Document ID: chunk:federal_register_of_legislation:C2024C00680:section:99:p1
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 99 (pt 1/3)
Character Range: 200227–202909

99  Building activities not to be carried out without approval

Contravention by an airport‑lessee company
 (1) An airport‑lessee company for an airport must not:
 (a) carry out a building activity on the airport site; or
 (b) cause or permit to be carried out on the airport site a building activity;
unless:
 (c) carrying out the activity is in accordance with an approval granted under regulations made for the purposes of this Subdivision; or
 (d) in the case of a building activity on the airport site for an airport other than Sydney West Airport—all of the following conditions are satisfied:
 (i) the activity is of a kind declared by the regulations to be exempt from this Subdivision;
 (ii) in a case where a final master plan is in force for the airport—the activity is consistent with the plan;
 (iii) 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; or
 (e) in the case of a building activity on the airport site for Sydney West Airport—all of the following conditions are satisfied:
 (i) the activity is of a kind declared by the regulations to be exempt from this Subdivision;
 (ii) in a case where a final master plan is in force for the airport—the activity is consistent with the plan;
 (iii) 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;
 (iv) 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;
 (v) 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 of, a development covered by Part 3 of an airport plan for the airport—the activity is consistent with Part 3 of the airport plan.
Note: For designated SWA instrument, see section 103A.

Offence
 (2) A company commits an offence if:
 (a) the company is subject to a requirement under subsection (1); and
 (b) the company engages in conduct; and
 (c) the company's conduct contravenes the requirement.
Penalty: 250 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(c) and (d) (see subsection 13.3(3) of the Criminal Code).
 (2A) Strict liability applies to paragraph (2)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.

Contravention by a person other than an airport‑lessee company
 (3) A person other than an airport‑lessee company