25General duty to prevent or minimise offensive noise

25  General duty to prevent or minimise offensive noise

 (1) The operator of an undertaking at an airport must take all reasonable and practicable measures:

 (a) to prevent the generation of offensive noise from the undertaking; or

 (b) if prevention is not reasonable or practicable—to minimise the generation of offensive noise 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 76 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.

 (2) 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.

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

 (a) the circumstances in which a particular noise is generated, and current standards in best‑practice management of generation of noise in those circumstances;

 (b) the current state of technical knowledge about preventing, or minimising, noise being generated from an undertaking of the kind being operated;

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