Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p26
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 65181–67912

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 a class of persons nominated by the Secretary, as eligible for appointment in the State in which the airport is located.
 (2) A person suitable for nomination by the Secretary is:
 (a) a person who, because of his or her qualifications or employment, is recognised in the State in which the airport is located as having expertise in environmental protection issues; or
 (b) if a person of the kind described in paragraph (a) is not available—a person who, because of his or her qualifications or employment, is recognised in another State as having expertise in environmental protection issues.
 (3) The Secretary must ensure that an airport environment officer for an airport is aware of the persons, and classes of persons, that the Secretary has nominated as eligible for appointment in the State in which the airport is located.

6.11  Conduct of examination
 (1) A site investigator must not carry out an examination under regulation 6.09, until:
 (a) he or she has given to the appointed assessor a detailed outline of the proposed manner and scope of the examination; and
 (b) the assessor has approved the outline.
 (2) An assessor must give the site investigator written notice approving, or refusing to approve, an outline before the end of 7 days after receiving the outline.
 (3) An examination must:
 (a) have regard to the history of the examination site as an area of the airport concerned, and take full account of changes to the state of contamination of soil in the area; and
 (b) have regard to items 5.1, 5.2, 5.3, 5.4, 5.5 and 5.6 of 'Australian Guidelines for the Assessment and Management of Contaminated Sites (1992)' published jointly by the Australian and New Zealand Environment and Conservation Council and the National Health and Medical Research Council.

6.12  Site investigator's report
 (1) A report of a site investigator under subregulation 6.09(4) must address at least:
 (a) the potential beneficial uses of the area under examination, having regard to the final master plan (if any) for the airport concerned; and
 (b) in relation to a pollutant of particular concern—the background level of other pollutants in the area; and
 (c) in relation to a pollutant of particular concern—the level of pollution mentioned in Schedule 3 as the accepted level; and
 (d) in relation to a pollutant of particular concern—the potential impact of the pollutant on soil and groundwater in the area of examination, and elsewhere.
 (2) Paragraph (1)(a) applies to a report of an