Document ID: chunk:federal_register_of_legislation:F2024C00954:reg:15
Version: federal_register_of_legislation:F2024C00954
Segment Type: reg
Provision Reference: reg 15
Character Range: 18913–21219

15  Notification of Secretary's decision
 (1A) In this regulation:
Secretary does not include an officer or employee of an airport‑operator company who is exercising the Secretary's powers under a delegation under subregulation 18 (2).
 (1) The Secretary must give written notice of his or her decision to approve or refuse to approve a proposed controlled activity to:
 (a) the proponent of the controlled activity; and
 (b) the airport‑operator company (if any) for the airport concerned; and
 (c) CASA; and
 (d) Airservices Australia; and
 (e) if the airport concerned is a joint‑user airport—the Department of Defence; and
 (f) the building authority concerned.
 (1AA) If the application for approval of the activity is given to the Secretary by the proponent of the activity under paragraph 7(3)(b) (regardless of whether the application is also given to the Secretary by an airport‑operator company under regulation 11), the Secretary must give the notice before the end of:
 (a) 49 days after the Secretary receives the application from the proponent; or
 (b) if the Secretary requests further information in relation to the application under regulation 12—28 days after the Secretary receives the further information.
 (1AB) If the application for approval of the activity is given to the Secretary by one or more airport‑operator companies under regulation 11 (and is not also given to the Secretary by the proponent of the activity under paragraph 7(3)(b)), the Secretary must give the notice before the end of:
 (a) either:
 (i) if the application concerns only one airport—28 days after the Secretary receives the application from the airport‑operator company for the airport; or
 (ii) if the application concerns more than one airport—28 days after the Secretary receives the application from the first of the airport‑operator companies for the airports concerned to give the Secretary the application; or
 (b) if the Secretary requests further information in relation to the application under regulation 12—28 days after the Secretary receives the further information.
 (2) If the Secretary does not give written notice of his or her decision before the end of the period mentioned in subregulation (1AA) or (1AB) (as the case requires), the Secretary is taken to have refused the proposal.