Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p18
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 44995–47709

regulation.

5.16  Authorisations may be varied or revoked
 (1) Whether or not a request is received under subregulation (2), an airport environment officer, if satisfied that in all the circumstances it is proper to do so, may vary or revoke an authorisation.
 (2) An authorisation holder may request an airport environment officer, in writing, to vary the authorisation.
 (3) The request must set out:
 (a) the act, or the class of acts, for which the variation is sought; and
 (b) the reason why the variation is needed; and
 (c) the period for which the variation is needed.
 (4) A variation or revocation that:
 (a) is notified to the authorisation holder orally; and
 (b) is declared by an airport environment officer to take effect immediately, in order to deal appropriately with an emergency;
has effect only until the end of 48 hours after notification, unless notification is also given in writing before the end of that period.
 (5) Except as provided by subregulation (4), a variation or revocation is not effective until it is notified in writing to the authorisation holder.
 (6) In proceedings against a person under these Regulations, the fact that an authorisation has been varied or revoked must be disregarded if:
 (a) the person is not the authorisation holder; and
 (b) it is established that the person did not know, and could not reasonably be expected to have known, that the authorisation has been varied or revoked.
 (7) Regulations 5.08, 5.09 and 5.14 apply to a variation of an authorisation as if it were a grant of an authorisation.

5.17  Annual report by holder
  The holder of an authorisation granted for a period longer than 1 year must give the airport environment officer who granted the authorisation (or that person's successor) a report for each year that the authorisation is in force, setting out:
 (a) details of the holder's performance in giving effect to the holder's plan under subregulation 5.07(3); and
 (b) details of progress (if any) made in reducing the generation of pollution or noise that is generated in excess of the approved limit, under the Schedules, for pollution or noise of that kind; and
 (c) any failure by the holder to comply with the terms and conditions (if any) of the authorisation.

5.18  Failure to comply with condition of authorisation
 (1) This regulation applies to an operator of an airport undertaking who has been granted an authorisation, and who:
 (a) contravenes a condition of the authorisation; or
 (b) knows of a contravention of a condition of the authorisation.
 (2) The operator must report the contravention to an airport environment officer:
 (a) before the end of 24 hours after the event; or
 (b) if the operator learns