Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p11
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 26667–29618

be enforced under regulation 7.02.

4.05  Duty to give notice of cultural, etc discovery
 (1) The operator of an undertaking at an airport who, in the course of operating the undertaking, or carrying out work in connection with the undertaking, discovers an object, species or ecological community that indicates that the site of the undertaking, or other work, is a site of previously unrecognised significance:
 (a) for local biota or the ecosystems and habitats of native species; or
 (b) of the kind mentioned in paragraph 132(1)(c) or (d) of the Act;
must give written notice of the discovery to the airport‑lessee company for the airport and the airport environment officer.
Penalty: 50 penalty units.
 (1A) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (2) An airport‑lessee company, or airport environment officer, receiving notice under subregulation (1) must:
 (a) seek expert advice from an appropriate person on appropriate conservation measures (if any); and
 (b) consult with the operator of the undertaking about reasonable means of giving effect to the recommended measures; and
 (c) record the discovery in the environmental site register for the airport kept under subregulation 6.02(3).
 (3) For subregulation (2), appropriate person means:
 (a) the Department of the Environment, Sport and Territories; or
 (b) a body established in the State in which the airport is located, having responsibilities in relation to conservation of local biota, habitat, heritage or kindred matters.

Division 3—Offensive noise

4.06  General duty to prevent offensive noise occurring
 (1) The operator of an undertaking at an airport must take all reasonable and practicable measures:
 (a) to prevent the generation of offensive noise from the undertaking; or
 (b) if prevention is not reasonable or practicable—to minimise the generation of offensive noise from the undertaking.
 (2) Whether a measure is reasonable and practicable is a judgment to be made by an airport environment officer having regard to:
 (a) the circumstances in which a particular noise is generated, and current standards in best‑practice management of generation of noise in those circumstances; and
 (b) the current state of technical knowledge about preventing, or minimising, excessive noise being generated from an undertaking of the kind being operated; and
 (c) all measures that might practicably be used to prevent or minimise the excessive noise, and the probable benefits and detriments (if any) that should be expected from the implementation of each measure.
 (3) Failure to comply with subregulation (1) does not, of itself, constitute a contravention of these Regulations, but compliance may be enforced under regulation 7.03.

4.07  Assumed compliance with general duty
  An operator of an undertaking at an airport is complying with subregulation 4.06(1) if:
 (a)