Document ID: chunk:federal_register_of_legislation:C2024C00680:section:90:p1
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 90 (pt 1/2)
Character Range: 148872–151524

90  Major airport development must not be carried out except in accordance with an approved major development plan etc.
 (1) An airport‑lessee company for an airport must not:
 (a) carry out a major airport development relating to the airport; or
 (b) cause or permit to be carried out a major airport development relating to the airport;
unless:
 (c) in any case—the carrying out of the development is in accordance with a major development plan approved under this Division; or
 (ca) if:
 (i) the airport is Sydney West Airport; and
 (ii) the development is covered by Part 3 of an airport plan for the airport;
  the carrying out of the development is in accordance with Part 3 of the airport plan; or
 (d) in any case—the development is of a kind declared by the regulations to be exempt from this Division.
 (2) If:
 (a) a major airport development plan in relation to an airport is approved under this Division; and
 (b) the approval is subject to a condition that applies to the airport‑lessee company for the airport;
the company must comply with the condition.
 (3) A company commits an offence if:
 (a) the company is subject to a requirement under subsection (1) or (2); and
 (b) the company engages in conduct; and
 (c) the company's conduct contravenes the requirement.
Penalty: 2,000 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).
 (3A) Strict liability applies to paragraph (3)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) A person (other than an airport‑lessee company) must not:
 (a) carry out a major airport development relating to an airport; or
 (b) cause or permit to be carried out a major airport development relating to an airport;
unless:
 (c) in any case—the carrying out of the development is in accordance with a major development plan approved under this Division; or
 (ca) if:
 (i) the airport is Sydney West Airport; and
 (ii) the development is covered by Part 3 of an airport plan for the airport;
  the carrying out of the development is in accordance with Part 3 of the airport plan; or
 (d) in any case—the development is of a kind declared by the regulations to be exempt from this Division.
 (5) If:
 (a) a major airport development plan in relation to an airport is approved under this Division; and
 (b) the approval is subject to a condition that applies to a person (other than the airport‑lessee company for the airport);
the person must comply with the condition.
 (6) A person commits an offence if:
 (a) the person is subject to a requirement under subsection