4.01General duty to avoid polluting

#### 4.01 General duty to avoid polluting (1) The operator of an undertaking at an airport must take all reasonable and practicable measures: (a) to prevent the generation of pollution from the undertaking; or (b) if prevention is not reasonable or practicable—to minimise the generation of pollution from the undertaking. (2) The considerations that determine whether a measure is reasonable and practicable include: (a) the sensitivity of the receiving environment to pollution that the undertaking is capable of generating; and (b) the nature of the harm that pollution that the undertaking is capable of generating will cause, or has potential to cause; and (c) the current state of technical knowledge about preventing, or minimising, pollution being generated from an undertaking of the kind being operated; and (d) all measures that might practicably be used to prevent or minimise the pollution, 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 7.01.