Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p32
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 80340–83053

an order that the Secretary declares to be an emergency environment protection order.

7.04  Order 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.

7.05  Compliance 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.

7.06  Compliance 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