20General duty to avoid polluting

20  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.

Note 1: A person that contravenes subsection (1) of this section commits an offence against subsection 132(2) of the Act.

Note 2: Under section 74 of this instrument, an airport environment officer may require the operator of an undertaking to take specified action to comply with subsection (1) of this section.

Note 3: This Division does not apply to offensive noise, which is covered by Division 4 of this Part.

 (2) In determining whether a measure is reasonable or practicable, regard must be had to at least the following matters:

 (a) the sensitivity of the environment at the airport to the pollution that the undertaking is capable of generating;

 (b) the nature of the harm that the pollution that the undertaking is capable of generating will cause, or has the potential to cause, to that environment;

 (c) the current state of technical knowledge about preventing, or minimising, pollution of the kind generated, or that will be generated, by the undertaking;

 (d) all measures that might practicably be used to prevent or minimise such pollution, and the probable benefits and detriments (if any) that should be expected from the implementation of each measure.

 (3) For the purposes of subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subsection (1) of this section is declared to be 50.