61Occupiers to give assistance and access

61  Occupiers to give assistance and access

Occupier to assist in monitoring pollution and noise

 (1) An occupier of an area at an airport must, for the purpose of ensuring effective monitoring by the airport‑lessee company for the airport of any pollution or noise generated by the occupier’s activities in the area, provide reasonable assistance to the airport‑lessee company, including the following assistance:

 (a) establishing and maintaining an appropriate system, or systems, to monitor the environmental consequences of the occupier’s activities, and the activities of other persons, in the area occupied;

 (b) reporting the results of the monitoring to the airport‑lessee company.

Note: An airport‑lessee company for an airport is required under section 55 to monitor the levels of pollution present in air, water or soil at the airport and the level of noise generated at the airport.

Occupier of area to provide access to airport‑lessee company and airport environment officer

 (2) Without limiting the assistance required to be provided to an airport‑lessee company under subsection (1), the occupier must give the airport‑lessee company, at any reasonable time, and after a request in writing from the airport‑lessee company, any access the airport‑lessee company reasonably requires:

 (a) to the area, or part of the area, occupied; or

 (b) to a document, or part of a document, under the control of the occupier.

Airport environment officer may require occupier to provide assistance or access

 (3) An airport environment officer may, by written notice given to the occupier:

 (a) after receiving a request in writing from the airport‑lessee company—require the occupier to comply with subsection (1), if the airport environment officer is satisfied that the occupier is not complying with that subsection; or

 (b) if the airport environment officer is satisfied that the occupier is not complying with a request under subsection (2)—require the occupier to comply with that subsection.

 (4) A person commits an offence if the person is given a notice under subsection (3) and the person:

 (a) fails to comply with a requirement of the notice; and

occupier, in relation to an area at an airport, means a person that has a right to occupy the area under:

 (a) a sublease, or licence, granted by the airport‑lessee company for the airport; or

 (b) any lease, or licence, granted under such a sublease or licence.