103Remedial directions

#### 103 Remedial directions (1) If: (a) a building activity is carried out on an airport site; and (b) subsections (4) and (4A) do not apply to the activity; and (c) either: (i) the activity was not authorised by an approval granted under the regulations; or (ii) 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: (d) to stop work on; or (e) to carry out remedial work on; or (f) to demolish, dismantle or remove; the building, structure, earthworks, engineering works, electrical works or hydraulic works concerned. (2) An authorised person must not give another person a direction under this section unless the other person is: (a) an airport‑operator company for the airport concerned; or (b) a person who carried out the building activity concerned; or (c) a person who arranged for the carrying out of the building activity concerned. (3) A person commits an offence if: (a) the person is subject to a direction under subsection (1); and (b) the person engages in conduct; and (c) the person’s conduct contravenes the direction. Penalty: 50 penalty units. (4) 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: (a) the activity is of a kind declared by the regulations to be exempt from this Subdivision; (b) in a case where a final master plan is in force for the airport—the activity is consistent with the plan; (c) 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. (4A) This subsection applies to a building activity on the airport site for Sydney West Airport if all of the following conditions are satisfied: (a) the activity is of a kind declared by the regulations to be exempt from this Subdivision; (b) in a case where a final master plan is in force for the airport—the activity is consistent with the plan; (c) 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; (d) 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; (e) 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. (5) In this section: > authorised person means: (a) the Secretary of the Department; or (b) a person authorised in writing by the Secretary of the Department for the purposes of this section.