Airports (Environment Protection) Amendment Regulations 1998 (No. 3)
Statutory Rules 1998    No. 349
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Airports Act 1996.
Dated 17 December 1998.
	WILLIAM DEANE
Governor-General
By His Excellency’s Command,
john anderson
Minister for Transport and Regional Services

Airports (Environment Protection) Amendment Regulations 1998 (No. 3)1
Statutory Rules 1998    No. 3492
made under the
Airports Act 1996

Contents
	Page
	1	Name of regulations	
	2	Commencement	
	3	Amendment of Airports (Environment Protection) Regulations	
Schedule 1	Amendment of Airports (Environment Protection) Regulations	

1	Name of regulations
		These regulations are the Airports (Environment Protection) Amendment Regulations 1998 (No. 3).
2	Commencement
		These regulations commence on gazettal. 
3	Amendment of Airports (Environment Protection) Regulations
		Schedule 1 amends the Airports (Environment Protection) Regulations.

Schedule 1	Amendment of Airports (Environment Protection) Regulations
(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
	(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.
[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
	(c)	there is a written record of the result of that test; 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
	3
[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.