14Minister may determine investigation levels etc.

14  Minister may determine investigation levels etc.

 (2) The Minister may, by legislative instrument, determine any or all of the following in relation to airport sites:

 (a) investigation levels for contamination of air by specified substances deriving from specified sources;

 (b) ambient air quality objectives;

 (c) investigation levels for contamination of fresh water or marine waters by specified substances;

 (d) investigation levels for contamination of soil by specified substances;

 (e) indicators of noise that is excessive:

 (f) procedures, tests, methods, standards or reference levels for measuring or analysing any of the matters mentioned in paragraphs (a) to (e).

Note: Subsection 132(3) of the Act provides that regulations made for the purposes of subsection 132(1) of the Act may make provision for or in relation to a matter by conferring a power on the Minister.

 (3) Before making a determination under subsection (2), the Minister:

 (a) may seek expert advice in relation to the matters proposed to be covered by the determination from:

 (i) Commonwealth and State agencies or bodies that have responsibility for, or expertise in, matters proposed to be covered by the determination; and

 (ii) relevant independent experts; and

 (b)  must publish a notice on the Department’s website and in a newspaper circulating generally throughout Australia:

 (i) stating that the Minister is considering making the determination specified in the notice; and

 (ii) inviting persons to give the Minister a written submission about the proposed determination within 30 days after the publication of the notice.

 (4) In making the determination, the Minister must have due regard to any expert advice provided to the Minister under paragraph(3)(a) and any submission received as result of an invitation under subparagraph (3)(b)(ii).

 (5) Subsection (4) does not, by implication, limit the matters to which the Minister may have regard.

 (6) This section does not limit section 17 of the Legislation Act 2003 (rule‑makers should consult before making legislative instruments).

Part 2—Pollution and noise