physical, chemical or biological condition of the waters to be adversely affected; or
(b)
that causes, or is reasonably likely to cause, an adverse effect on beneficial use of the waters.
(2)
For subregulation (1), waters contain a polluting substance if:
(a)
the substance is dissolved in the waters; or
(b)
whether or not the substance is capable of uniformly mixing with water—it is:
(i)
suspended or otherwise dispersed in the waters; or
(ii)
floating on the surface of the waters; or
(iii)
deposited on the bed of the waters.
(3)
In this regulation:
adverse effect includes the effects so described in Schedule 2.
beneficial use means a use conducive to public health, safety, aesthetic enjoyment or other benefit.
waters means marine, estuarine or fresh waters, and includes:
(a)
a body of water; and
(b)
a natural watercourse; and
(c)
a swamp or wetland; and
(d)
groundwater; and
(e)
water in a channel, drain, pipe or other artificial holding facility (unless it is water in a system for the passage of sewage, or for the passage or trapping of pollution).

2.03What is soil pollution

(1)
For these Regulations, soil pollution has occurred when land, including subterranean groundwater, is contaminated by a substance:
(a)
that causes, or is reasonably likely to cause, the chemical or biological condition of the soil to be adversely affected; or
(b)
that causes, or is reasonably likely to cause, an adverse effect on present use of the land concerned, or a proposed use under a final master plan in force for the airport, because it is, or is reasonably likely to be:
(i)
unsafe or unfit for human habitation or occupation; or
(ii)
in any other respect, harmful to the health or welfare of human beings; or
(iii)
significantly offensive to human senses; or
(c)
that causes, or is reasonably likely to cause, an adverse effect on the land concerned, because:
(i)
the land supports native flora or fauna; and
(ii)
the substance degrades the capacity of the land to support the flora or fauna; or
(d)
that causes, or is reasonably likely to cause, an adverse effect on beneficial use of any subterranean groundwater; or
(e)
that causes, or is reasonably likely to cause, an adverse effect on beneficial use, of adjacent land in accordance with a final master plan in force for the airport.
(1A)
Paragraphs (1)(b) and (e), and the rest of these Regulations so far as they are affected by either of those paragraphs, apply in relation to Sydney West Airport and a time before the first final master plan comes into force for that airport as if:
(a)
the words “a final master plan” were omitted from those paragraphs; and
(b)
the words “an airport plan” were substituted.
(2)
Whether the condition described in subregulation (1) exists is an assessment to be made in accordance with Division 2 of Part 6.
(3)
In this regulation, beneficial use means a use conducive to public health, safety, aesthetic enjoyment or other benefit.

Division 2Offensive noise2.04What is offensive noise

(1)
For these Regulations, noise that is offensive occurs when noise is generated at a volume, or in a way, or under a circumstance, that, in the opinion of an airport environment officer, offensively intrudes on individual, community or commercial amenity.
(2)
In forming an opinion, an airport environment officer must have regard to:
(a)
the volume, tonality and impulsive character (if any) of the noise; and
(b)
the time of day, and duration, of the noise; and
(c)
background noise levels at the time the noise is generated; and
(d)
the location, in relation to the source of the noise, of:
(i)
sensitive receptors; or
(ii)
if there is no affected sensitive receptor—commercial receptors; and
(e)
the excessive noise guidelines in Schedule 4.
(3)
For subregulation (2):
commercial receptor means a business operation, whether for profit, or not.
sensitive receptor means:
(a)
a dwelling; or
(b)
an impermanent dwelling in a place designed, or reserved, for impermanent dwellings (for example, a caravan park or residential marina); or
(c)
a hotel, motel or hostel; or
(d)
a child care institution, kindergarten, school, college, university or other educational institution; or
(e)
a hospital, medical centre or nursing home; or
(f)
a building that is a church or similar place of worship.
Note: Duty to prevent offensive noise occurring is set out in regulation 4.06.

Part 4Duties of operators of undertakings at airportsDivision 1Pollution4.01General duty to avoid polluting

(1)
The operator of an undertaking at an airport must take all reasonable and practicable measures:
(a)
to prevent the generation of pollution from the undertaking; or
(b)
if prevention is not reasonable or practicable—to minimise the generation of pollution from the undertaking.
(2)
The considerations that determine whether a measure is reasonable and practicable include:
(a)
the sensitivity of the receiving environment to pollution that the undertaking is capable of generating; and
(b)
the nature of the harm that pollution that the undertaking is capable of generating will cause, or has potential to cause; and
(c)
the current state of technical knowledge about preventing, or minimising, pollution being generated from an undertaking of the kind being operated; and
(d)
all measures that might practicably be used to prevent or minimise the pollution, and the probable benefits and detriments (if any) that should be expected from the implementation of each measure.
(3)
Failure to comply with subregulation (1) does not, of itself, constitute a contravention of these Regulations, but compliance may be enforced under regulation 7.01.

4.02Assumed compliance with general duty

(1)
An operator of an undertaking at an airport is complying with subregulation 4.01(1), despite the generation of pollution from the undertaking, when the quantity, or rate, being generated is not:
(a)
if the pollutant is a substance mentioned in column 2 of a table in Part 1 of Schedule 1, in Schedule 2 or Schedule 3—more than the limit mentioned in the table as the accepted limit for contamination of air, fresh water, marine water or soil, as the case may be, by that pollutant; or
(b)
if, under regulation 5.04 the Minister has approved a local standard for the airport—more than the acceptable limit set by that standard; or
(c)
if, under regulation 5.09, the operator is the holder of an authorisation:
(i)
more than the acceptable limit (if any) set by the authorisation; or
(ii)
inconsistent with the authorisation.
(2)
However, the provider of a rescue and fire fighting service for an airport need not comply with the limit mentioned in item 1 of table 1 in clause 1.02 of Schedule 1 for the emission of dark smoke if the provider is complying with an agreement with the Secretary of the Department that:
(a)
provides for education of the public, the airport‑lessee company and airport tenants about fire training activities; and
(b)
provides for telling the airport‑lessee company and the airport environment officer before a fire training event; and
(c)
provides for limiting fire training activity in unsuitable weather conditions; and
(d)
provides for telling the airport environment officer of any environmental incident caused by fire training activities; and
(e)
promotes the extent of night fire training events; and
(f)
is in force for a period, stated in the agreement, of not more than 3 years.

4.03Duty – pollution control equipment

(1)
This regulation applies to equipment (‘operating equipment’) used by the operator of an undertaking at an airport, in carrying on the undertaking, if pollution control equipment is:
(a)
fitted to, or supplied with, the operating equipment when it is supplied to the operator; or
(b)
specified or recommended for the operating equipment by the manufacturer or supplier.
(2)
The operator is not complying with regulation 4.01 when using the operating equipment unless:
(a)
it is fitted with the pollution control equipment, or pollution control equipment having comparable effect; and
(b)
the pollution control equipment is:
(i)
maintained in proper and efficient condition; and
(ii)
used effectively whenever the operating equipment is used.

Division 2Preservation of habitat, etc4.04General duty to preserve

(1)
The operator of an undertaking at an airport must take all reasonable and practicable measures to ensure that, in the operation of the undertaking, and in the carrying out of any work in connection with the undertaking:
(a)
there are no adverse consequences for:
(i)
the local biota and the ecosystems and habitats of native species; or
(ii)
existing aesthetic, cultural, historical, social and scientific (including archaeological and anthropological) values of the local area; and
(b)
there are no adverse consequences for:
(i)
a species or ecological community listed as threatened under the Environment Protection and Biodiversity Conservation Act 1999; or
(iii)
sites of indigenous significance on the airport site; and
(c)
if it is reasonably discoverable that, at the airport site, there is a listed threatened species or ecological community—the operation, or other work, is not inconsistent with action intended to lessen the threat to the species or ecological community; and
(d)
the operation, or other work, is not inconsistent with an international convention, treaty or other agreement to which Australia is a party, and that relates to a matter to which these Regulations apply.

Note: In a particular instance, the duty may be affected by Division 2 of Part 5, which provides for the granting of authorisations.
(2)
An expression used in subregulation (1) and in the Environment Protection and Biodiversity Conservation Act 1999. has the same meaning as it has in that Act.
(3)
Failure to comply with subregulation (1) does not, of itself, constitute a contravention of these regulations, but compliance may be enforced under regulation 7.02.

4.05Duty to give notice of cultural, etc discovery

(1)
The operator of an undertaking at an airport who, in the course of operating the undertaking, or carrying out work in connection with the undertaking, discovers an object, species or ecological community that indicates that the site of the undertaking, or other work, is a site of previously unrecognised significance:
(a)
for local biota or the ecosystems and habitats of native species; or
(b)
of the kind mentioned in paragraph 132(1)(c) or (d) of the Act;
must give written notice of the discovery to the airport‑lessee company for the airport and the airport environment officer.
Penalty: 50 penalty units.
(1A)
An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2)
An airport‑lessee company, or airport environment officer, receiving notice under subregulation (1) must:
(a)
seek expert advice from an appropriate person on appropriate conservation measures (if any); and
(b)
consult with the operator of the undertaking about reasonable means of giving effect to the recommended measures; and
(c)
record the discovery in the environmental site register for the airport kept under subregulation 6.02(3).
(3)
For subregulation (2), appropriate person means:
(a)
the Department of the Environment, Sport and Territories; or
(b)
a body established in the State in which the airport is located, having responsibilities in relation to conservation of local biota, habitat, heritage or kindred matters.

Division 3Offensive noise4.06General duty to prevent offensive noise occurring

(1)
The operator of an undertaking at an airport must take all reasonable and practicable measures:
(a)
to prevent the generation of offensive noise from the undertaking; or
(b)
if prevention is not reasonable or practicable—to minimise the generation of offensive noise from the undertaking.
(2)
Whether a measure is reasonable and practicable is a judgment to be made by an airport environment officer having regard to:
(a)
the circumstances in which a particular noise is generated, and current standards in best‑practice management of generation of noise in those circumstances; and
(b)
the current state of technical knowledge about preventing, or minimising, excessive noise being generated from an undertaking of the kind being operated; and
(c)
all measures that might practicably be used to prevent or minimise the excessive noise, and the probable benefits and detriments (if any) that should be expected from the implementation of each measure.
(3)
Failure to comply with subregulation (1) does not, of itself, constitute a contravention of these Regulations, but compliance may be enforced under regulation 7.03.

