15Air pollution

15  Air pollution

 (1) For the purposes of this instrument, air pollution occurs when a pollutant is present in air in a quantity, a way, or a condition, or under a circumstance, that causes, or is likely to cause:

 (a) harm to the environment; or

 (b) unreasonable inconvenience to a person:

 (i) at a place other than the immediate vicinity of the source of the pollutant; or

 (ii) if the source is in a place to which members of the public have access—in that place.

 (2) For the purposes of subsection (1), unreasonable inconvenience from an odour is likely to be caused to a person if:

 (a) the odour is generated from something other than the ordinary operations of aircraft; and

 (b) the odour is detectable, by an airport environment officer’s unassisted sense of smell, at a place mentioned in subparagraph (1)(b)(i) or (ii); and

 (c) in the reasonable opinion of the airport environment officer, the odour is objectionable.

pollutant includes:

 (a) a substance, generated from a stationary source, being:

 (i) a substance mentioned in column 1 of table 1 in Part 1 of Schedule 1 or, if a relevant local standard applies in substitution for Schedule 1, in that local standard;

 (ii) solid particles (for example, smoke, dust, fly ash and cinders), or liquid droplets (for example, mist and fumes), of any kind when dispersed in the air; or

 (b) an objectionable odour;

but does not include a substance that is a pollutant only because it causes depletion of ozone in the stratosphere.

stationary source means plant or equipment that:

 (a) is fixed to a particular place for the purpose of carrying out its function; and

 (b) is not a vehicle.