(1) An airport environment officer may make an environment protection order directing the operator of an undertaking at an airport, in writing, to comply with a duty under regulation 4.06 by taking a particular action to minimise the generation of excessive noise.
(2) The airport environment officer must not make an order under subregulation (1) unless he or she:
(a) finds that the operator is not taking all measures that are reasonable and practicable to ensure that the undertaking ceases to generate noise that is excessive; and
(b) gives the operator at least 48 hours in which to make a submission to the Secretary, or an officer authorised for the purpose of this regulation, and takes account of any submission made by the operator.
(3) Paragraph (2)(b) does not apply to an order that the Secretary declares to be an emergency environment protection order.