21Assumed compliance with general duty

21  Assumed compliance with general duty

 (1) The operator of an undertaking at an airport is taken to comply with subsection 20(1), despite the generation of pollution from the undertaking, if the quantity, or rate, of pollution being generated:

 (a) if the pollutant is a substance mentioned in column 1 of a table in Part 1 of Schedule 1, Schedule 2 or Schedule 3—is not more than the level set out in the table as the investigation level for contamination of air, fresh water, marine water or soil, as the case may be, by that pollutant; or

 (b) if, under section 34, the Minister has made a local standard for the airport and the standard is in force—is not more than the investigation level (if any) set out in the standard or is otherwise consistent with the standard; or

 (c) if, under section 43 or 47, the operator has been granted an authorisation for the airport and the authorisation is in force—is not more than the investigation level (if any) set out in the authorisation or is otherwise consistent with the authorisation.

 (2) The provider of an aerodrome rescue and fire‑fighting service for an airport conducting fire training activities at the airport is taken to comply with subsection 20(1), despite the emission of dark smoke that is more than the investigation level for dark smoke set out in table 1 in Part 1 of Schedule 1, if the provider is complying with an agreement between the provider and the Secretary that:

 (a) requires the provider to provide education about fire training activities to the public, the airport‑lessee company and airport tenants; and

 (b) requires the provider to inform the airport‑lessee company and an airport environment officer before a fire training event; and

 (c) limits fire training activity in unsuitable weather conditions; and

 (d) requires the provider to inform an airport environment officer of any environmental incident caused by fire training activities; and

 (e) provides for fire training events that produce dark smoke to be conducted at night; and

 (f) is in force for a period, specified in the agreement, of not more than 3 years.