Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p14
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 34690–37504

paragraph; and
 (b) the words "an airport plan for the airport" were substituted.
 (3) The Minister's decision must be based on expert environmental advice, and, for that purpose, the Minister may consult:
 (a) Commonwealth and State bodies, or officers, having relevant expertise; and
 (b) relevant independent experts.

5.05  Notification of determination
 (1) The Minister must:
 (a) give an airport‑lessee company applicant written notice of the decision under regulation 5.04 before the end of 30 days after receipt of the application; and
 (b) if the decision is to grant approval—notify the decision in the Gazette before the end of 15 days after the decision.
 (2) If approval is refused, or is granted subject to a condition, the notice to the airport‑lessee company must set out the reasons for the decision.
 (3) An approval begins to take effect on the day notification appears in the Gazette.
Note: Under section 242 of the Act, application may be made to the Administrative Review Tribunal for review of the Minister's decision.

Division 2—Authorisations

5.06  Effect of authorisation
 (1) An authorisation authorises the person to whom it applies to observe the general objects of these Regulations by carrying out an act, or an act in the class of acts, or acts in a sequence of acts, mentioned in the authorisation, during the period for which the authorisation has effect.
 (2) For subregulation (1), act includes an omission and a failure to act.

5.07  Application for authorisation
 (1) Application for an authorisation may be made, in writing, to an airport environment officer.
 (2) An application must set out:
 (a) the name of the applicant; and
 (b) the name of the airport concerned; and
 (c) the act, class of acts or sequence of acts, for which the authorisation is sought; and
 (d) any accepted limit under a Schedule that is intended to be exceeded, and the likely extent of the excess; and
 (e) the reason why the authorisation is needed; and
 (f) the period for which the authorisation is needed.
 (3) An application must be supported by an environment management plan detailing the actions that the applicant proposes to take, during the period for which the authorisation has effect:
 (a) that the applicant expects will ensure that pollution emissions overall are not more environmentally damaging than would be the case if exact compliance with the accepted limits mentioned in the Schedules were achieved; or
 (b) if the applicant believes the outcome described in paragraph (a) can be achieved only by incremental improvements over a greater period of time—to make satisfactory progress toward achievement of that outcome.
 (4) An airport environment officer may request the applicant, in writing, to provide further information, mentioned in the notice, that is reasonably