Commonwealth Consolidated Regulations

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AIRPORTS (ENVIRONMENT PROTECTION) REGULATIONS 1997 - REG 4.06

General duty to prevent offensive noise occurring

  (1)   The operator of an undertaking at an airport must take all reasonable and practicable measures:

  (a)   to prevent the generation of offensive noise from the undertaking; or

  (b)   if prevention is not reasonable or practicable--to minimise the generation of offensive noise from the undertaking.

  (2)   Whether a measure is reasonable and practicable is a judgment to be made by an airport environment officer having regard to:

  (a)   the circumstances in which a particular noise is generated, and current standards in best - practice management of generation of noise in those circumstances; and

  (b)   the current state of technical knowledge about preventing, or minimising, excessive noise being generated from an undertaking of the kind being operated; and

  (c)   all measures that might practicably be used to prevent or minimise the excessive noise, 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   7.03.



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