Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p24
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 60292–62925

(i) is likely to have previously experienced some pollution; and
 (ii) is subject to a sublease or licence that is about to expire or is proposed to be terminated or transferred; or
 (d) the soil is in area of land that is affected by a proposed change of use, under a final master plan for the airport, of a kind described in subregulation (2).
 (2) A change of use to which paragraph (1)(d) applies is a change that necessitates greater environmental protection measures because the use will result in the land being used in a way, or for a purpose, that will, or is reasonably likely to, cause greater harm:
 (a) to an aspect of the environment; or
 (b) to the health, safety or, in any respect, the welfare of, human beings.
 (3) For paragraph (1)(c), the sublessee or licensee must give an airport environment officer for the airport, at least 2 months before the expected occurrence of the event mentioned in subparagraph (1)(c)(ii), a written report of an expert investigation of the condition of soil in the area of the sublease or licence.
Penalty: 20 penalty units.
 (4) In this regulation, sublease or licence means:
 (a) a sublease, or licence, granted by the airport‑lessee company for premises, or an undertaking, at the airport; or
 (b) any lease, or licence, subordinate to a sublease or licence described in paragraph (a).

6.08  Assessment of contamination of soil
 (1) An airport environment officer making an assessment under paragraph 6.07(1)(a) or (b) must:
 (a) test, in accordance with regulation 1.08, samples of soil or groundwater that will indicate whether or not soil contamination has occurred; and
 (b) make a written record of the result of the test.
 (1A) However, for subregulation (1), an airport environment officer need not carry out a test if:
 (a) a test of the same kind has been carried out by another person; and
 (b) that test was in accordance with regulation 1.08; and
 (c) there is a written record of the result of that test; and
 (d) the airport environment officer believes it is reasonable to rely on the result of that test.
 (2) A test result that shows:
 (a) the presence of a polluting substance mentioned in column 2 of the applicable table in Schedule 3 at, or greater than, the trigger level mentioned for the substance in column 3 of the table; or
 (b) that the pH of the soil is outside the range 6 to 8;
indicates contamination of the soil requiring the airport environment officer to make a decision under subregulation (3).
 (3) If testing indicates contamination of the soil, the airport environment officer must decide whether:
 (a) measures being taken by the occupier