Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p30
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 75286–78068

of time within which the remedial work must be undertaken.
 (7) An order may be served even though:
 (a) a prosecution or other proceeding in relation to the pollution has been commenced; or
 (b) the undertaking is not operating at the time the notice is served; or
 (c) the undertaking is not causing further pollution of the kind to which the notice relates at the time it is served; or
 (d) the pollution occurred, or is occurring, because of something done before these regulations commenced.
 (8) A person who receives an order under this regulation must comply with the order.
Penalty for contravention of this subregulation: 50 penalty units.

6.19  Power to enter and perform remedial work
 (1) At any reasonable time an airport environment officer or an authorised person may enter an area of the airport occupied by an undertaking at the airport and carry out necessary environmental remedial work if:
 (a) the operator of the undertaking has been given an order under regulation 6.18 requiring it to carry out remedial work, but the work has not been carried out to the satisfaction of the airport environment officer:
 (i) within the period stated for the purpose in the notice; or
 (ii) if no period is stated—within a reasonable period; or
 (b) the airport environment officer believes, on reasonable grounds, that because of circumstances of urgency, or in the interests of public health or safety, it is necessary to enter the area and carry out the work.
 (2) For subregulation (1), authorised person means a person engaged by an airport environment officer to carry out the necessary environmental remedial work.
 (3) Subregulation (1) applies even if:
 (a) the pollution occurred before these Regulations commenced; or
 (b) the pollution occurred, or is occurring, because of something done before these Regulations commenced.
 (4) Remedial work that may be carried out under this regulation is not limited to remedial work specified in the order mentioned in paragraph (1)(a).

Part 7—Enforcement

Division 1—Environment protection orders

7.01  Pollution
 (1) An airport environment officer may make an environment protection order directing the operator of an undertaking at an airport, in writing:
 (a) to comply with a duty under regulation 4.01, by taking a particular action:
 (i) to prevent, or minimise, the generation of pollution; or
 (ii) to capture generated pollution; or
 (b) to cease generating a pollutant of a type, or at a level, in relation to which a duty under that regulation does not otherwise 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