6.01Existing pollution to be reported

#### 6.01 Existing pollution to be reported (1) An airport environment officer for an airport may direct the occupier of an area at the airport, in writing, to give to the airport environment officer a copy of any information held by, or available to, the occupier relating to that part of the airport site, that discloses: (a) former uses of the land, and other activities of the occupier or a previous occupier; and (b) when a matter disclosed under paragraph (a) occurred; and (c) the manner in which a former land use, or other activity, was undertaken; and (d) how waste, or any other material requiring to be disposed of, was disposed of; and (e) if any part of the land is contaminated by pollution, the character and extent of the contamination; and (f) any known impact of pollution generated on the site of the undertaking: (i) on the site; and (ii) outside the site. (3) A direction must be complied with before the end of 3 months after its receipt. Penalty: 50 penalty units. (4) The airport environment officer must give a copy of the information to the airport‑lessee company for the airport. Penalty: 10 penalty units. (4A) It is a defence to a prosecution under subregulation (4) that the information was provided by the airport‑lessee company. > Note: A defendant bears an evidential burden in relation to whether the information was provided by the airport‑lessee company (see subsection 13.3(3) of the Criminal Code). (5) Information given under this regulation cannot be used as evidence in proceedings, against the person giving the information, for an apparent offence under these Regulations (except an offence under this regulation). (6) In this regulation: > occupier of an area at an airport means: (a) if the area is not subject to a sublease or licence subordinate to the relevant airport lease—the airport‑lessee company; or (b) if the area is subject to such a sublease or licence—the person having the right to occupy the area under: (i) the sublease or licence; or (ii) any lease or licence subordinate to the sublease or licence.