62Report of condition of soil and groundwater before expiration, termination, or transfer of sublease or licence

62  Report of condition of soil and groundwater before expiration, termination, or transfer of sublease or licence

 (1) This section applies in relation to an area at an airport that:

 (a) has previously, or is likely to have previously, experienced pollution; and

 (b) is subject to a sublease, or licence, that is due to expire or is proposed to be terminated or transferred.

 (2) The sublessee or licensee must, at least 2 months before the sublease or licence is due to expire or is proposed to be terminated or transferred, give a written report, that complies with subsection (3) or (4), about the condition of soil and groundwater in the area covered by the sublease or licence to:

 (a) the airport‑lessee company for the airport and

 (b) an airport environment officer.

Penalty: 20 penalty units.

 (3) A report complies with this subsection if:

 (a) the report is prepared by a person who has qualifications and experience appropriate to determining the nature and extent of pollution in soil and groundwater; and

 (b) the report sets out details of how the soil and groundwater in the area was tested or examined to determine the condition of the soil; and

 (c) the report sets out the results of such tests and examinations; and

 (d) if after consultation with the airport‑lessee company for the airport, the airport environment officer considers that the site, and the use of the site, are high‑risk and notifies the sublessee or licensee in writing accordingly—the report is reviewed by a person (the assessor) who is appointed, registered or otherwise recognised as an environmental auditor under:

 (i) a law in the State in which the airport is located; or

 (ii) a law of another State providing for environmental auditor accreditation; and

 (e) if paragraph (d) applies—both:

 (i) the report sets out the assessor’s assessment of the results mentioned in paragraph (c); and

 (ii) the person preparing the report, and the assessor, have regard to the National Environment Protection (Assessment of Site Contamination) Measure 1999 when preparing, or assessing, the report.

 (4) A report complies with this subsection if an airport environment officer is satisfied that:

 (a) a report has previously been prepared about the condition of soil and groundwater in the area covered by the sublease or licence; and

 (b) the previous report complies with the requirements of subsection (3).

sublease or licence, in relation to an area at an airport, means:

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