Document ID: chunk:federal_register_of_legislation:C2010A00149:clause:1_89a
Version: federal_register_of_legislation:C2010A00149
Segment Type: clause
Provision Reference: sch 1 cl 89A
Character Range: 19784–21987

89A  Sensitive development prohibited except in exceptional circumstances
 (1) A person must not:
 (a) carry out a sensitive development relating to an airport; or
 (b) cause or permit to be carried out a sensitive development relating to an airport;
unless the Minister gives an approval under this section for the preparation of a draft major development plan for the sensitive development at the airport.
 (2) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1); and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes the requirement.
Penalty: 400 penalty units.
Note 1: If an airport‑lessee company is convicted of the offence, a court may impose a fine not more than 5 times this penalty (see subsection 4B(3) of the Crimes Act 1914).
Note 2: A defendant bears an evidential burden in relation to the approval of the Minister mentioned in subsection (1) (see subsection 13.3(3) of the Criminal Code).
 (3) Strict liability applies to paragraph (2)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) If an airport‑lessee company wants to prepare a draft major development plan for a sensitive development, the company must apply in writing to the Minister, before the company gives its advice under subsection 92(1A), for approval to prepare a draft major development plan for the development.
 (5) The application must detail the exceptional circumstances that the airport‑lessee company claims will support the preparation of a draft major development plan for the sensitive development at the airport.
 (6) The Minister may give the approval only if the Minister is satisfied that there are exceptional circumstances that support the preparation of a draft major development plan for the sensitive development at the airport.
 (7) The Minister must give the airport‑lessee company written notice of the Minister's decision and the reasons for the decision.
 (8) If the Minister does give the approval for the preparation of a draft major development plan, it does not stop the Minister from refusing to approve a major development plan for the sensitive development.

Subdivision C—Approval process