24Duty to give notice of discovery of certain objects, species or ecological communities at certain sites at airport

24  Duty to give notice of discovery of certain objects, species or ecological communities at certain sites at airport

Discovery of certain objects, species or ecological communities

 (1) This section applies if the operator of an undertaking at an airport, in the course of operating the undertaking (or carrying out work in connection with the undertaking), discovers an object, species or ecological community that indicates that the site of the undertaking, or the site where the work is being carried out, is:

 (a) a site of previously unrecognised significance for local biota or habitats of native species; or

 (b) a site of previously unrecognised:

 (i) heritage value; or

 (ii) significance to Aboriginal or Torres Strait Islander people.

Contravention by operator

 (2) The operator must, within 5 business days of making the discovery, give written notice of the discovery to:

 (a) the airport‑lessee company for the airport; and

 (b) an airport environment officer.

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

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

Contravention by airport‑lessee company

 (4) An airport‑lessee company that receives a notice under subsection (2) must:

 (a) record the discovery in the environmental site register for the airport; and

 (b) within 90 days of receiving the notice (or such longer period as approved in writing by an airport environment officer), seek advice on appropriate conservation measures (if any) to be taken in relation to the discovery, from appropriately qualified persons with expertise in any of the following disciplines, as relevant to the discovery:

 (i) heritage management;

 (ii) Indigenous heritage management;

 (iii) native flora and fauna conservation; and

 (c) consult with the occupier of the area of the airport on which the discovery was made about any conservation measures recommended in the advice under paragraph (b).

 (d) give a copy of any advice received under paragraph (b) to an airport environment officer within 30 days of receiving the advice; and

 (e) at the same time as the airport‑lessee company gives the advice received under paragraph (b) to the airport environment officer, also give the airport environment officer a written report setting out the measures (if any) that the airport‑lessee company is taking, or proposes to take, to protect the discovery.