71Power to require remediation work

71  Power to require remediation work

 (1) This section applies if an airport environment officer reasonably believes that someone has caused, or is causing, pollution in an area at an airport.

 (2) The airport environment officer may, by notice in writing given to one or more of whichever of the following persons the airport environment officer reasonably believes is the most appropriate person in the circumstances, require the person to carry out remediation work specified in the notice in respect of the pollution in the area:

 (a) the polluter;

 (b) if the polluter is unidentifiable, beyond jurisdiction or known to be insolvent—the operator of the undertaking that occupies, or occupied, the site on which the pollution occurred;

 (c) if both the polluter and the operator are unidentifiable, beyond jurisdiction or known to be insolvent—the lessor or licensor for the site on which the pollution is occurring, or occurred;

 (d) if all of the polluter, the operator, and the lessor or licensor are unidentifiable, beyond jurisdiction or known to be insolvent, and the lessor or licensor is not the airport‑lessee company—the airport‑lessee company.

Example: It may not be reasonably practicable or effective to give a notice to person if it was not possible to identify the person or if the person was insolvent or outside Australia.

 (3) However, if the occupier of the area that is the source or likely source of the pollution has submitted a remediation plan for the pollution that has been approved under section 67, and is carrying out the plan according to its terms, the airport environment officer must not give a notice under subsection (2) to the occupier requiring the occupier to carry out remediation work.

 (4) A notice under subsection (2) may specify a period within which the remediation work must be undertaken and completed.

 (5) An airport environment officer may give a person a notice under subsection (2) even though:

 (a) a prosecution or other proceeding in relation to the pollution has been commenced; or

 (b) the undertaking that caused the pollution is not operating at the time the notice is issued; or

 (c) the undertaking that caused the pollution is not causing further pollution of the kind to which the notice relates at the time it is issued; or

 (d) the pollution occurred, or is occurring, because of something done before this instrument commenced.

 (6) A person commits an offence of strict liability if the person is given a notice under subsection (2) and fails to comply with a requirement of the notice.

 (7) In this section:

polluter includes a person who causes or generates offensive noise.