Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p8
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 18916–21733

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 2—Offensive noise

2.04  What 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 4—Duties of operators of undertakings at airports

Division 1—Pollution

4.01  General 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