4.07Assumed compliance with general duty

An operator of an undertaking at an airport is complying with subregulation 4.06(1) if:
(a)
noise is generated from the undertaking that, under the guidelines in Schedule 4, is not regarded as offensive; or
(b)
noise is generated from the undertaking that, under the guidelines in Schedule 4, could be regarded as offensive, but that is not:
(i)
if, under regulation 5.04 the Minister has approved a local standard for the airport—more than the acceptable limit set by that standard; or
(ii)
if, under regulation 5.09, the operator is the holder of an authorisation:
(A)
more than the acceptable limit (if any) set by the authorisation; or
(B)
inconsistent with the authorisation.

4.08Duty – noisy, or potentially noisy, equipment

The operator of an undertaking at an airport is not complying with subregulation 4.06(1) if equipment, the use of which could result in offensive noise being generated from the undertaking:
(a)
is operated in a manner that is not proper and efficient; or
(b)
is not maintained in a proper and efficient condition.

4.09Duty – noise control equipment

(1)
This regulation applies to equipment (‘operating equipment’) used by the operator of an airport undertaking, in carrying on the undertaking, if noise control equipment is:
(a)
fitted to, or supplied with, the operating equipment when it is supplied to the operator; or
(b)
specified or recommended for the operating equipment by the manufacturer or supplier.
(2)
The operator is not complying with subregulation 4.06(1) when using the operating equipment unless:
(a)
it is fitted with the noise control equipment, or noise control equipment having comparable effect; and
(b)
the noise control equipment is:
(i)
maintained in proper and efficient condition; and
(ii)
used effectively whenever the operating equipment is used.

Part 5Local standards and individual authorisationsDivision 1Local standards5.01Purpose

The purpose of this Division is to enable flexibility in the administration of standards under these Regulations where, because of climatic, topographic and similar considerations peculiar to an airport, or to the region in which an airport is located, inflexibility would be unreasonable.

5.02Airport‑lessee company may initiate consultations

(1)
The airport‑lessee company for an airport, if it considers, for the reason given in regulation 5.01, that a standard mentioned in a Schedule to these Regulations as an accepted limit of contamination or noise is inappropriate for application to the airport, may propose a substitute standard (‘local standard’).
(2)
Before determining an appropriate local standard, the airport‑lessee company must:
(a)
advertise, in a newspaper that has general circulation in the State in which the airport is located, the intention to make a determination; and
(b)
allow interested persons a period of 90 days after publication of the advertisement to make written comment.
(3)
To determine an appropriate local standard, the airport‑lessee company must:
(a)
consider any comments made under paragraph (2)(b); and
(b)
consult with:
(i)
the body having, in the State in which the airport is located, responsibility for regulation of activities of the kind to which the standard applies; and
(ii)
the Department of the Environment, Sport and Territories; and
(iii)
all persons who could be significantly affected by the substitution, if given effect.

5.03Application to Minister

(1)
If, following consultation under regulation 5.02, an airport‑lessee company determines an appropriate local standard, the airport‑lessee company may apply to the Minister for approval of the local standard in substitution for the standard mentioned in a Schedule to these Regulations that is considered to be inappropriate.
(2)
An application must be in writing and must set out:
(a)
the reasons for the proposed substitution; and
(b)
the names of all persons consulted; and
(c)
a detailed summary of the views of each person consulted.

5.04Determination of application

(1)
An application for approval of a local standard must be decided by the Minister by:
(a)
granting it; or
(b)
granting it subject to any condition that the Minister considers appropriate; or
(c)
refusing it.
(2)
When considering an application, the Minister must take into account:
(a)
the views of the airport‑lessee company and each person consulted by the company; and
(b)
any relevant requirement, or standard, established under a law of the State in which the airport is located; and
(c)
whether the local standard would be consistent, or inconsistent, with the objectives and proposed measures set out in the environment strategy; and
(d)
the need to avoid inconsistency with national environment protection measures made under section 14 of the National Environment Protection Council Act 1994.
(2A)
Paragraph (2)(c) applies to consideration, of an application for approval of a local standard for Sydney West Airport, before the first final master plan comes into force for that airport as if:
(a)
the words “the objectives and proposed measures set out in the environment strategy” were omitted from that paragraph; and
(b)
the words “an airport plan for the airport” were substituted.
(3)
The Minister’s decision must be based on expert environmental advice, and, for that purpose, the Minister may consult:
(a)
Commonwealth and State bodies, or officers, having relevant expertise; and
(b)
relevant independent experts.

5.05Notification of determination

(1)
The Minister must:
(a)
give an airport‑lessee company applicant written notice of the decision under regulation 5.04 before the end of 30 days after receipt of the application; and
(b)
if the decision is to grant approval—notify the decision in the Gazette before the end of 15 days after the decision.
(2)
If approval is refused, or is granted subject to a condition, the notice to the airport‑lessee company must set out the reasons for the decision.
(3)
An approval begins to take effect on the day notification appears in the Gazette.
Note: Under section 242 of the Act, application may be made to the Administrative Review Tribunal for review of the Minister’s decision.

Division 2Authorisations5.06Effect of authorisation

(1)
An authorisation authorises the person to whom it applies to observe the general objects of these Regulations by carrying out an act, or an act in the class of acts, or acts in a sequence of acts, mentioned in the authorisation, during the period for which the authorisation has effect.
(2)
For subregulation (1), act includes an omission and a failure to act.

5.07Application for authorisation

(1)
Application for an authorisation may be made, in writing, to an airport environment officer.
(2)
An application must set out:
(a)
the name of the applicant; and
(b)
the name of the airport concerned; and
(c)
the act, class of acts or sequence of acts, for which the authorisation is sought; and
(d)
any accepted limit under a Schedule that is intended to be exceeded, and the likely extent of the excess; and
(e)
the reason why the authorisation is needed; and
(f)
the period for which the authorisation is needed.
(3)
An application must be supported by an environment management plan detailing the actions that the applicant proposes to take, during the period for which the authorisation has effect:
(a)
that the applicant expects will ensure that pollution emissions overall are not more environmentally damaging than would be the case if exact compliance with the accepted limits mentioned in the Schedules were achieved; or
(b)
if the applicant believes the outcome described in paragraph (a) can be achieved only by incremental improvements over a greater period of time—to make satisfactory progress toward achievement of that outcome.
(4)
An airport environment officer may request the applicant, in writing, to provide further information, mentioned in the notice, that is reasonably necessary to enable the airport environment officer to determine the application.

5.08Certain applications to be advertised

(1)
An application for an authorisation of any of the following kinds must be advertised in a newspaper that has general circulation in the State in which the airport concerned is located:
(a)
an authorisation sought for a period longer than 90 days;
(b)
an authorisation that, if granted, will allow an activity that is likely, in the opinion of the airport environment officer for the airport concerned, to have a significantly adverse material impact on another person;
(c)
an authorisation that, if granted, will allow an activity that is likely, in the opinion of the airport environment officer, to generate pollution or noise in excess of an accepted limit under these regulations:
(i)
frequently; or
(ii)
repeatedly and protractedly.
(2)
The advertisement must include:
(a)
the information mentioned in subregulations 5.07(2) in relation to the application; and
(b)
the name and address of the airport environment officer; and
(c)
details of the address of a place where, during normal business hours, a copy of the environment management plan mentioned in subregulation 5.07(3) can be examined; and
(d)
an invitation to make written submissions to the airport environment officer about the application; and
(e)
mention of a period, being not less than 14 days after the date of publication of the advertisement, within which persons may make submissions.
(3)
The applicant for the authorisation must pay the reasonable costs of the advertisement, including the cost of preparing the advertisement.

5.09Determination of application

(1)
An application for authorisation must be determined by an airport environment officer by:
(a)
granting it; or
(b)
granting it subject to any condition that the airport environment officer considers appropriate; or
(c)
refusing it.
(2)
When considering an application, an airport environment officer must take into account:
(a)
any reasonable alternative actions available to the applicant to achieve the object of the proposed action, including the possibility that the undertaking concerned could be carried out in a different place; and
(b)
whether the applicant has taken all reasonably available measures to avoid, or minimise, the need for an authorisation; and
(c)
all reasonably likely consequences of the proposed action:
(i)
for the health, safety, and, if a likely consequence is excessive noise, comfort, of any person; and
(ii)
for any aspect of the environment; and
(iii)
if air quality is likely to be adversely affected—for compliance with the ambient objectives mentioned in Part 2 of Schedule 1; and
(d)
the period of time for which authorisation would, practically, be required; and
(e)
the adequacy of the environment management plan under subregulation 5.07(3) and the likelihood of the plan being realised; and
(f)
whether the need for an authorisation is to enable remedial work to be carried out on existing airport‑sourced pollution; and
(g)
whether grant of the authorisation would be consistent, or inconsistent, with the objectives and proposed measures set out in the environment strategy; and
(h)
whether grant of the authorisation would have a significant impact on the interests of another person; and
(i)
if, under regulation 5.08, a submission is made about the application—the submission; and
(j)
any other matter that the airport environment officer considers to be relevant.
Note: A decision under this provision may have to take account of an environmental impact statement or public environment report, if any, under the Environment Protection (Impact of Proposals) Act 1974: see s. 8 of that Act.
(2A)
Paragraph (2)(g) applies to consideration of an application relating to Sydney West Airport before the first final master plan comes into force for that airport as if:
(a)
the words “the objectives and proposed measures set out in the environment strategy” were omitted from that paragraph; and
(b)
the words “an airport plan for the airport” were substituted.
(3)
When considering the appropriateness of a conditional grant, the airport environment officer must:
(a)
take into account any commitment that the applicant has given to prevent or minimise pollution or noise of the kind to which the authorisation will apply; and
(b)
prefer, if practicable, a decision that will promote improved compliance by the applicant with these Regulations after the authorisation, if granted, ceases to have effect.

5.10Notification of decision

(1)
An airport environment officer must give an applicant for an authorisation written notice of the decision under regulation 5.09:
(a)
before the end of 30 days after receipt of the application; or
(b)
if further information has been sought from the applicant—before the end of 30 days after the further information is given.
(2)
If the application is refused, or is granted subject to a condition, the notice must set out the reasons for the decision.

5.11Authorisation holder to comply with plan

It is a condition of an authorisation that the holder of the authorisation complies with the plan referred to in subregulation 5.07(3) submitted with the application for the authorisation.

5.12Duration of authorisations

(1)
The period for which an authorisation has effect must be no longer than 3 years, and may be specified in any, or by more than one, of the following ways:
(a)
by reference to the dates on which it begins and ends;
(b)
by reference to a duration;
(c)
by reference to the happening of an event;
(d)
by specifying the acts authorised.
(2)
The period for which an authorisation has effect cannot be extended beyond 3 years by a variation under regulation 5.16.

