Document ID: chunk:federal_register_of_legislation:F2024C00954:reg:14
Version: federal_register_of_legislation:F2024C00954
Segment Type: reg
Provision Reference: reg 14
Character Range: 17052–18913

14  Secretary to approve, or refuse to approve, proposal
 (1) The Secretary must:
 (a) approve a proposal; or
 (b) approve the proposal, subject to any conditions the Secretary considers appropriate; or
 (c) refuse the proposal.
 (2) The Secretary must approve a proposal unless carrying out the controlled activity would interfere with the safety, efficiency or regularity of existing or future air transport operations into or out of the airport concerned.
 (3) The Secretary may approve a proposal subject to a condition only if carrying out the controlled activity otherwise than in accordance with the condition would not be in the interests of the safety, efficiency or regularity of existing or future air transport operations into or out of the airport concerned.
 (4) A condition of an approval:
 (a) may be about how the controlled activity is carried out; or
 (b) may require a building, structure or thing to be marked or lit (including marked or lit in a specified way).
Note: A person who carries out a controlled activity otherwise than in accordance with a condition of an approval commits an offence against section 185 of the Act.  That section provides for a penalty of 250 penalty units for each such offence.
 (5) If a controlled activity would, if carried out, result in a building, structure or thing intruding into PANS‑OPS airspace, the Secretary may approve a proposal for the activity only if:
 (a) the activity is a short‑term controlled activity; and
 (b) the airport‑operator company (if any) for the airport concerned supports the approval.
 (6) Also, the Secretary must not approve a proposal for a controlled activity if CASA has advised the Secretary that carrying out the controlled activity would have an unacceptable effect on the safety of existing or future air transport operations into or out of the airport concerned.