26Assumed compliance with general duty

26  Assumed compliance with general duty

  An operator of an undertaking at an airport is taken to comply with subsection 25(1) if:

 (a) noise generated from the undertaking is not regarded as excessive under the guidelines set out in Schedule 4; or

 (b) noise generated from the undertaking could be regarded as excessive under the guidelines set out in Schedule 4, but:

 (i) if, under section 34, the Minister has made a local standard for the airport and the standard is in force—is not regarded as excessive under the guidelines (if any) set out in the standard or is otherwise consistent with the standard; or

 (ii) if, under section 43 or 47, the operator has been granted an authorisation for the airport and the authorisation is in force—is not regarded as excessive under the guidelines (if any) set out in the authorisation or is otherwise consistent with the authorisation.