5.13Urgently required authorisations

(1)
If, because of the urgency of the need for an authorisation, it is not practicable for an application for an authorisation to be made in writing, application may be made orally.
(2)
Subregulation 5.07(2) and regulation 5.09 apply to an application under this regulation as if it were a written application.
(3)
An authorisation granted under this regulation has effect for a period of 48 hours, or any lesser period specified in the authorisation.
(4)
An applicant under this regulation must give the airport environment officer written confirmation of the application at the earliest reasonable opportunity.

5.14Notification to airport‑lessee company

Before the end of 2 days after granting a person an authorisation under this Part, an airport environment officer must:
(a)
make a written record of the authorisation; and
(b)
give a copy of the authorisation to the airport‑lessee company for the airport concerned.

5.15Public notification

(1)
If, in any period of 3 months ending on 31 March, 30 June, 30 September or 31 December, an authorisation is granted by an airport environment officer under this Part, he or she must publish notice of it in the Gazette before the end of 28 days after that date, together with notice to the effect that a copy of the authorisation can be inspected at the offices of the airport‑lessee company for the airport concerned.
(2)
If, in a year for which the Department publishes an annual report, an authorisation is granted under this Part, the Department must include notification of the authorisation in the report.
(3)
The validity of an authorisation is not affected by a failure to comply with this regulation.

5.16Authorisations may be varied or revoked

(1)
Whether or not a request is received under subregulation (2), an airport environment officer, if satisfied that in all the circumstances it is proper to do so, may vary or revoke an authorisation.
(2)
An authorisation holder may request an airport environment officer, in writing, to vary the authorisation.
(3)
The request must set out:
(a)
the act, or the class of acts, for which the variation is sought; and
(b)
the reason why the variation is needed; and
(c)
the period for which the variation is needed.
(4)
A variation or revocation that:
(a)
is notified to the authorisation holder orally; and
(b)
is declared by an airport environment officer to take effect immediately, in order to deal appropriately with an emergency;
has effect only until the end of 48 hours after notification, unless notification is also given in writing before the end of that period.
(5)
Except as provided by subregulation (4), a variation or revocation is not effective until it is notified in writing to the authorisation holder.
(6)
In proceedings against a person under these Regulations, the fact that an authorisation has been varied or revoked must be disregarded if:
(a)
the person is not the authorisation holder; and
(b)
it is established that the person did not know, and could not reasonably be expected to have known, that the authorisation has been varied or revoked.
(7)
Regulations 5.08, 5.09 and 5.14 apply to a variation of an authorisation as if it were a grant of an authorisation.

5.17Annual report by holder

The holder of an authorisation granted for a period longer than 1 year must give the airport environment officer who granted the authorisation (or that person’s successor) a report for each year that the authorisation is in force, setting out:

(a)
details of the holder’s performance in giving effect to the holder’s plan under subregulation 5.07(3); and
(b)
details of progress (if any) made in reducing the generation of pollution or noise that is generated in excess of the approved limit, under the Schedules, for pollution or noise of that kind; and
(c)
any failure by the holder to comply with the terms and conditions (if any) of the authorisation.

5.18Failure to comply with condition of authorisation

(1)
This regulation applies to an operator of an airport undertaking who has been granted an authorisation, and who:
(a)
contravenes a condition of the authorisation; or
(b)
knows of a contravention of a condition of the authorisation.
(2)
The operator must report the contravention to an airport environment officer:
(a)
before the end of 24 hours after the event; or
(b)
if the operator learns of the contravention after the event—before the end of 24 hours after the operator learns of the event.
(3)
For subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subregulation (2) is 50 penalty units.
Note: See also Part 15 of the Act, which provides for the grant of injunctions for certain contraventions of the Act.
(4)
It is a defence to a prosecution that the defendant knew that the contravention had already been reported, in writing, to an airport environment officer.
Note: A defendant bears an evidential burden in relation to whether he or she was knew that the contravention had already been reported, in writing, to an airport environment officer (see subsection 13.3(3) of the Criminal Code).

5.19Authorisation may be transferred

(1)
The holder of an authorisation under this Part may, when ownership of the undertaking to which the authorisation applies is being transferred to another person, assign the holder’s interest in the authorisation to the other person if:
(a)
notice of the proposed assignment is given, in writing, to the airport environment officer for the airport concerned; and
(b)
the airport environment officer is given a written acknowledgment by the transferee about the terms and any conditions of the authorisation; and
(c)
at the end of 7 days after the airport environment officer has received the notice under paragraph (a) and the acknowledgment under paragraph (b)—the airport environment officer has indicated no objection to the assignment.
(2)
An authorisation cannot be assigned if an airport environment officer, being satisfied that in all the circumstances it is proper to do so, gives the holder written notice that assignment of the authorisation is not permitted.
(3)
For these Regulations, a person to whom an interest in an authorisation is validly assigned under this regulation becomes the holder of the authorisation.
(4)
Before the end of 2 days after the end of the period within which the airport environment officer may indicate an objection, the airport environment officer must give a copy of the notice under paragraph (1)(a) and the acknowledgment under paragraph (1)(b) to the airport‑lessee company for the airport.

Part 6Monitoring, reporting and remedial actionDivision 1Monitoring and reporting6.01Existing pollution to be reported

(1)
An airport environment officer for an airport may direct the occupier of an area at the airport, in writing, to give to the airport environment officer a copy of any information held by, or available to, the occupier relating to that part of the airport site, that discloses:
(a)
former uses of the land, and other activities of the occupier or a previous occupier; and
(b)
when a matter disclosed under paragraph (a) occurred; and
(c)
the manner in which a former land use, or other activity, was undertaken; and
(d)
how waste, or any other material requiring to be disposed of, was disposed of; and
(e)
if any part of the land is contaminated by pollution, the character and extent of the contamination; and
(f)
any known impact of pollution generated on the site of the undertaking:
(i)
on the site; and
(ii)
outside the site.
(3)
A direction must be complied with before the end of 3 months after its receipt.
Penalty: 50 penalty units.
(4)
The airport environment officer must give a copy of the information to the airport‑lessee company for the airport.
Penalty: 10 penalty units.
(4A)
It is a defence to a prosecution under subregulation (4) that the information was provided by the airport‑lessee company.
Note: A defendant bears an evidential burden in relation to whether the information was provided by the airport‑lessee company (see subsection 13.3(3) of the Criminal Code).
(5)
Information given under this regulation cannot be used as evidence in proceedings, against the person giving the information, for an apparent offence under these Regulations (except an offence under this regulation).
(6)
In this regulation:
occupier of an area at an airport means:
(a)
if the area is not subject to a sublease or licence subordinate to the relevant airport lease—the airport‑lessee company; or
(b)
if the area is subject to such a sublease or licence—the person having the right to occupy the area under:
(i)
the sublease or licence; or
(ii)
any lease or licence subordinate to the sublease or licence.

6.02Airport‑lessee company to monitor pollution levels

(1)
An airport‑lessee company must monitor, in accordance with its environment strategy:
(a)
the levels of pollution, if any, present in air, water or soil at the airport; and
(b)
the level of noise generated at the airport.
(2)
Monitoring must be carried out:
(a)
in a way that is consistent with the specification, in the environment strategy, of studies, reviews and monitoring, as affected by subregulation 5.02B(5) of the Airports Regulations 1997; and
(b)
under the direction of a person having the qualifications addressed under paragraph 5.02B(5)(d) of the Airports Regulations 1997; and
(c)
if it involves testing—in accordance with regulation 1.08; and
(d)
in a way that is not inconsistent with:
(i)
any international convention, treaty or agreement, relating to environment protection, to which Australia is a party; or
(ii)
a provision of national environment protection measures made under section 14 of the National Environment Protection Council Act 1994.
(3)
The airport‑lessee company must keep a written record of the environmental condition of the airport and its environmental management generally (the ‘environmental site register’), including:
(a)
the results of monitoring, under this Division; and
(b)
any information or report received under subregulation 6.01(4), paragraph 6.05(1)(b) or subregulation 6.08(4); and
(c)
details of any remedial plan under regulation 6.14 for an area of the airport, and of any reports under regulation 6.15 in relation to a plan; and
(d)
details of the nature, date and place of any occurrence of environmental significance (detrimental or beneficial) at the airport.
Note 1: For meaning of writing, see Acts Interpretation Act 1901, s. 25.
Note 2: Paragraph 4.05(2)(c) requires a report of a cultural discovery to be entered in the environment site register.
(5)
An airport‑lessee company that fails to comply with this regulation commits an offence.
Penalty: 50 penalty units.
(6)
An offence against subregulation (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

6.03Annual report

(1)
The airport‑lessee company for an airport must give the Secretary a report for each financial year, or another reporting period that the Secretary determines, containing:
(a)
information, mentioned in subregulation 6.02(3), added to the environmental site register for the preceding year; and
(b)
details of the company’s performance in achieving the policies and targets of the environment strategy and, in particular, of the company’s progressive management of enduring environmental pollution problems at the airport; and
(c)
a report of incidents of pollution and other contraventions of the regulations that have occurred during the year to which the report applies.
(1A)
Paragraph (1)(b) applies in relation to Sydney West Airport and a report for a financial year, or other reporting period, ending before the first final master plan is in force for that airport as if:
(a)
the words “achieving the policies and targets of the environment strategy” were omitted from that paragraph; and
(b)
the words “complying with the conditions in an airport plan for the airport” were substituted.
(2)
The airport‑lessee company must give its report for a reporting period to the Secretary not later than 120 days after the end of the reporting period.

6.04Additional reporting requirements

(1)
If monitoring discloses pollution, or excessive noise, occurring, the airport‑lessee company must give an airport environment officer for the airport, within 14 days, a written report setting out:
(a)
the nature of the pollution, or excessive noise; and
(b)
the location of the affected environment; and
(c)
the date, and time, when the pollution, or excessive noise, occurred, or is likely to have occurred; and
(d)
details of remedial action the airport‑lessee or any other person has taken, or is taking, to prevent or minimise the pollution, or noise, and its recurrence.
(2)
If monitoring discloses that there is present in air, water or land at the airport, a pollutant in a quantity or concentration that indicates non‑compliance by the operator of an undertaking with the operator’s general duty under Part 4, the airport‑lessee company must give an airport environment officer for the airport, within 14 days, a written report setting out:
(a)
the nature of the pollution; and
(b)
the location of the pollution; and
(c)
details of remedial action the airport‑lessee company or any other person has taken, or is taking, to minimise the pollution.
(3)
An airport‑lessee company that fails to comply with this regulation commits an offence.
Penalty: 50 penalty units.
(4)
An offence against subregulation (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

6.05Duties of sublessees and licensees

(1)
To ensure effective monitoring under subregulation 6.02(1), an occupier of part of an airport site must give all reasonable assistance to the airport‑lessee company for the airport, including:
(a)
establishing and maintaining its own appropriate system, or systems, of monitoring the environmental consequences of:
(i)
its activities; and
(ii)
the activities of other persons in the area occupied; and
(b)
reporting to the airport‑lessee company the results of the monitoring.
(2)
An occupier must give the airport‑lessee company, at any reasonable time, and after a request in writing, any access the airport‑lessee company reasonably requires:
(a)
to the area, or part of the area, occupied; or
(b)
to a document, or part of a document, under the control of the occupier.
(3)
At the request of an airport‑lessee company, if the Secretary is satisfied that an occupier is not complying with subregulation (1) or (2), the Secretary may direct the occupier, in writing, to so comply.
(4)
An occupier receiving a direction under subregulation (3) must:
(a)
comply with the direction; and
(b)
if a period is specified in the direction—comply before the end of the period.
Penalty: 50 penalty units.
(5)
In this regulation, occupier means a person having a right of occupation of part of the airport site under:
(a)
a sublease, or licence, granted by the airport‑lessee company for premises, or an undertaking, at the airport; or
(b)
any lease, or licence, subordinate to a sublease or licence described in paragraph (a).

