Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p16
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 39922–42755

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.

5.10  Notification 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.

5.11  Authorisation 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