Airports (Environment Protection) Regulations (Amendment) (Cth)

Statutory Rules 1997No. 201 1

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Airports (Environment Protection) Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Airports Act 1996.

Dated 23 July 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

john sharp

Minister for Transport and Regional Development

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1.   Amendment

1.1   The Airports (Environment Protection) Regulations are amended as set out in these Regulations.

[Note:  These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 6.01 (Existing pollution to be reported)

2.1   Subregulations 6.01 (1) and (2):

Omit the subregulations, substitute:

 “6.01. (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.”.

2.2   Subregulation 6.01 (4):

Omit the subregulation, substitute:

 “(4) The airport environment officer must give a copy of the information to the airport-lessee company for the airport unless the information was provided by the airport-lessee company.

Penalty: 10 penalty units.”.

2.3   Subregulation 6.01 (6):

Omit the subregulation, substitute:

 “(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.”.

3.   Regulation 6.09 (Expert site examination)

3.1   Subregulation 6.09 (1):

Omit “occupier of the site”, substitute “occupier of the area”.

3.2   Subregulation 6.09 (6):

Omit the subregulation, substitute:

 “(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.”.

4.   Regulation 6.14 (Occupier may prepare remedial plan)

4.1   Subregulation 6.14 (4):

Omit the subregulation, substitute:

 “(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.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 July 1997.

2. Statutory Rules 1997 No. 13 as amended by 1997 No. 112.