96J

Compliance with condition set out in airport plan

In force

(1)

If:

(a)

an airport plan for Sydney West Airport is in force; and

(b)

Part 3 of the airport plan sets out a condition to be complied with in relation to a development covered by that Part; and

(c)

the condition applies to the airport‑lessee company for the airport;

the company must comply with the condition.

(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.

Penalty: 2,000 penalty units.

(3)

Strict liability applies to paragraph (2)(a).

Note:

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

(4)

If:

(a)

an airport plan for Sydney West Airport is in force; and

(b)

Part 3 of the airport plan sets out a condition to be complied with in relation to a development covered by that Part; and

(c)

the condition applies to a person (other than the airport‑lessee company for the airport);

the person must comply with the condition.

(5)

A person commits an offence if:

(a)

the person is subject to a requirement under subsection (4); and

(b)

the person engages in conduct; and

(c)

the person’s conduct contravenes the requirement.

Penalty: 400 penalty units.

(6)

Strict liability applies to paragraph (5)(a).

Note:

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

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