Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p27
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 67677–70508

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 examination carried out in relation to Sydney West Airport before the first final master plan comes into force for that airport as if:
 (a) the words "the final master plan (if any)" were omitted from that paragraph; and
 (b) the words "an airport plan" were substituted.

6.13  Assessor's report
 (1) A report of an assessor under subregulation 6.09(5) must address at least whether, in the opinion of the assessor, having regard to the site investigator's report:
 (a) soil pollution has occurred; and
 (b) the pollution is sufficient, in the area examined, to inhibit viable development of a beneficial use, within the meaning of subregulation 2.03(1); and
 (c) the pollution is localised in a way that could enable development of a beneficial use, within the meaning of subregulation 2.03(1), to occur in the area examined.
Note: Soil pollution is defined in subregulation 2.03(1).
 (2) If the assessor believes there is soil pollution, the report must identify:
 (a) the polluting substance or substances; and
 (b) the likely cause or causes of the pollution; and
 (c) the source, or likely source, of the pollution.

Division 3—Remedial plan for soil pollution

6.14  Occupier may prepare remedial plan
 (1) An occupier of an area, at an airport, that is reported, under regulation 6.13, to be the source, or likely source, of soil pollution, may submit to the airport environment officer for the airport a plan for cleaning up, remedying or rectifying the pollution, as appropriate.
 (2) The plan must be developed in consultation, and agreement, with the assessor who has reported the pollution, regarding:
 (a) if the plan is for cleaning up—the soil quality standards that can reasonably be achieved, and a timetable for a clean up that will:
 (i) end migration of pollution from the area occupied (if that is occurring) within the shortest time reasonably practicable; and
 (ii) restore all affected potential beneficial uses, within the meaning of subregulation 2.03(1), before the occupier ceases occupation; and
 (iii) restore all beneficial uses, within the meaning of subregulation 2.03(1), of subterranean groundwater (if any) before the occupier ceases occupation; or
 (b) otherwise—an appropriate risk management program that will, at least:
 (i) end migration of pollution from the area occupied (if that is occurring) within the shortest time reasonably practicable; and
 (ii) ensure that any ongoing effects of the pollution are minimised.
 (3) The airport environment officer must, before the end of 30 days after receipt of the plan:
 (a) approve or refuse to approve the