Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An application for authorisation must be determined by an airport environment officer by:
(a) granting it; or
(b) granting it subject to any condition that the airport environment officer considers appropriate; or
(c) refusing it.
(2) When considering an application, an airport environment officer must take into account:
(a) any reasonable alternative actions available to the applicant to achieve the object of the proposed action, including the possibility that the undertaking concerned could be carried out in a different place; and
(b) whether the applicant has taken all reasonably available measures to avoid, or minimise, the need for an authorisation; and
(c) all reasonably likely consequences of the proposed action:
(i) for the health, safety, and, if a likely consequence is excessive noise, comfort, of any person; and
(ii) for any aspect of the environment; and
(iii) if air quality is likely to be adversely affected--for compliance with the ambient objectives mentioned in Part 2 of Schedule 1; and
(d) the period of time for which authorisation would, practically, be required; and
(e) the adequacy of the environment management plan under subregulation 5.07(3) and the likelihood of the plan being realised; and
(f) whether the need for an authorisation is to enable remedial work to be carried out on existing airport - sourced pollution; and
(g) whether grant of the authorisation would be consistent, or inconsistent, with the objectives and proposed measures set out in the environment strategy; and
(h) whether grant of the authorisation would have a significant impact on the interests of another person; and
(i) if, under regulation 5.08, a submission is made about the application--the submission; and
(j) any other matter that the airport environment officer considers to be relevant.
Note: A decision under this provision may have to take account of an environmental impact statement or public environment report, if any, under the Environment Protection (Impact of Proposals) Act 1974 : see s. 8 of that Act.
(2A) Paragraph (2)(g) applies to consideration of an application relating to Sydney West Airport before the first final master plan comes into force for that airport as if:
(a) the words "the objectives and proposed measures set out in the environment strategy" were omitted from that paragraph; and
(b) the words "an airport plan for the airport" were substituted.
(3) When considering the appropriateness of a conditional grant, the airport environment officer must:
(a) take into account any commitment that the applicant has given to prevent or minimise pollution or noise of the kind to which the authorisation will apply; and
(b) prefer, if practicable, a decision that will promote improved compliance by the applicant with these Regulations after the authorisation, if granted, ceases to have effect.