Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p15
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 37225–40161

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.

5.08  Certain 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.

5.09  Determination 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