Remedial directions
103 Remedial directions
If:
a building activity is carried out on an airport site; and
subsections (4) and (4A) do not apply to the activity; and
either:
the activity was not authorised by an approval granted under the regulations; or
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:
to stop work on; or
to carry out remedial work on; or
to demolish, dismantle or remove;
the building, structure, earthworks, engineering works, electrical works or hydraulic works concerned.
An authorised person must not give another person a direction under this section unless the other person is:
an airport‑operator company for the airport concerned; or
a person who carried out the building activity concerned; or
a person who arranged for the carrying out of the building activity concerned.
A person commits an offence if:
the person is subject to a direction under subsection (1); and
the person engages in conduct; and
the person’s conduct contravenes the direction.
Penalty: 50 penalty units.
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:
the activity is of a kind declared by the regulations to be exempt from this Subdivision;
in a case where a final master plan is in force for the airport—the activity is consistent with the plan;
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.
This subsection applies to a building activity on the airport site for Sydney West Airport if all of the following conditions are satisfied:
the activity is of a kind declared by the regulations to be exempt from this Subdivision;
in a case where a final master plan is in force for the airport—the activity is consistent with the plan;
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;
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;
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.
For designated SWA instrument, see section 103A.
In this section:
authorised person means:
the Secretary of the Department; or
a person authorised in writing by the Secretary of the Department for the purposes of this section.
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