27Duty in relation to noisy operating equipment

27  Duty in relation to noisy operating equipment

 (a) equipment (the operating equipment) is used by the operator of an undertaking at an airport when operating the undertaking; and

 (b) the use of the operating equipment could result in offensive noise being generated by the operating equipment.

 (2) The operator of the undertaking is taken not to comply with subsection 25(1) when using the operating equipment if the operating equipment:

 (a) is not maintained in proper and efficient condition; or

 (b) is operated in a manner that is not proper and efficient.