Schedule 1 Amendment of Airports (Environment Protection) Regulations

Do not delete : Schedule Part placeholder

(regulation 3)

[1] Regulation 1.01

substitute

1.01 Name of regulations

These regulations are the Airports (Environment Protection) Regulations 1997.

[2] Regulation 1.05

insert

rescue and fire fighting service means a rescue and fire fighting service in accordance with Annex 14 to the Convention on International Civil Aviation done at Chicago on 7 December 1944.

[3] Subparagraph 1.08 (b) (iii)

substitute

(iii) the American Society for Testing and Materials.

[4] Regulation 4.02

omit

An operator

insert

(1) An operator

[5] Paragraph 4.02 (a)

omit

Part 2 in

insert

Part 1 of

[6] Paragraph 4.02 (a)

omit

salt water

insert

marine water

[7] Regulation 4.02

insert

(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

(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.

[8] After subregulation 5.08 (2)

insert

(3) The applicant for the authorisation must pay the reasonable costs of the advertisement, including the cost of preparing the advertisement.

[9] Subregulation 6.02 (1)

substitute

(1) An airport-lessee company must monitor, in accordance with its environment strategy:

(a) the levels of pollution, if any, present in air, water or soil at the airport; and

(b) the level of noise generated at the airport.

[10] Regulation 6.03

omit

The airport-lessee company for an airport must give the Secretary a report each year

insert

(1) The airport-lessee company for an airport must give the Secretary a report for each financial year, or another reporting period that the Secretary determines,

[11] Regulation 6.03

insert

(2) The airport-lessee company must give its report for a reporting period to the Secretary not later than 120 days after the end of the reporting period.

[12] Subregulation 6.04 (1)

after

for the airport

insert

, within 14 days,

[13] Subregulation 6.04 (2)

after

for the airport

insert

, within 14 days,

[14] After subregulation 6.08 (1)

insert

(1A) However, for subregulation (1), an airport environment officer need not carry out a test if:

(a) a test of the same kind has been carried out by another person; and

(b) that test was in accordance with regulation 1.08; and

(d) the airport environment officer believes it is reasonable to rely on the result of that test.

[15] Subregulation 6.09 (1)

omit

subregulation 6.07 (2) or (3)

insert

subregulation 6.07 (1)

[16] Paragraphs 6.19 (1) (a), (b) and (c)

substitute

(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.

[17] Paragraph 9.01 (1) (e)

omit

[18] Paragraph 9.01 (1) (k)

omit

way; or

insert

way.

[19] Paragraph 9.01 (1) (l)

omit

[20] Schedule 1, clause 1.02

omit

paragraph 2.02 (1)

insert

subparagraph (a) (i) of the definition of pollutant in subregulation 2.01 (2)

[21] Schedule 1, clause 1.02, table 1, item 1, column 3

omit

(including Civil Aviation Safety Authority fire control or rescue training)

[22] Schedule 1, clause 1.02, table 1, item 4, column 5

omit

Clean Air Regulations (NSW) 1962 (Schedule 2 Appendix A)

insert

Manual of Air Quality Testing, published by the NSW Environment Protection Authority, as in force on 1 August 1997

[23] Schedule 1, clause 1.02, table 1, item 10, column 5

omit

Appendix A of Clean Air Regulations (NSW) 1962,

insert

the Manual of Air Quality Testing, published by the NSW Environment Protection Authority, as in force on 1 August 1997,

[24] Schedule 2, clause 1.03, table, after item 21

insert

	Total petroleum hydrocarbon
21A	Fuel (C6–C9 fractions)	150.0
21B	Mineral oil (>C9 fractions)	600.0

[25] Schedule 3, clause 1.01, table 1, after item 22

insert

23	Total petroleum hydrocarbon — fuel (C6–C9 fractions)	800
24	Total petroleum hydrocarbon — mineral oil (>C9 fractions)	5,000
25	Benzene	1
26	Ethylbenzene	50
27	Toluene	130
28	Xylene	25

[26] Schedule 3, clause 1.02, table 2, column 2, before item 17

omit

Monoaromatic hydrocarbons

insert

Aromatic hydrocarbons

[27] Schedule 3, clause 1.02, table 2, item 17, column 3

substitute

0.5

[28] Schedule 3, clause 1.02, table 2, item 18, column 3

substitute

[29] Schedule 3, clause 1.02, table 2, after item 18

insert

18A	Ethylbenzene	5
18B	Xylene	5
	Total petroleum hydrocarbon
18C	Fuel (C6–C9 fractions)	100
18D	Mineral oil (>C9 fractions)	1,000

Notes

1. These regulations amend Statutory Rules 1997 No. 13, as amended by 1997 Nos. 112 and 201; 1998 No. 96 and 209.

2. Made by the Governor-General on 17 December 1998, and notified in the Commonwealth of Australia Gazette on 22 December 1998. Administered by the Minister for Transport and Regional Services.