Airports (Environment Protection) Regulations 2026
72Power to enter and carry out remediation work
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72 Power to enter and carry out remediation work
(1) An airport environment officer may, at any reasonable time, enter an area at an airport and carry out necessary remediation work, if:
(a) a person has been given a notice under subsection 71(2) requiring remediation work to be carried out in the area and the work has not been carried out to the reasonable satisfaction of the airport environment officer:
(i) within the period specified in the notice; or
(ii) if no period is specified—within a reasonable period; or
(b) the airport environment officer believes, on reasonable grounds, that it is necessary to enter the area and carry out the remediation work:
(i) because of circumstances of urgency; or
(ii) in the interests of public health or safety.
Note: Under section 135 of the Act, the Commonwealth may recover reasonable expenses incurred in relation to cleaning up, remedying or rectifying acts or omissions constituting contraventions of regulations made for the purposes of section 132 or 133 of the Act.
(2) If subsection (1) applies, an airport environment officer may engage a person to carry out the necessary environmental remediation work in the area at the airport on behalf of the airport environment officer and, for that purpose, the person so engaged may, at any reasonable time, enter the area and carry out necessary remediation work.
(3) An airport environment officer must not engage a person under subsection (2) unless the airport environment officer is satisfied that the person has appropriate training, qualifications, skills or experience to carry out the necessary environmental remediation work.
(4) To avoid doubt, subsection (1) applies even if:
(a) the pollution occurred before 1 April 2027; or
(b) the pollution occurred, or is occurring, because of something done before 1 April 2027.
(5) Remediation work that may be carried out under this section is not limited to remediation work specified in the notice mentioned in paragraph (1)(a).