74Notice to prevent or minimise pollution

74  Notice to prevent or minimise pollution

 (1) Subject to subsection (2) and section 77, an airport environment officer may, by notice in writing given to the operator of an undertaking at an airport, require the operator to comply with subsection 20(1) by taking action specified in the direction to prevent, or minimise, the generation of pollution by the undertaking at the airport.

 (2) An airport environment officer must not give a notice under subsection (1) unless the airport environment officer:

 (a) is satisfied on reasonable grounds that the operator of the undertaking is not taking all measures that are reasonable and practicable to prevent, or minimise, the generation of pollution; and

 (b) subject to subsections (3) and (4), both:

 (i) gives the operator at least 48 hours in which to make a submission to the airport environment officer about the proposed notice; and

 (a) is satisfied on reasonable grounds that:

 (i) the effect of the pollution is, or has the potential to be, of high impact and irreversible; or

 (ii) the pollution is causing, or has the potential to cause, substantial harm to public health or to public safety; or

 (iii) the pollution is causing, or has the potential to cause, substantial damage to property; and

 (4) Paragraph (2)(b) also does not apply if the airport environment officer:

 (a) is given a report under subsection 60(3) about a serious environmental incident at an airport; and

 (b) is satisfied on reasonable grounds that it is necessary to give a notice under this section to deal with the serious environmental incident at the airport; and

 (c) declares the notice under subsection (1) to be an emergency notice.