Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) If an airport environment officer believes, on reasonable grounds, that a person (' the polluter' ), has caused, or is causing, pollution at an airport the airport environment officer may make an environmental remedial order, in writing, directing a person to carry out specified remedial work in respect of the pollution.
(2) The person so directed may be:
(a) the polluter; or
(b) if the polluter is unidentifiable, beyond jurisdiction or known to be insolvent--the operator of the undertaking that occupies, or occupied, the site on which the pollution occurred; or
(c) if both the polluter and the operator are unidentifiable, beyond jurisdiction or known to be insolvent--the lessor or licensor for the site on which the pollution is occurring, or occurred; or
(d) if all of the polluter, the operator, and the lessor or licensor are unidentifiable, beyond jurisdiction or known to be insolvent, and the lessor or licensor is not the airport - lessee company--the airport - lessee company.
(3) However, if the occupier of the area that is the source or likely source of the pollution has submitted a remedial plan for the pollution under regulation 6.14, and is carrying out the plan according to its terms, the airport environment officer must not make an order under subregulation (1) directing the occupier to carry out remedial work.
(4) To avoid doubt, in the application of paragraphs 2(b), (c) and (d) to pollution that is no longer occurring:
(a) references in those paragraphs to the undertaking include the undertaking at the time the pollution occurred and any undertaking that has subsequently occupied the site; and
(b) references in those paragraphs to the operator of the undertaking include the operator of the undertaking that occupied the site at the time the pollution occurred and the operator of any undertaking that has subsequently occupied the site.
(5) In subregulation (2), lessor or licensor means the lessor or licensor of the area that is the location, or source, of the pollution.
(6) An order may specify a period of time within which the remedial work must be undertaken.
(7) An order may be served even though:
(a) a prosecution or other proceeding in relation to the pollution has been commenced; or
(b) the undertaking is not operating at the time the notice is served; or
(c) the undertaking is not causing further pollution of the kind to which the notice relates at the time it is served; or
(d) the pollution occurred, or is occurring, because of something done before these regulations commenced.
(8) A person who receives an order under this regulation must comply with the order.
Penalty for contravention of this subregulation: 50 penalty units.