Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.
(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 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.
(5) In this section:
"authorised person" means:
(a) the Secretary of the Department; or
(b) a person authorised in writing by the Secretary of the Department for the purposes of this section.