Document ID: chunk:federal_register_of_legislation:C2024C00680:section:103:p1
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 103 (pt 1/2)
Character Range: 208848–211517

103  Remedial directions
 (1) If:
 (a) a building activity is carried out on an airport site; and
 (b) subsections (4) and (4A) do not apply to the activity; and
 (c) either:
 (i) the activity was not authorised by an approval granted under the regulations; or
 (ii) if such an approval was granted in relation to the activity—a condition of the approval was contravened;
an authorised person may give another person a written direction requiring the other person:
 (d) to stop work on; or
 (e) to carry out remedial work on; or
 (f) to demolish, dismantle or remove;
the building, structure, earthworks, engineering works, electrical works or hydraulic works concerned.
 (2) An authorised person must not give another person a direction under this section unless the other person is:
 (a) an airport‑operator company for the airport concerned; or
 (b) a person who carried out the building activity concerned; or
 (c) a person who arranged for the carrying out of the building activity concerned.
 (3) A person commits an offence if:
 (a) the person is subject to a direction under subsection (1); and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes the direction.
Penalty: 50 penalty units.
 (4) This subsection applies to a building activity on the airport site for an airport other than Sydney West Airport if all of the following conditions are satisfied:
 (a) the activity is of a kind declared by the regulations to be exempt from this Subdivision;
 (b) in a case where a final master plan is in force for the airport—the activity is consistent with the plan;
 (c) in a case where the building activity is an element of a major airport development—the activity is consistent with a major development plan approved under Division 4 for the development.
 (4A) This subsection applies to a building activity on the airport site for Sydney West Airport if all of the following conditions are satisfied:
 (a) the activity is of a kind declared by the regulations to be exempt from this Subdivision;
 (b) in a case where a final master plan is in force for the airport—the activity is consistent with the plan;
 (c) in a case where Part 2 of an airport plan for the airport is in force—the activity is consistent with Part 2 of the airport plan;
 (d) in a case where the building activity is an element of a major airport development—the activity is consistent with a designated SWA instrument that covers the development;
 (e) in a case where the building activity wholly or partly occurs before the Sydney West Airport completion day, and the building activity is not an element of a major airport development, but is, or comprises part