6.06Inaccurate or incomplete information to be corrected

(1)
This regulation applies to a person:
(a)
that gives information, in a report or otherwise, under a provision of this Division and becomes aware that the information is inaccurate or incomplete; or
(b)
that is the operator of an airport undertaking, is aware that information has been given on its behalf under regulation 6.01 or 6.05, and becomes aware that the information is inaccurate or incomplete.
(2)
The person must give the Secretary, the airport environment officer or the airport‑lessee company, as appropriate, a completed or corrected report, as the case requires, without delay.
Penalty: 50 penalty units.

Division 2Airport environment officer assessment of soil pollution6.07Duty to assess soil condition

(1)
The condition of soil in an area of an airport must be assessed by an airport environment officer for the airport if:
(a)
the airport environment officer has reason to suspect that:
(i)
the soil in the area is contaminated by a pollutant mentioned in column 2 of table 1 in Schedule 3 in a way that causes an effect described in subregulation 2.03(1); or
(ii)
contamination in the soil by a pollutant mentioned in column 2 of table 1 in Schedule 3 is possibly migrating to another place where it is causing an effect described in subregulation 2.03(1); or
(b)
the soil, being in an area specified under subparagraph 71(2)(h)(ii) or (3)(h)(ii) of the Act as an area of environmental significance, is possibly contaminated by a pollutant mentioned in column 2 of table 2 in Schedule 3 in a way that causes an effect described in subregulation 2.03(1); or
(c)
the soil is in an area of land that:
(i)
is likely to have previously experienced some pollution; and
(ii)
is subject to a sublease or licence that is about to expire or is proposed to be terminated or transferred; or
(d)
the soil is in area of land that is affected by a proposed change of use, under a final master plan for the airport, of a kind described in subregulation (2).
(2)
A change of use to which paragraph (1)(d) applies is a change that necessitates greater environmental protection measures because the use will result in the land being used in a way, or for a purpose, that will, or is reasonably likely to, cause greater harm:
(a)
to an aspect of the environment; or
(b)
to the health, safety or, in any respect, the welfare of, human beings.
(3)
For paragraph (1)(c), the sublessee or licensee must give an airport environment officer for the airport, at least 2 months before the expected occurrence of the event mentioned in subparagraph (1)(c)(ii), a written report of an expert investigation of the condition of soil in the area of the sublease or licence.
Penalty: 20 penalty units.
(4)
In this regulation, sublease or licence means:
(a)
a sublease, or licence, granted by the airport‑lessee company for premises, or an undertaking, at the airport; or
(b)
any lease, or licence, subordinate to a sublease or licence described in paragraph (a).

6.08Assessment of contamination of soil

(1)
An airport environment officer making an assessment under paragraph 6.07(1)(a) or (b) must:
(a)
test, in accordance with regulation 1.08, samples of soil or groundwater that will indicate whether or not soil contamination has occurred; and
(b)
make a written record of the result of the test.
(1A)
However, for subregulation (1), an airport environment officer need not carry out a test if:
(a)
a test of the same kind has been carried out by another person; and
(b)
that test was in accordance with regulation 1.08; and
(c)
there is a written record of the result of that test; and
(d)
the airport environment officer believes it is reasonable to rely on the result of that test.
(2)
A test result that shows:
(a)
the presence of a polluting substance mentioned in column 2 of the applicable table in Schedule 3 at, or greater than, the trigger level mentioned for the substance in column 3 of the table; or
(b)
that the pH of the soil is outside the range 6 to 8;
indicates contamination of the soil requiring the airport environment officer to make a decision under subregulation (3).
(3)
If testing indicates contamination of the soil, the airport environment officer must decide whether:
(a)
measures being taken by the occupier of the affected site are likely to manage, or mitigate the effect of, the indicated contamination; or
(b)
because of the possibility that the contamination is causing, or could cause, an effect described in subregulation 2.03(1)—a conclusive expert examination of the site is necessary.
Note: Subject to Part 18 of the Act, an authorised officer for that Part (who could be an airport environment officer, or a person employed or engaged by an airport environment officer) may take samples of soil and groundwater.
(4)
A copy of the record of the result of the test, and of the airport environment officer’s decision, must be given to the airport‑lessee company.

6.09Expert site examination

(1)
An airport environment officer who is making an assessment, under subregulation 6.07(1), of the condition of soil in an area of an airport, or who has decided, under subregulation 6.08(3), that an area of an airport site requires expert examination, may direct the occupier of the area, in writing, to arrange an examination of the area.
(2)
An occupier receiving a direction must appoint:
(a)
a site investigator who has qualifications and experience appropriate to the nature of the examination; and
(b)
an assessor.
Penalty: 50 penalty units.
(3)
At the request of an occupier, an airport environment officer must give the occupier a list of persons who, under regulation 6.10, are eligible to be appointed as an assessor.
(4)
Before the end of 2 months after the airport environment officer’s direction is received, or any longer period allowed, in writing, by the airport environment officer, an examination by the site investigator must be completed and a written report of the examination given to the assessor.
(5)
Before the end of 2 months after the assessor receives a report under subregulation (4), the assessor must give to the airport environment officer a written report on the site investigator’s report.
(6)
In this regulation:
occupier of an area at an airport means:
(a)
if the area is not subject to a sublease or licence subordinate to the relevant airport lease—the airport‑lessee company; or
(b)
if the area is subject to such a sublease or licence—the person having the right to occupy the area under:
(i)
the sublease or licence; or
(ii)
any lease or licence subordinate to the sublease or licence.

6.10Eligible persons to be appointed assessor

(1)
For regulation 6.09, an assessor may only be a person nominated by the Secretary, or a person in a class of persons nominated by the Secretary, as eligible for appointment in the State in which the airport is located.
(2)
A person suitable for nomination by the Secretary is:
(a)
a person who, because of his or her qualifications or employment, is recognised in the State in which the airport is located as having expertise in environmental protection issues; or
(b)
if a person of the kind described in paragraph (a) is not available—a person who, because of his or her qualifications or employment, is recognised in another State as having expertise in environmental protection issues.
(3)
The Secretary must ensure that an airport environment officer for an airport is aware of the persons, and classes of persons, that the Secretary has nominated as eligible for appointment in the State in which the airport is located.

6.11Conduct of examination

(1)
A site investigator must not carry out an examination under regulation 6.09, until:
(a)
he or she has given to the appointed assessor a detailed outline of the proposed manner and scope of the examination; and
(b)
the assessor has approved the outline.
(2)
An assessor must give the site investigator written notice approving, or refusing to approve, an outline before the end of 7 days after receiving the outline.
(3)
An examination must:
(a)
have regard to the history of the examination site as an area of the airport concerned, and take full account of changes to the state of contamination of soil in the area; and
(b)
have regard to items 5.1, 5.2, 5.3, 5.4, 5.5 and 5.6 of ‘Australian Guidelines for the Assessment and Management of Contaminated Sites (1992)’ published jointly by the Australian and New Zealand Environment and Conservation Council and the National Health and Medical Research Council.

6.12Site investigator’s report

(1)
A report of a site investigator under subregulation 6.09(4) must address at least:

(a)
the potential beneficial uses of the area under examination, having regard to the final master plan (if any) for the airport concerned; and
(b)
in relation to a pollutant of particular concern—the background level of other pollutants in the area; and
(c)
in relation to a pollutant of particular concern—the level of pollution mentioned in Schedule 3 as the accepted level; and
(d)
in relation to a pollutant of particular concern—the potential impact of the pollutant on soil and groundwater in the area of examination, and elsewhere.
(2)
Paragraph (1)(a) applies to a report of an examination carried out in relation to Sydney West Airport before the first final master plan comes into force for that airport as if:
(a)
the words “the final master plan (if any)” were omitted from that paragraph; and
(b)
the words “an airport plan” were substituted.

6.13Assessor’s report

(1)
A report of an assessor under subregulation 6.09(5) must address at least whether, in the opinion of the assessor, having regard to the site investigator’s report:
(a)
soil pollution has occurred; and
(b)
the pollution is sufficient, in the area examined, to inhibit viable development of a beneficial use, within the meaning of subregulation 2.03(1); and
(c)
the pollution is localised in a way that could enable development of a beneficial use, within the meaning of subregulation 2.03(1), to occur in the area examined.
Note: Soil pollution is defined in subregulation 2.03(1).
(2)
If the assessor believes there is soil pollution, the report must identify:
(a)
the polluting substance or substances; and
(b)
the likely cause or causes of the pollution; and
(c)
the source, or likely source, of the pollution.

Division 3Remedial plan for soil pollution6.14Occupier may prepare remedial plan

(1)
An occupier of an area, at an airport, that is reported, under regulation 6.13, to be the source, or likely source, of soil pollution, may submit to the airport environment officer for the airport a plan for cleaning up, remedying or rectifying the pollution, as appropriate.
(2)
The plan must be developed in consultation, and agreement, with the assessor who has reported the pollution, regarding:
(a)
if the plan is for cleaning up—the soil quality standards that can reasonably be achieved, and a timetable for a clean up that will:
(i)
end migration of pollution from the area occupied (if that is occurring) within the shortest time reasonably practicable; and
(ii)
restore all affected potential beneficial uses, within the meaning of subregulation 2.03(1), before the occupier ceases occupation; and
(iii)
restore all beneficial uses, within the meaning of subregulation 2.03(1), of subterranean groundwater (if any) before the occupier ceases occupation; or
(b)
otherwise—an appropriate risk management program that will, at least:
(i)
end migration of pollution from the area occupied (if that is occurring) within the shortest time reasonably practicable; and
(ii)
ensure that any ongoing effects of the pollution are minimised.
(3)
The airport environment officer must, before the end of 30 days after receipt of the plan:
(a)
approve or refuse to approve the plan; and
(b)
give the applicant written notice of the decision; and
(c)
if the decision is a refusal—mention in the notice the reasons for refusal.
(4)
In this regulation:
occupier of an area at an airport means:
(a)
if the area is not subject to a sublease or licence subordinate to the relevant airport lease—the airport‑lessee company; or
(b)
if the area is subject to such a sublease or licence—the person having the right to occupy the area under:
(i)
the sublease or licence; or
(ii)
any lease or licence subordinate to the sublease or licence.

