Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p31
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 77823–80597

arise.
 (2) The airport environment officer must not make an order under subregulation (1) unless he or she:
 (a) finds:
 (i) the undertaking is creating, or contributing to, a level of environmental pollution that is likely to become harmful or offensive; and
 (ii) the operator is not taking all measures that are reasonable and practicable to ensure that the undertaking ceases to generate the pollution; and
 (b) gives the operator at least 48 hours in which to make a submission to the airport environment officer, or an officer authorised for the purpose of this regulation, and takes account of any submission made by the operator.
 (3) Paragraph (2)(b) does not apply to an order that the airport environment officer declares to be an emergency environment protection order.

7.02  Preservation of habitat, etc
 (1) An airport environment officer may make an environment protection order directing the operator of an undertaking at an airport, in writing, to comply with a duty under regulation 4.04 by taking a particular action to avoid, or minimise, a particular adverse consequence.
 (2) The airport environment officer must not make an order under subregulation (1) unless he or she:
 (a) finds that the operator is not taking all measures that are reasonable and practicable to ensure that the undertaking avoids, or minimises, the adverse consequence; and
 (b) gives the operator at least 48 hours in which to make a submission to the Secretary, or an officer authorised for the purpose of this regulation, and takes account of any submission made by the operator.
 (3) Paragraph (2)(b) does not apply to an order that the Secretary declares to be an emergency environment protection order.

7.03  Excessive noise
 (1) An airport environment officer may make an environment protection order directing the operator of an undertaking at an airport, in writing, to comply with a duty under regulation 4.06 by taking a particular action to minimise the generation of excessive noise.
 (2) The airport environment officer must not make an order under subregulation (1) unless he or she:
 (a) finds that the operator is not taking all measures that are reasonable and practicable to ensure that the undertaking ceases to generate noise that is excessive; and
 (b) gives the operator at least 48 hours in which to make a submission to the Secretary, or an officer authorised for the purpose of this regulation, and takes account of any submission made by the operator.
 (3) Paragraph (2)(b) does not apply to 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