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COMMONWEALTHAct
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s 96J

Compliance with condition set out in airport plan

In force
Part 5Land use, planning and building controls
Division 4AAirport plan for Sydney West Airport

96J Compliance with condition set out in airport plan

(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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