Commonwealth Consolidated Acts

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AIRPORTS ACT 1996 - SECT 131D

Offence resulting in environmental nuisance

  (1)   A person commits an offence if the person engages in conduct that directly or indirectly results in environmental pollution that affects an area that consists of, or is included in, an airport site and:

  (a)   the pollution takes the form of smoke, dust or odour; or

  (b)   the effect of the pollution is:

  (i)   of low impact; and

  (ii)   transient; or

  (c)   the effect of the pollution interferes unreasonably, or has the potential to interfere unreasonably, with the enjoyment of the area by a person occupying, or lawfully using, the area.

Penalty:   50 penalty units.

  (3)   Subsection   (1) applies to conduct of a person, even if the conduct was not the sole cause of the pollution concerned.

  (4)   This section does not, by implication, limit section   132 or 133.

  (5)   A reference in this section to environmental pollution includes a reference to air, water or soil pollution, but does not include a reference to noise pollution.



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