6.15Reporting of plan

(1)
Until a plan has achieved its objectives, the occupier must give an airport environment officer for the airport concerned a report of progress under the plan:
(a)
at 6 monthly intervals; and
(b)
if the occupier is ceasing occupation of the area to which the plan applies—before ceasing occupation.
(2)
When a plan has achieved its objectives, in the opinion of the occupier, the occupier must give an airport environment officer for the airport concerned a report giving details of the achievement of the objectives.
(3)
A report under subregulation (1) or (2) must be accompanied by a copy of the results of any test or other monitoring exercise carried out with the intention of ascertaining progress under the plan.

6.16Duty of airport environment officer to monitor plan

An airport environment officer who approves a remedial plan must monitor the implementation of the plan.

Division 4Remedial work: powers of airport environment officer6.17Interpretation

In this Division:
remedial work, at an airport site, includes any action taken for any of the following purposes:
(a)
to find out whether there is pollution on, or in connection with, the airport;
(b)
to find out the nature, cause and extent of any pollution;
(c)
to find out the nature and extent of the effects of any pollution;
(d)
to identify measures likely to prevent, reduce or control any pollution or its effects;
(e)
to identify the effects of measures taken to prevent, reduce or control any pollution or its effects;
(f)
to prevent, reduce or control any pollution or its effects (for example, by fixing or adjusting equipment, or by removing a pollutant);
(g)
in accordance with an order under regulation 6.18—to tell members of the public (whether or not present at the airport concerned) about the existence or effects of such pollution and about measures taken, or being taken, to prevent, reduce or control it;
and includes anything reasonably incidental to any of those actions, such as taking measurements and samples, making recordings or analyses and preparing reports, plans or drawings.

6.18Power to order remedial work

(1)
If an airport environment officer believes, on reasonable grounds, that a person (‘the polluter’), has caused, or is causing, pollution at an airport the airport environment officer may make an environmental remedial order, in writing, directing a person to carry out specified remedial work in respect of the pollution.
(2)
The person so directed may be:
(a)
the polluter; or
(b)
if the polluter is unidentifiable, beyond jurisdiction or known to be insolvent—the operator of the undertaking that occupies, or occupied, the site on which the pollution occurred; or
(c)
if both the polluter and the operator are unidentifiable, beyond jurisdiction or known to be insolvent—the lessor or licensor for the site on which the pollution is occurring, or occurred; or
(d)
if all of the polluter, the operator, and the lessor or licensor are unidentifiable, beyond jurisdiction or known to be insolvent, and the lessor or licensor is not the airport‑lessee company—the airport‑lessee company.
(3)
However, if the occupier of the area that is the source or likely source of the pollution has submitted a remedial plan for the pollution under regulation 6.14, and is carrying out the plan according to its terms, the airport environment officer must not make an order under subregulation (1) directing the occupier to carry out remedial work.
(4)
To avoid doubt, in the application of paragraphs 2(b), (c) and (d) to pollution that is no longer occurring:
(a)
references in those paragraphs to the undertaking include the undertaking at the time the pollution occurred and any undertaking that has subsequently occupied the site; and
(b)
references in those paragraphs to the operator of the undertaking include the operator of the undertaking that occupied the site at the time the pollution occurred and the operator of any undertaking that has subsequently occupied the site.
(5)
In subregulation (2), lessor or licensor means the lessor or licensor of the area that is the location, or source, of the pollution.
(6)
An order may specify a period of time within which the remedial work must be undertaken.
(7)
An order may be served even though:
(a)
a prosecution or other proceeding in relation to the pollution has been commenced; or
(b)
the undertaking is not operating at the time the notice is served; or
(c)
the undertaking is not causing further pollution of the kind to which the notice relates at the time it is served; or
(d)
the pollution occurred, or is occurring, because of something done before these regulations commenced.
(8)
A person who receives an order under this regulation must comply with the order.
Penalty for contravention of this subregulation: 50 penalty units.

6.19Power to enter and perform remedial work

(1)
At any reasonable time an airport environment officer or an authorised person may enter an area of the airport occupied by an undertaking at the airport and carry out necessary environmental remedial work if:
(a)
the operator of the undertaking has been given an order under regulation 6.18 requiring it to carry out remedial work, but the work has not been carried out to the satisfaction of the airport environment officer:
(i)
within the period stated for the purpose in the notice; or
(ii)
if no period is stated—within a reasonable period; or
(b)
the airport environment officer believes, on reasonable grounds, that because of circumstances of urgency, or in the interests of public health or safety, it is necessary to enter the area and carry out the work.
(2)
For subregulation (1), authorised person means a person engaged by an airport environment officer to carry out the necessary environmental remedial work.
(3)
Subregulation (1) applies even if:
(a)
the pollution occurred before these Regulations commenced; or
(b)
the pollution occurred, or is occurring, because of something done before these Regulations commenced.
(4)
Remedial work that may be carried out under this regulation is not limited to remedial work specified in the order mentioned in paragraph (1)(a).

Part 7EnforcementDivision 1Environment protection orders7.01Pollution

(1)
An airport environment officer may make an environment protection order directing the operator of an undertaking at an airport, in writing:
(a)
to comply with a duty under regulation 4.01, by taking a particular action:
(i)
to prevent, or minimise, the generation of pollution; or
(ii)
to capture generated pollution; or
(b)
to cease generating a pollutant of a type, or at a level, in relation to which a duty under that regulation does not otherwise arise.
(2)
The airport environment officer must not make an order under subregulation (1) unless he or she:
(a)
finds:
(i)
the undertaking is creating, or contributing to, a level of environmental pollution that is likely to become harmful or offensive; and
(ii)
the operator is not taking all measures that are reasonable and practicable to ensure that the undertaking ceases to generate the pollution; and
(b)
gives the operator at least 48 hours in which to make a submission to the airport environment officer, or an officer authorised for the purpose of this regulation, and takes account of any submission made by the operator.
(3)
Paragraph (2)(b) does not apply to an order that the airport environment officer declares to be an emergency environment protection order.

7.02Preservation of habitat, etc

(1)
An airport environment officer may make an environment protection order directing the operator of an undertaking at an airport, in writing, to comply with a duty under regulation 4.04 by taking a particular action to avoid, or minimise, a particular adverse consequence.
(2)
The airport environment officer must not make an order under subregulation (1) unless he or she:
(a)
finds that the operator is not taking all measures that are reasonable and practicable to ensure that the undertaking avoids, or minimises, the adverse consequence; and
(b)
gives the operator at least 48 hours in which to make a submission to the Secretary, or an officer authorised for the purpose of this regulation, and takes account of any submission made by the operator.
(3)
Paragraph (2)(b) does not apply to an order that the Secretary declares to be an emergency environment protection order.

7.03Excessive noise

(1)
An airport environment officer may make an environment protection order directing the operator of an undertaking at an airport, in writing, to comply with a duty under regulation 4.06 by taking a particular action to minimise the generation of excessive noise.
(2)
The airport environment officer must not make an order under subregulation (1) unless he or she:
(a)
finds that the operator is not taking all measures that are reasonable and practicable to ensure that the undertaking ceases to generate noise that is excessive; and
(b)
gives the operator at least 48 hours in which to make a submission to the Secretary, or an officer authorised for the purpose of this regulation, and takes account of any submission made by the operator.
(3)
Paragraph (2)(b) does not apply to an order that the Secretary declares to be an emergency environment protection order.

7.04Order must not conflict with authorisation

An airport environment officer must not make an order under subsection 7.01(1) or 7.03(1) if:
(a)
the order relates to an action, or thing, for which an authorisation under Part 5, has been granted; and
(b)
compliance with the order would be inconsistent with the authorisation.

7.05Compliance with order

(1)
An operator of an undertaking who is given an order under regulation 7.01, 7.02 or 7.03 must:
(a)
comply with the order; and
(b)
if a period is specified in the order—comply before the end of the period.
Note: An operator of an undertaking that fails to comply with this regulation commits an offence against subsection 132(2) of the Act. That subsection provides for a penalty of 250 penalty units for each such offence.
(2)
For subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subregulation (1) is 250 penalty units.
Note: See also Part 15 of the Act, which provides for the grant of injunctions for certain contraventions of the Act.

7.06Compliance with condition of authorisation

(1)
If an airport environment officer considers that the holder of an authorisation under Part 5 is not complying with a condition of the authorisation, the airport environment officer may:
(a)
direct the holder, by an environment protection order, given in writing, to comply with the condition; and
(b)
if the airport environment officer thinks it necessary—to comply by taking a particular action to minimise the generation of pollution, or excessive noise, as the case may be.
(2)
The holder must:
(a)
comply with the order; and
(b)
if a period is specified in the order—comply before the end of the period.
Note: An operator of an undertaking that fails to comply with this regulation commits an offence against subsection 132(2) of the Act. That subsection provides for a penalty of 250 penalty units for each such offence.
(3)
An authorisation ceases to have effect if:
(a)
the holder fails to comply with the order; and
(b)
is given a notice under subregulation (4).
(4)
An airport environment officer must give the holder written notice that the authorisation has ceased to have effect as soon as:
(a)
the airport environment officer finds that the direction is not being complied with; and
(b)
if the direction allows a period within which compliance must occur—the period has expired.
(5)
For subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subregulation (2) is 250 penalty units.
Note: See also Part 15 of the Act, which provides for the grant of injunctions for certain contraventions of the Act.

Part 8General penalty provisionsDivision 1Continuing offences8.01Continuing offences

For the purposes of section 4K of the Crimes Act 1914, a requirement in a provision of Part 6 or Part 7 to do, or not do, an act or thing is a requirement that arises every day and is to be complied with on that day.

Division 2Infringement notices8.02Purpose of this Division

The purpose of this Division is to provide a procedure under which a person who is alleged to have committed an offence against Part 6 of the Act or these regulations may, as an alternative to having the matter dealt with by a court, dispose of the matter by payment of a monetary penalty (an ‘infringement notice penalty’) specified in a notice (an ‘infringement notice’) served on the person.

