Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p9
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 21456–24276

minimise the generation of pollution from the undertaking.
 (2) The considerations that determine whether a measure is reasonable and practicable include:
 (a) the sensitivity of the receiving environment to pollution that the undertaking is capable of generating; and
 (b) the nature of the harm that pollution that the undertaking is capable of generating will cause, or has potential to cause; and
 (c) the current state of technical knowledge about preventing, or minimising, pollution being generated from an undertaking of the kind being operated; and
 (d) all measures that might practicably be used to prevent or minimise the pollution, and the probable benefits and detriments (if any) that should be expected from the implementation of each measure.
 (3) Failure to comply with subregulation (1) does not, of itself, constitute a contravention of these Regulations, but compliance may be enforced under regulation 7.01.

4.02  Assumed compliance with general duty
 (1) An operator of an undertaking at an airport is complying with subregulation 4.01(1), despite the generation of pollution from the undertaking, when the quantity, or rate, being generated is not:
 (a) if the pollutant is a substance mentioned in column 2 of a table in Part 1 of Schedule 1, in Schedule 2 or Schedule 3—more than the limit mentioned in the table as the accepted limit for contamination of air, fresh water, marine water or soil, as the case may be, by that pollutant; or
 (b) 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
 (c) if, under regulation 5.09, the operator is the holder of an authorisation:
 (i) more than the acceptable limit (if any) set by the authorisation; or
 (ii) inconsistent with the authorisation.
 (2) However, the provider of a rescue and fire fighting service for an airport need not comply with the limit mentioned in item 1 of table 1 in clause 1.02 of Schedule 1 for the emission of dark smoke if the provider is complying with an agreement with the Secretary of the Department that:
 (a) provides for education of the public, the airport‑lessee company and airport tenants about fire training activities; and
 (b) provides for telling the airport‑lessee company and the airport environment officer before a fire training event; and
 (c) provides for limiting fire training activity in unsuitable weather conditions; and
 (d) provides for telling the airport environment officer of any environmental incident caused by fire training activities; and
 (e) promotes the extent of night fire training events; and
 (f) is in force for a period, stated in the agreement, of not more than 3 years.

4.03  Duty—pollution control equipment
 (1) This regulation applies to equipment ('operating equipment') used by