Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p25
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 62653–65413

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 of the affected site are likely to manage, or mitigate the effect of, the indicated contamination; or
 (b) because of the possibility that the contamination is causing, or could cause, an effect described in subregulation 2.03(1)—a conclusive expert examination of the site is necessary.
Note: Subject to Part 18 of the Act, an authorised officer for that Part (who could be an airport environment officer, or a person employed or engaged by an airport environment officer) may take samples of soil and groundwater.
 (4) A copy of the record of the result of the test, and of the airport environment officer's decision, must be given to the airport‑lessee company.

6.09  Expert site examination
 (1) An airport environment officer who is making an assessment, under subregulation 6.07(1), of the condition of soil in an area of an airport, or who has decided, under subregulation 6.08(3), that an area of an airport site requires expert examination, may direct the occupier of the area, in writing, to arrange an examination of the area.
 (2) An occupier receiving a direction must appoint:
 (a) a site investigator who has qualifications and experience appropriate to the nature of the examination; and
 (b) an assessor.
Penalty: 50 penalty units.
 (3) At the request of an occupier, an airport environment officer must give the occupier a list of persons who, under regulation 6.10, are eligible to be appointed as an assessor.
 (4) Before the end of 2 months after the airport environment officer's direction is received, or any longer period allowed, in writing, by the airport environment officer, an examination by the site investigator must be completed and a written report of the examination given to the assessor.
 (5) Before the end of 2 months after the assessor receives a report under subregulation (4), the assessor must give to the airport environment officer a written report on the site investigator's report.
 (6) In this regulation:
occupier of an area at an airport means:
 (a) if the area is not subject to a sublease or licence subordinate to the relevant airport lease—the airport‑lessee company; or
 (b) if the area is subject to such a sublease or licence—the person having the right to occupy the area under:
 (i) the sublease or licence; or
 (ii) any lease or licence subordinate to the sublease or licence.

6.10  Eligible persons to be appointed assessor
 (1) For regulation 6.09, an assessor may only be a person nominated by the Secretary, or a person in