75Notice to preserve certain biota, habitats, sites and species, etc.

75  Notice to preserve certain biota, habitats, sites and species, etc.

 (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 23(1) by taking action specified in the notice to avoid, or minimise, a particular adverse consequence.

 (2) An airport environment officer must not give a notice under this section 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 ensure that the undertaking avoids, or minimises, the adverse consequence; and

 (b) subject to subsection (3), 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 the adverse consequence is, or has the potential to be, high impact and irreversible; 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; and

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