Commonwealth Consolidated Acts

AIRPORTS ACT 1996 - SECT 90

  (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   (4) or (5); and

  (b)   the person engages in conduct; and

  (c)   the person's conduct contravenes the requirement.

Penalty:   400 penalty units.

Note:   A defendant bears an evidential burden in relation to the matters in paragraphs   (4)(c) and (d) (see subsection   13.3(3) of the Criminal Code ).

  (7)   Strict liability applies to paragraph   (6)(a).

Note:   For strict liability , see section   6.1 of the Criminal Code .