42Public to be notified of certain applications

42  Public to be notified of certain applications

Applications to which this section applies

 (1) This section applies if an application is made under section 41 for an authorisation of any of the following kinds in relation to an airport:

 (a) an authorisation proposed to be in force for a period longer than 90 days;

 (b) an authorisation that, if granted, will allow an action or activity that is likely, in the opinion of the airport environment officer, to have a significantly adverse material impact on another person;

 (c) an authorisation that, if granted, will allow an action or activity that, in the opinion of the airport environment officer, is likely to generate the following, frequently or repeatedly and protractedly:

 (i) pollution in excess of an investigation level set out in Schedule 1, 2 or 3 (the relevant Schedule) or set out in a local standard applying to the airport in substitution for the investigation level in the relevant Schedule;

 (ii) noise that is excessive under the indicators set out in Schedule 4 or under the indicators set out in a local standard applying to the airport in substitution for the indicators in Schedule 4.

Airport environment officer may require applicant to publish notice

 (2) An airport environment officer may, by written notice given to the applicant, require the applicant:

 (a) to publish a notice (the public notice) that:

 (i) sets out details of the website where the application and the environment management plan that accompanied the application can be viewed; and

 (ii) invites persons to give written comments about the application and the environment management plan; and

 (iii) specifies a period, being not less than 30 days after the date of publication of the public notice, within which persons may give written comments about the application;

 (iv) specifies an address to which comments may be sent; and

 (b) to publish the public notice in one or more of the following ways:

 (i) in a newspaper that has general circulation in the State in which the airport is located;

 (ii) in a local newspaper that that circulates in the part of the State in which the airport is located;

 (iii) if an applicant has a website—on the applicant’s website.

Applicant to bear costs of preparing and publishing notice

 (3) The applicant must pay the reasonable costs of preparing and publishing the public notice.

Airport environment officer must publish notice on Department’s website

 (4) The airport environment officer must cause a copy of the public notice to be published on the Department’s website as soon as is reasonably practicable after the notice is published under subsection (2).