Commonwealth Consolidated Acts Commonwealth Consolidated ActsContravention 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.
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 must not:
(a) carry out a building activity on an airport site; or
(b) cause or permit to be carried out on an 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
(4) A person commits an offence if:
(a) the person is subject to a requirement under subsection (3); and
(b) the person engages in conduct; and
(c) the person's conduct contravenes the requirement.
Note: A defendant bears an evidential burden in relation to the matters in paragraphs (3)(c) and (d) (see subsection 13.3(3) of the Criminal Code ).
(5) Strict liability applies to paragraph (4)(a).
Note: For strict liability , see section 6.1 of the Criminal Code .