55Airport‑lessee company to monitor pollution and noise levels

55  Airport‑lessee company to monitor pollution and noise levels

Airport‑lessee company must monitor pollution and noise

 (1) The airport‑lessee company for an airport must monitor, in accordance with subsection (2) and its environment strategy:

 (a) the levels of pollution, if any, present in air, water or soil at the airport; and

 (b) the level of noise generated at the airport.

 (2) The airport‑lessee company must ensure that monitoring under subsection (1) is carried out:

 (a) in a way that is consistent with the studies, reviews and monitoring detailed in the environment strategy specified in the master plan for the airport; and

 (b) under the direction of a person holding the professional qualifications mentioned in paragraph 17(5)(d) of the Airports Regulations 2024; and

 (c) if the monitoring involves testing—in accordance with section 13; and

 (d) in a way that is not inconsistent with:

 (i) any international convention, treaty or agreement, relating to environment protection, to which Australia is a party; or

 (ii) a provision of national environment protection measures made under section 14 of the National Environment Protection Council Act 1994.

 (3) Paragraph (2)(a) applies in relation to monitoring pollution at Sydney West Airport before the first final master plan comes into force for that airport, as if:

 (a) the words “in the environment strategy specified in the master plan for the airport” were omitted from that paragraph; and

 (4) An airport‑lessee company commits an offence of strict liability if the company fails to comply with subsection (1).