8.03Infringement notices

(1)
If an airport environment officer believes, on reasonable grounds, that a person has committed an offence against these regulations, the airport officer may serve an infringement notice, or cause an infringement notice to be served, on the person.
(2)
The notice must set out the following information:
(a)
the name and address of the person served;
(b)
the provision of these regulations that it is alleged has been contravened;
(c)
details of the alleged offence, including:
(i)
the day, and (if appropriate) the time, on which it is alleged to have been committed; and
(ii)
the place at which it is alleged to have been committed;
(d)
the maximum penalty that may be imposed by a court for the offence;
(e)
the amount payable as the infringement notice penalty;
(f)
a statement that, if the person prefers that the matter not be dealt with by a court, he or she may signify that preference by paying the infringement notice penalty:
(i)
before the end of 28 days after the day the notice is served; or
(ii)
if a further period is allowed by an airport environment officer under regulation 8.04—before the end of that further period; or
(iii)
if payment by instalments is permitted under regulation 8.05—in accordance with the permission;
(g)
how, and where, the infringement notice penalty may be paid;
(h)
a statement that if, before the end of 28 days after service of the notice, the person notifies the Secretary, in the manner set out in the infringement notice, of any facts or matters that the person believes ought to be taken into account in relation to the alleged offence, time for payment of the penalty will be extended to the extent necessary to enable a decision to be made in relation to those facts or matters;
(i)
a statement that, if the infringement notice penalty is paid in time:
(i)
the person’s liability in respect of the offence is discharged; and
(ii)
further proceedings cannot be taken against the person for the offence; and
(iii)
the person is not taken to have been convicted of the offence;
(j)
a statement to the effect that, if none of the things mentioned in paragraph (f) or (h) is done within the time specified, the person may be prosecuted in relation to the alleged offence;
(k)
the name of the airport environment officer by whom the notice is served.
(3)
An infringement notice may contain any other information that the airport environment officer considers necessary.
(4)
The notice must be served on the person not more than 12 months after the alleged commission of the offence.
Note: The infringement notice penalty in respect of an offence is set at one‑fifth of the maximum fine that a court could impose for the offence—see Act, s. 138(2).

8.04Extension of time to pay

(1)
On written application by a person on whom an infringement notice has been served, the Secretary or an airport environment officer may permit, if satisfied that in all the circumstances it is proper to do so, a further period for payment of the infringement notice penalty, whether or not the period of 28 days after the date of service of the notice has ended.
(2)
If application is made after the end of the 28 day period, the application must include an explanation why the alleged offender could not deal with the notice within that period.
(3)
The Secretary or airport environment officer must:
(a)
grant or refuse a further period; and
(b)
give the applicant written notice of the decision; and
(c)
if the decision is a refusal—mention in the notice the reasons for refusal.
(4)
The person must pay the penalty:
(a)
if a further period is granted—before the end of that period; or
(b)
if the decision is a refusal—before:
(i)
the end of a period 7 days after receiving notice of the refusal; or
(ii)
the end of the period of 28 days after the date of service of the notice;
whichever event occurs later.

8.05Payment by instalments

(1)
If the Secretary, or an airport environment officer, is satisfied that in all the circumstances it is proper to do so, he or she may make an arrangement with a person on whom an infringement notice has been served (whether or not the period of 28 days after the date of service of the notice has ended) for the payment of the amount of the infringement notice penalty by instalments.

0.4 g/m3 expressed as HCl	Australian Standard AS 3580.3.1
6	Oxides of nitrogen	(a) Steam boiler, burning liquid or solid fuel, for electricity generation (if producing a rated output of 30 MW or less), or for general industry	0.5 g/m3, calculated as NO2 at a 7% oxygen reference concentration	Australian Standard AS 3580.5.1
(b) Steam boiler, burning liquid or solid fuel, for electricity generation (if producing a rated output of more than 30 MW)	0.8 g/m3, calculated as NO2 at a 7% oxygen reference concentration	Australian Standard AS 3580.5.1
(c) Steam boiler, burning gaseous fuel	0.35 g/m3, calculated as NO2 at a 7% oxygen reference concentration	Australian Standard AS 3580.5.1
(d) Gas turbine, burning gaseous fuel, producing a rated electrical output of 10 MW or less	0.09 g/m3, calculated as NO2 at a 15% oxygen reference concentration	Australian Standard AS 3580.5.1
(e) Gas turbine, burning gaseous fuel, producing a rated electrical output of more than 10 MW	0.07 g/m3, calculated as NO2 at a 15% oxygen reference concentration	Australian Standard AS 3580.5.1
(f) Gas turbine, using fuel other than gaseous fuel, producing a rated electrical output of 10 MW or less	0.09 g/m3, calculated as NO2 at a 15% oxygen reference concentration	Australian Standard AS 3580.5.1
(g) Gas turbine, using fuel other than gaseous fuel, producing a rated electrical output of more than 10 MW	0.15 g/m3, calculated as NO2 at a 15% oxygen reference concentration	Australian Standard AS 3580.5.1
7	Vapour of a volatile organic liquid—in storage in large stationary tanks	(a) Incineration of emitted vapour	1.5 g/m3 of unburnt vapour	12% CO2 reference level
(b) Recovery of emitted vapour	110 mg of vapour per litre of liquid passing into the tank during any period of 4 hours	Environment Protection Authority of Victoria method B20: Volatile Organic Compounds
8	Vapour of a volatile organic liquid—during transfer into a delivery tank of capacity more than 12 kL at a rate exceeding 30 ML per year	(a) Incineration of emitted vapour	1.5 g/m3 of unburnt vapour	12% CO2 reference level
(b) Recovery of emitted vapour	110 mg of vapour per litre of liquid passing into the tank during any period of 4 hours	Environment Protection Authority of Victoria method B20: ‘Volatile Organic Compounds’
9	Fluorine compounds	Any source	0.05 g/m3 (expressed as hydrofluoric acid)	Australian Standard AS 3580.13.1 and AS 3580.13.2
10	Chlorine and chlorine compounds (except hydrochloric acid)	Any source	0.2 g/m3 (expressed as chlorine)	Sampling by Greenburg‑Smith impingement techniques, as set out in the Manual of Air Quality Testing, published by the NSW Environment Protection Authority, as in force on 1 August 1997, for determination of chlorine
11	Carbon monoxide	Any source (except a stationary industrial diesel vehicle or standby generator)	1.0 g/m3	Australian Standard AS 3580.7.1‑2011: direct‑reading instrumental method
12	Hydrogen sulphide	Any source	5.0 mg/m3	Australian Standard AS 3580.8.1
13	Antimony, arsenic, cadmium, lead, mercury or vanadium, or a compound of any of those substances	Any source	10.0 mg/m3 in aggregate, in any combination (expressed in each case as the relevant metal)	ICP standard method, with analysis, by NATA accredited laboratory, of collected particulate matter for heavy metals content
14	Cadmium and its compounds	Any source	3.0 mg/m3 (expressed as cadmium)	ICP standard method, with analysis, by NATA accredited laboratory, of collected particulate matter for heavy metals content
15	Nickel and its compounds (except nickel carbonyl)	Any source	20.0 mg/m3 (expressed as nickel)	ICP standard method
16	Nickel carbonyl	Any source	0.5 mg/m3 (expressed as nickel)	Environment Protection Authority of Victoria method B20: ‘Volatile Organic Compounds’; or National Institute for Occupational Safety and Health (NIOSH) method 6007
17	gaseous emission (excluding the effect of water vapour in the emission)	any undertaking	opacity greater than 20%	Australian Standard AS 4323.1‑1995

Note: This Schedule does not set out accepted limits for air pollutants emitted from a source other than a stationary source.

Part 2Ambient air quality objectives2.01Ambient objectives

The ambient objective for a substance mentioned in column 2 of table 2 is that concentrations of the substance in air at an airport, measured over the period of time mentioned in column 3, do not exceed the averaged concentration mentioned in column 4.

Table 2

Column 1 Item no.	Column 2 Substance	Column 3 Averaging period	Column 4 Ambient objective (maximum averaged concentration)
Part 1			µg/m3	(ppm)
1	Lead	3 months	1.5
2	Photochemical oxidants	1 hour 4 hours	210 170	0.10 0.08
3	Sulphur dioxide	1 year 1 hour 10 minutes	60 570 700	0.02 0.20 0.25
4	Total suspended particulates	1 year	90
5	Nitrogen dioxide	1 hour	320	0.16
6	Sulphates	1 year	15
Part 2			mg/m3	(ppm)
7	Carbon monoxide	8 hours	10.0	9

Note: The goals for photochemical oxidants assume measurement of ozone only (the major constituent of photochemical oxidant).

Schedule 2—Water pollutionaccepted limits

(subregulation 2.02(3) and paragraph 4.02(a))

1.01Interpretation

In this schedule:
fresh water means water containing total dissolved solids of less than 1000 mg/l, and includes any water of that quality in a pipe, drain or man‑made channel delivering water for use by humans or animals.
MPN/100ml means most probable number of coliform count per 100 millilitres.
marine water means ocean, sea, coastal or estuarine water, and includes river water affected by the tide.
seasonal mean TSS means the mean total of suspended solids for a climatic season, calculated in accordance with methodology acceptable to an airport environment officer for the airport concerned, taking into account the climatic and topographic conditions of the locality in which the airport is located.
waters has the same meaning as it has in regulation 2.02.

1.02Indicators of adverse chemical effect

(1)
Without limiting subregulation 2.02(1), the chemical condition of water is adversely affected if an event mentioned in this clause occurs.
Dissolved oxygen
(2)
There is an adverse effect if, because of the entry of a substance into waters, the dissolved‑oxygen content of the waters falls:
(a)
below 6 mg/l; or
(b)
to 80% of the average saturation level for a normal 24 hour period.
pH
(3)
There is an adverse effect if, because of the entry of a substance into waters, the pH of the waters:
(a)
for fresh water—falls below 6.5, or rises above 9.0; or
(b)
for marine water—rises by more than 0.2 pH unit.
Salinity
(4)
There is an adverse effect if, because of the entry of a substance into waters:
(a)
the salinity of the water rises above 1000 mg/l; or
(b)
the salinity rises by more than 5%.
Turbidity
(5)
There is an adverse effect if, because of the entry of a substance into waters:
(a)
the TSS (total suspended solids) of the waters changes by more than 10% from the seasonal mean TSS; or
(b)
visual clarity within the euphotic zone is reduced by more than 10% from the seasonal mean clarity.
Faecal coliforms
(6)
There is an adverse effect if, because of the entry of a substance into waters:
(a)
the median faecal coliform count of test samples of the waters exceeds 150 faecal coliform organisms/100 ml; and
(b)
the faecal coliform count of more than 20% of at least 5 test samples of the waters, taken at regular intervals during a period no longer than 1 month, exceeds 600 faecal coliform organisms/100ml.
Temperature
(7)
There is an adverse effect if, because of the entry of a substance into waters, the temperature of the waters rises by more than 2º C above the seasonal mean temperature.

