Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p12
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 29352–32315

(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) noise is generated from the undertaking that, under the guidelines in Schedule 4, is not regarded as offensive; or
 (b) noise is generated from the undertaking that, under the guidelines in Schedule 4, could be regarded as offensive, but that is not:
 (i) if, under regulation 5.04 the Minister has approved a local standard for the airport—more than the acceptable limit set by that standard; or
 (ii) if, under regulation 5.09, the operator is the holder of an authorisation:
 (A) more than the acceptable limit (if any) set by the authorisation; or
 (B) inconsistent with the authorisation.

4.08  Duty—noisy, or potentially noisy, equipment
  The operator of an undertaking at an airport is not complying with subregulation 4.06(1) if equipment, the use of which could result in offensive noise being generated from the undertaking:
 (a) is operated in a manner that is not proper and efficient; or
 (b) is not maintained in a proper and efficient condition.

4.09  Duty—noise control equipment
 (1) This regulation applies to equipment ('operating equipment') used by the operator of an airport undertaking, in carrying on the undertaking, if noise control equipment is:
 (a) fitted to, or supplied with, the operating equipment when it is supplied to the operator; or
 (b) specified or recommended for the operating equipment by the manufacturer or supplier.
 (2) The operator is not complying with subregulation 4.06(1) when using the operating equipment unless:
 (a) it is fitted with the noise control equipment, or noise control equipment having comparable effect; and
 (b) the noise control equipment is:
 (i) maintained in proper and efficient condition; and
 (ii) used effectively whenever the operating equipment is used.

Part 5—Local standards and individual authorisations

Division 1—Local standards

5.01  Purpose
  The purpose of this Division is to enable flexibility in the administration of standards under these Regulations where, because of climatic, topographic and similar considerations peculiar to an airport, or to the region in which an airport is located, inflexibility would be unreasonable.

5.02  Airport‑lessee company may initiate consultations
 (1) The airport‑lessee company for an airport, if it considers, for the reason given in regulation 5.01, that a standard mentioned in a Schedule to these Regulations as an accepted limit of contamination or noise is inappropriate for application to the airport, may propose a substitute standard ('local standard').
 (2) Before determining an appropriate local standard, the airport‑lessee company must:
 (a) advertise, in a newspaper that has general circulation in the State in which the airport is located, the