Airports Amendment Regulation 2012 (No. 2)

Link to law: https://www.comlaw.gov.au/Details/F2012L01669

Airports Amendment Regulation 2012 (No. 2)1
Select Legislative Instrument 2012 No. 185
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Airports Act 1996.
Dated 2 August 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
ANTHONY ALBANESE
Minister for Infrastructure and Transport
1              Name of regulation
                This regulation is the Airports Amendment Regulation 2012 (No. 2).
2              Commencement
                This regulation commences on the day after it is registered.
3              Amendment of Airports Regulations 1997
                Schedule 1 amends the Airports Regulations 1997.
Schedule 1        Amendments
(section 3)
 
[1]           Regulation 5.01, before the definition of Transitional Act
insert
site of indigenous significance means a site that has value:
                (a)    of customary significance to Aboriginal or Torres Strait Islander people; or
               (b)    of significance to the anthropological or archaeological understanding of Australian aboriginal history and society.
[2]           Regulation 5.02, heading
substitute
5.02        Contents of draft or final master plan—general
[3]           After regulation 5.02
insert
5.02A      Contents of draft or final master plan—matters to be specified in environment strategy
         (1)   For subparagraphs 71 (2) (h) (ix) and (3) (h) (ix) of the Act, the matters in this regulation must be specified in an environment strategy.
         (2)   The environment strategy must specify any areas within the airport site to which the strategy applies that the airport-lessee company for the airport has identified as being a site of indigenous significance, following consultation with:
                (a)    any relevant indigenous communities and organisations; and
               (b)    any relevant Commonwealth or State body.
         (3)   The environment strategy must specify the airport-lessee company’s strategy for environmental management of areas of the airport site that are, or could be, used for a purpose that is not connected with airport operations.
         (4)   The environment strategy must specify:
                (a)    the training necessary for appropriate environment management by persons, or classes of persons, employed on the airport site by the airport-lessee company or by other major employers; and
               (b)    the training programs, of which the airport-lessee company is aware, that it considers would meet the training needs of a person mentioned in paragraph (a).
5.02B     Contents of draft or final master plan—things to be addressed in environment strategy
         (1)   For subsection 71 (5) of the Act, a draft or final master plan must address the things in this regulation.
         (2)   In specifying its objectives for the airport under subparagraph 71 (2) (h) (i) or (3) (h) (i) of the Act, an airport‑lessee company must address its policies and targets for:
                (a)    continuous improvement in the environmental consequences of activities at the airport; and
               (b)    progressive reduction in extant pollution at the airport; and
                (c)    development and adoption of a comprehensive environmental management system for the airport that maintains consistency with relevant Australian and international standards; and
               (d)    identification, and conservation, by the airport-lessee company and other operators of undertakings at the airport, of objects and matters at the airport that have natural, indigenous or heritage value; and
                (e)    involvement of the local community and airport users in development of any future strategy; and
                (f)    dissemination of the strategy to sub-lessees, licensees, other airport users and the local community.
         (3)   In specifying under subparagraph 71 (2) (h) (ii) or (3) (h) (ii) of the Act, the areas within the airport site it identifies as environmentally significant, an airport-lessee company must address:
                (a)    any relevant recommendation of the Australian Heritage Council; and
               (b)    any relevant recommendation of the Department of Environment regarding biota, habitat, heritage or similar matters; and
                (c)    any relevant recommendation of a body established in the State in which the airport is located, having responsibilities in relation to conservation of biota, habitat, heritage or similar matters.
         (4)   In specifying the sources of environmental impact under subparagraph 71 (2) (h) (iii) or (3) (h) (iii) of the Act, an airport-lessee company must address:
                (a)    the quality of air at the airport site, and in so much of the regional airshed as is reasonably likely to be affected by airport activities; and
               (b)    water quality, including potentially affected groundwater, estuarine waters and marine waters; and
                (c)    soil quality, including that of land known to be already contaminated; and
               (d)    release, into the air, of substances that deplete stratospheric ozone; and
                (e)    generation and handling of hazardous waste and any other kind of waste; and
                (f)    usage of natural resources (whether renewable or non‑renewable); and
               (g)    usage of energy the production of which generates emissions of gases known as ‘greenhouse gases’; and
               (h)    generation of noise.
         (5)   In specifying under subparagraph 71 (2) (h) (iv) or (3) (h) (iv) of the Act the studies, reviews and monitoring that it plans to carry out, an airport-lessee company must address:
                (a)    the matters mentioned in subregulation 5.02A (2) and subregulations 5.02B (3) and (4); and
               (b)    the scope, identified by the airport-lessee company, for conservation of objects and matters at the airport that have natural, indigenous or heritage value; and
                (c)    the approaches and measures identified by the airport-lessee company as its preferred conservation approaches and measures; and
               (d)    the professional qualifications that must be held by a person carrying out the monitoring; and
                (e)    the proposed systems of testing, measuring and sampling to be carried out for possible, or suspected, pollution or excessive noise; and
                (f)    the proposed frequency of routine reporting of monitoring results to the airport environment officer (if any) for the airport, or to the Secretary.
         (6)   In specifying under subparagraph 71 (2) (h) (vi) or (3) (h) (vi) of the Act, the measures that it plans to carry out for the purposes of preventing, controlling or reducing environmental impact, an airport-lessee company must address:
                (a)    the matters mentioned in subregulations (2) to (4); and
               (b)    the means by which it proposes to achieve the cooperation of other operators of undertakings at the airport in carrying out those plans.
         (7)   An airport-lessee company, in specifying the company’s strategy for environmental management under subregulation 5.02A (3), must address the matters in subregulations (2) to (6).
         (8)   In this regulation:
Department of Environment means the Department administered by the Minister responsible for administering the Environment Protection and Biodiversity Conservation Act 1999.
[4]           Schedule 1, Part 1.1, table, before volume 6038
insert
5935
516
Allotments 10 and 12 on Filed Plan 217332 in the area named West Beach, Hundreds of Adelaide and Noarlunga
[5]           Further amendments
Provision
omit
insert

Paragraph 1.03 (1) (h)
Darwin Airport
Darwin International Airport

Paragraph 1.03 (1) (k)
Hobart Airport
Hobart International Airport

Schedule 1, Part 1.8 heading
Darwin Airport
Darwin International Airport

Schedule 1, Part 1.11 heading
Hobart Airport
Hobart International Airport

Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.
 
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