1.03Table – accepted limits of contamination

This table sets out, for paragraph 4.02(a) of the regulations, the accepted limit for contamination of fresh water or marine water by a substance mentioned in column 2.

Column 1 Item no.	Column 2 Substance	Column 3 Accepted limit for fresh water (µg/1)	Column 4 Accepted limit for marine water (µg/l)
Inorganic toxicants:
1	Aluminium	100.0
2	Ammonia	20.0
3	Antimony	30.0	500.0
4	Arsenic	50.0	50.0
5	Beryllium*	4.0
6	Cadmium	0.2	2.0
7	Chromium	10.0	50.0
8	Copper*	2.0	5.0
9	Cyanide	5.0	5.0
10	Iron	1000.0
11	Lead	1.0	5.0
12	Mercury (except as provided in item 13)	0.1	0.1
13	Mercury, occurring as methylmercury	0.012	0.025
14	Nickel*	15.0	15.0
15	Selenium	5.0	70.0
16	Silver	0.1	1.0
17	Sulphide	2.0	2.0
18	Thallium	4.0	20.0
19	Tin (tributyltin)	0.008	0.002
20	Zinc*	5.0	50.0
Organic toxicants:
21	Surfactants and oil dispersants	<0.05 for a 96 hour period	<0.05 for a 96 hour period
Total petroleum hydrocarbon
21A	Fuel (C6–C9 fractions)	150.0
21B	Mineral oil (>C9 fractions)	600.0
Halogenated aliphatic compounds:
22	Hexachlorobutadiene	0.1	0.3
Monocyclic aromatic compounds:
23	Benzene	300.0	300.0
24	Ethylbenzene	140.0
25	Phenol	50.0	50.0
26	Toluene	300.0
Chlorinated benzenes
27	Monochlorobenzene	15.0
28	1,2 dichlorobenzene	2.5
29	1,3 dichlorobenzene	2.5
30	1,4 dichlorobenzene	4.0
31	1,2,3 trichlorobenzene	0.9
32	1,2,4 trichlorobenzene	0.5
33	1,3,5 trichlorobenzene	0.7
34	1,2,3,4 tetra‑chlorobenzene	0.1
35	1,2,3,5 tetra‑chlorobenzene	0.1
36	1,2,4.5 tetra‑chlorobenzene	0.2
37	Pentachlorobenzene	0.03
38	Hexachlorobenzene	0.007
Chlorinated phenols
39	Monochlorophenol	7.0
40	2,4 dichlorophenol	0.2
41	Trichlorophenol (total)	18.0
42	2,4,5 trichlorophenol	1.0	8.0
43	2,4,6 trichlorophenol	10.0
44	Tetrachlorophenol	1.0
45	2,3,4,6 tetra‑chlorophenol	1.0
46	Pentachlorophenol	0.05	0.2
Nutrients (in river or stream waters)
47	Phosphorus	10.0
48	Nitrogen	100.0
Nutrients (in lake or reservoir waters)
49	Phosphorus	5.0
50	Nitrogen	100.0
51	Chlorophyll‑a	2.0
Nutrients (in estuarine or embayment waters)
52	Phosphates, expressed as P	5.0
53	Nitrates, expressed as N	10.0
54	Ammonium, expressed as N	5.0
55	Chlorophyll‑a	1.0
Nutrients (in coastal waters)
56	Phosphates, expressed as P	1.0
57	Nitrates, expressed as N	10.0
58	Ammonium, expressed as N	5.0
59	Chlorophyll‑a	1.0
Pesticides:
Organochlorines
60	Aldrin	0.01	0.01
61	Chlordane	0.004	0.004
62	DDE	0.014	0.014
63	DDT	0.001	0.001
64	Dieldrin	0.002	0.002
65	Endosulfan	0.01	0.01
66	Endrin	0.003	0.003
67	Heptachlor	0.01	0.01
68	Lindane	0.003	0.003
69	Methoxychlor	0.04	0.04
70	Mirex	0.001	0.001
71	Toxaphene	0.008	0.008
Organophosphate
72	Chlorpyrifos	0.001	0.001
73	Demeton	0.1	0.1
74	Guthion	0.01	0.01
75	Malathion	0.07	0.1
76	Parathion	0.004	0.004
77	Acrolein	0.2	0.2
Phthalate esters:
78	di‑n‑butylphthalate	4.0	4.0
79	di(2‑ethylhexy) phthalate	0.6	0.6
80	other phthalate esters	0.2	0.2
Polyaromatic hydro‑carbons:
81	Polychlorinated biphenyls	0.001	0.001
82	Polycyclic aromatic hydrocarbons	3.0	3.0

Schedule 3—Soil pollutionaccepted limits

(subregulation 2.03(1), paragraph 4.02(a) and regulations 6.07 and 6.08)

1.01Table 1 – areas of an airport generally

(1)
Table 1 mentions in column 3, for paragraph 4.02(a) of the Regulations, the accepted limits of the pollutant substances mentioned in column 2.
(2)
The table mentions in column 2, for paragraph 6.07(1)(a) of the Regulations, certain pollutant substances that could cause an effect described in subregulation 2.03(1).
(3)
The table mentions in column 3, for each substance mentioned in column 2, the trigger level for subregulation 6.08(2).

Column 1 Item no.	Column 2 Substance	Column 3 Accepted limit/trigger Level (mg/kg)
1	Aldrin (including aldrin and dieldrin in combination)	50
2	Arsenic (total)	500
3	Benzo (a) pyrene	5
4	Beryllium	100
5	Cadmium	100
6	Chlordane	250
7	Chromium (III)	600,000
8	Chromium (VI)	500
9	Copper	5,000
10	Cyanides (complexed)	2,500
11	Dieldrin (including dieldrin and aldrin in combination)	20
12	DDT	1,000
13	Heptachlor	50
14	Lead	1,500
15	Manganese	7,500
16	Methyl mercury	50
17	Mercury (inorganic)	75
18	Nickel	3,000
19	Polycyclic aromatic hydrocarbon	100
20	PCB (total)	50
21	Phenol	42,500
22	Zinc	35,000
23	Total petroleum hydrocarbon—fuel (C6–C9 fractions)	800
24	Total petroleum hydrocarbon—mineral oil (>C9 fractions)	5,000
25	Benzene	1
26	Ethylbenzene	50
27	Toluene	130
28	Xylene	25

1.02Table 2 – areas of environmental significance

(1)
Table 2 mentions in column 3, for paragraph 4.02(a) of the Regulations, the accepted limits of the pollutant substances mentioned in column 2.
(2)
The table mentions in column 2, for paragraph 6.07(1)(b) of the Regulations, certain pollutant substances that could cause an effect described in subregulation 2.03(1).
(3)
The table mentions in column 3, for each substance mentioned in column 2, the trigger level for subregulation 6.08(2).
Note: A soil pH outside the range pH6 to pH8 is a trigger level for the purpose of subregulation 6.08(2)—see paragraph 6.08(2)(b).

Column 1 item no.	Column 2 Substance	Column 3 Accepted limit/trigger Level (mg/kg)
Heavy Metals
1	Antimony	20
2	Arsenic	20
3	Barium	200
4	Cadmium	3
5	Chromium	50
6	Cobalt	170
7	Copper	60
8	Lead	300
9	Manganese	500
10	Mercury	1
11	Molybdenum	20
12	Nickel	60
13	Tin	50
14	Zinc	200
Mineral pollutants
15	Boron	75
Phenolic compounds
16	Phenols (total)	0.5
Aromatic hydrocarbons
17	Benzene	0.5
18	Toluene	3
18A	Ethylbenzene	5
18B	Xylene	5
Total petroleum hydrocarbon
18C	Fuel (C6–C9 fractions)	100
18D	Mineral oil (>C9 fractions)	1,000
Polyaromatic hydrocarbons
19	PAH (total)	5
Chlorinated hydrocarbons
20	PCB (total)	1
Pesticides
21	Aldrin	0.05
22	Dieldrin	0.2
23	DDT	0.97
Other chemicals
24	Sulphate	2,000

Schedule 4—Excessive noiseguidelines

(subregulation 2.04(2) and paragraphs 4.07(a) and (b))

Part 1Introductory1.01Purpose of Schedule

For subregulation 2.04(2) of the Regulations, this Schedule sets out indicators of noise that is excessive.
Note: Generation of excessive noise is not, of itself, an offence under the Regulations.

1.02Interpretation

In this Schedule:
average maximum A‑weighted sound pressure level has the same meaning as it has in Australian Standard AS 1055.
A‑weighted sound pressure level has the same meaning as it has in Australian Standard AS 1055.
background noise level, at a particular place, means the level of noise, calculated as the A‑weighted sound pressure level measured at that place, using time weighting ‘F’, that is exceeded for 90% of a period of at least 15 minutes.
equivalent continuous A‑weighted sound pressure level has the same meaning as it has in Australian Standard AS 1055.
time weighting ‘F’ has the same meaning as it has in Australian Standard AS 1259.

Part 2Sensitive receptors2.01Application

This Part applies to sites of sensitive receptors, and a reference in a provision of this Part to a sound pressure is a reference to sound pressure audible at the site of a sensitive receptor.

2.02Noise from construction, etc

(1)
Noise generated from construction, maintenance or demolition of a building or other structure at an airport should not exceed 75 dB(A), calculated in accordance with subclause (2), at the site of a sensitive receptor.
(2)
For subregulation (1), the sound pressure level of a particular noise is the sound pressure level that is exceeded for 10% of a period of at least 15 minutes, adjusted to take account of tonal character and impulsiveness (if any) of the noise.

2.03Noise from road traffic

Noise generated from road traffic on the site of an operator of an undertaking at an airport should not exceed:
(a)
60 dB(A), calculated as the equivalent continuous A‑weighted sound pressure level for a 24 hour period of measurement; and
(b)
55 dB(A), calculated as the equivalent continuous A‑weighted sound pressure level for an 8 hour period of measurement from 22:00 hours on a particular day to 06:00 hours on the following day.

2.04Noise from rail traffic

Noise generated from rail traffic operated at an airport should not exceed:
(a)
87 dB(A), calculated as the average maximum A‑weighted sound pressure level for a period of at least 15 minutes measurement; and
(b)
60 dB(A), calculated as the equivalent continuous A‑weighted sound pressure level for a 24 hour period of measurement; and
(c)
55 dB(A), calculated as the equivalent continuous A‑weighted sound pressure level for an 8 hour period of measurement from 22:00 hours on a particular day to 06:00 hours on the following day.

2.05Noise from ground‑based aircraft operations

(1)
For ground‑based aircraft operations, there are no indicators of noise that is excessive, but the following considerations apply in determining whether noise is excessive.
(2)
Noise from ground‑based aircraft running for any reason should only be generated in a manner that is consistent with:
(a)
within 1 year after the airport at which the ground running is being conducted is first leased—guidelines for ground running published by the Federal Airports Corporation and in effect when these Regulations are made; or
(b)
at a time after 1 year after the airport is first leased—express provision in the final master plan for the airport.
(3)
In relation to other ground‑based operations and in relation to ground‑based aircraft running at times other than a time to which subclause (2) applies, matters to be considered are:
(a)
the distance between the source of the noise and the site of the sensitive receptor; and
(b)
the background noise level;
(c)
the time of day when the noise occurs; and
(d)
if the noise source is an aircraft engine—the power setting of the engine;
(e)
anything included in the final master plan (if any) for the airport at which ground running is being conducted that is relevant to this clause.
(3A)
This clause applies to noise generated from ground‑based aircraft running at Sydney West Airport before the first final master plan is in force for that airport as if:
(a)
the words “express provision in the final master plan” were omitted from paragraph (2)(b); and
(b)
the words “the conditions in an airport plan” were substituted in paragraph (2)(b); and
(c)
the words “final master plan (if any)” were omitted from paragraph (3)(e); and
(d)
the words “conditions in an airport plan” were substituted in paragraph (3)(e).
(4)
In this clause:
ground‑based aircraft operations means:
(a)
operation of an auxiliary power unit of an aircraft; or
(b)
ground‑based aircraft running; or
(c)
test‑bed running of an aircraft engine removed from an aircraft.
ground‑based aircraft running means test operation of an engine attached to an aircraft.

2.06Noise from other airport operations

(1)
This clause applies to noise generated from any of the following activities:
(a)
aircraft refuelling;
(b)
activities in connection with aircraft that do not involve the operating of an aircraft engine (for example, moving, maintaining or repairing aircraft);
(c)
operation of plant or machinery;
(d)
assembling of passengers or goods in connection with embarkation or disembarkation of aircraft;
(e)
operation of fixed audible alarm or warning systems.
(2)
Noise generated from an activity mentioned in subclause (1) should not exceed the background noise level at the sensitive receptor site:
(a)
between the hours of 07:00 and 22:00—by more than 5 dB(A); and
(b)
between 22:00 hours of a day and 07:00 hours of the next day—by more than 3 dB(A).
(3)
For subregulation (2), the sound pressure level of a particular noise is the sound pressure level that is exceeded for 10% of a period of at least 15 minutes, adjusted to take account of tonal character and impulsiveness (if any) of the noise.

Part 3Commercial receptors3.01Application

This Part applies to sites of commercial receptors, and a reference in a provision of this Part to a sound pressure is a reference to sound pressure measurable at the site of a commercial receptor.

3.02Noise from any source

For sites of commercial receptors, the indicators of noise that is excessive are the indicators mentioned for sites of sensitive receptors, but the following considerations also apply in determining whether noise is excessive at a particular site:
(a)
the nature of the business conducted at the site;
(b)
the time of day when the noise occurs;
(c)
the duration of the noise;
(d)
the nature and characteristics (if any) of the noise;
(e)
the background noise level.

Part 4Measuring noise4.01Procedures and standards

(1)
This clause sets out the procedures and standards to be applied by an airport environment officer in measuring noise for the purposes of the regulations.
Procedure
(2)
In making a measurement, an airport environment officer must do so:
(a)
at the most affected site of sensitive receptor, or commercial receptor, as the case requires; and

(b)
by a procedure that is in accordance with:
(i)
the relevant Australian Standard (if any) as in force at the commencement of these regulations; or
(ii)
if a procedure is detailed in the final master plan (if any) for the airport concerned—that procedure; or
(iii)
if neither paragraph (a) or (b) apply—a relevant procedure published by the International Organisation for Standardisation (if any), as in force at the commencement of these Regulations.
(2A)
Paragraph (2)(b) applies to a measurement of noise generated at, over or under Sydney West Airport before the first final master plan is in force for that airport as if:
(a)
the words “detailed in the final master plan (if any)” were omitted from subparagraph (ii) of that paragraph; and
(b)
the words “required by the conditions in an airport plan” were substituted.
Construction of buildings, etc
(3)
The standard to be applied in determining the level of noise generated from construction, maintenance or demolition of a building or other structure at an airport is Australian Standard AS 1055.
Road traffic
(4)
The standard to be applied in determining the level of noise generated from particular road traffic at an airport is Australian Standard AS 2702.
Rail traffic
(5)
The standard to be applied in determining the level of noise generated from particular rail traffic at an airport is Australian Standard AS 2377.
Ground‑based aircraft operations
(6)
The standard to be applied in determining the level of noise generated from particular ground based aircraft operations at an airport is Australian Standard AS 1055.
Other airport operations
(7)
The standard to be applied in determining the level of noise generated from an activity mentioned in subclause 2.06(1), at an airport, is Australian Standard AS 1055.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Number and year	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
13, 1997	21 Feb 1997	21 Feb 1997 (r 1.01)
112, 1997	21 May 1997	21 May 1997 (r 1)	—
201, 1997	24 July 1997	24 July 1997 (r 1)	—
96, 1998	21 May 1998	21 May 1998 (r 1)	—
209, 1998	1 July 1998	1 July 1998 (r 1)	—
349, 1998	22 Dec 1998	22 Dec 1998 (r 2)	—
13, 2002	21 Feb 2002	Sch 8: 21 Feb 2002 (r 2)	—
43, 2009	17 Mar 2009 (F2009L01022)	Sch 4: 18 Mar 2009 (r 2)	—
187, 2012	8 Aug 2012 (F2012L01664)	9 Aug 2012 (s 2)	—
188, 2012	8 Aug 2012 (F2012L01663)	Sch 1 (items 5–9): 9 Aug 2012 (s 2)	—

Name	Registration	Commencement	Application, saving and transitional provisions
Airports Legislation Amendment (Essendon Fields Airport) Regulations 2017	11 Oct 2017 (F2017L01341)	Sch 1 (item 5): 12 Oct 2017 (s 2(1) item 1)	—
Air Navigation (Aircraft Noise—Repeal and Consequential Amendments) Regulations 2018	29 Mar 2018 (F2018L00449)	Sch 1 (item 7): 1 Apr 2018 (s 2(1) item 1)	—
Airports Legislation Amendment (Sydney West Airport Measures No. 1) Regulations 2018	6 Apr 2018 (F2018L00469)	Sch 1 (items 7–15): 7 Apr 2018 (s 2(1) item 1)	—
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024	11 Oct 2024 (F2024L01299)	Sch 10 (items 30–37): 14 Oct 2024 (s 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
r 1.01.........................................	rs No 349, 1998
r 1.03.........................................	am F2018L00449
r 1.03A......................................	ad No 96, 1998
am No 209, 1998; No 43, 2009; No 187, 2012; F2017L01341
r 1.05.........................................	am No 96, 1998; No 349, 1998; No 187, 2012; No 188, 2012
r 1.06.........................................	am No 112, 1997
rs No 188, 2012
r 1.08.........................................	rs No 112, 1997
am No 349, 1998
Part 2
Division 1
r 2.03.........................................	am F2018L00469
Part 3.........................................	rep No 187, 2012
r 3.01.........................................	rs No 96, 1998
am No 209, 1998; No 43, 2009
rep No 187, 2012
r 3.01A......................................	ad No 96, 1998
rep No 187, 2012
r 3.02.........................................	rep No 187, 2012
r 3.03.........................................	rep No 187, 2012
r 3.04.........................................	rep No 187, 2012
r 3.05.........................................	rep No 187, 2012
r 3.06.........................................	rep No 187, 2012
r 3.07.........................................	rep No 187, 2012
r 3.08.........................................	rep No 187, 2012
r 3.09.........................................	rep No 187, 2012
r 3.10.........................................	rep No 187, 2012
r 3.11.........................................	rep No 187, 2012
Part 4
Division 1
r 4.01.........................................	am No 112, 1997
r 4.02.........................................	am No 349, 1998
Division 2
r 4.04.........................................	am No 187, 2012
r 4.05.........................................	am No 112, 1997; No 13, 2002
Part 5
Division 1
r 5.04.........................................	am No 187, 2012; F2018L00469
r 5.05.........................................	am F2024L01299
Division 2
r 5.08.........................................	am No 349, 1998
r 5.09.........................................	am No 187, 2012; F2018L00469
r 5.18.........................................	am No 112, 1997; No 13, 2002
r 5.19.........................................	am No 112, 1997
Part 6
Division 1
r 6.01.........................................	am No 201, 1997; No 13, 2002
r 6.02.........................................	am No 112, 1997; No 349, 1998; No 13, 2002; No 187, 2012
r 6.03.........................................	am No 349, 1998; No 187, 2012; F2018L00469
r 6.04.........................................	am No 349, 1998; No 13, 2002
r 6.06.........................................	am No 112, 1997
Division 2
r 6.07.........................................	am No 187, 2012
r 6.08.........................................	am No 349, 1998
r 6.09.........................................	am No 201, 1997; No 349, 1998
r 6.11.........................................	am No 112, 1997
r 6.12.........................................	am F2018L00469
Division 3
r 6.14.........................................	am No 112, 1997; No 201, 1997
Division 4
r 6.18.........................................	am No 112, 1997
r 6.19.........................................	am No 349, 1998
Part 7
Division 1
r 7.05.........................................	am No 112, 1997; No 13, 2002
r 7.06.........................................	am No 112, 1997; No 13, 2002
Division 2..................................	rep No 112, 1997
r 7.07.........................................	rep No 112, 1997
r 7.08.........................................	rep No 112, 1997
Part 8
Division 2
r 8.02.........................................	am No 112, 1997
r 8.03.........................................	am No 112, 1997; No 96, 1998
Part 9
Division 1
r 9.01.........................................	am No 112, 1997; No 349, 1998
Division 2
Division 2 heading......................	rs F2024L01299
r 9.04.........................................	am F2024L01299
r 9.05.........................................	am F2024L01299
r 9.06.........................................	am F2024L01299
Part 10
r 10.04.......................................	am No 112, 1997
r 10.07.......................................	ad No 96, 1998
Schedule 1
Schedule 1..................................	am No 349, 1998; No 188, 2012
Schedule 2
Schedule 2..................................	am No 112, 1997; No 349, 1998
Schedule 3
Schedule 3..................................	am No 349, 1998
Schedule 4
Schedule 4..................................	am No 187, 2012; No 188, 2012
ed C7
am F2018L00469