90Major airport development must not be carried out except in accordance with an approved major development plan etc.

#### 90 Major airport development must not be carried out except in accordance with an approved major development plan etc. (1) An airport‑lessee company for an airport must not: (a) carry out a major airport development relating to the airport; or (b) cause or permit to be carried out a major airport development relating to the airport; unless: (c) in any case—the carrying out of the development is in accordance with a major development plan approved under this Division; or (ca) if: (i) the airport is Sydney West Airport; and (ii) the development is covered by Part 3 of an airport plan for the airport; the carrying out of the development is in accordance with Part 3 of the airport plan; or (d) in any case—the development is of a kind declared by the regulations to be exempt from this Division. (2) If: (a) a major airport development plan in relation to an airport is approved under this Division; and (b) the approval is subject to a condition that applies to the airport‑lessee company for the airport; the company must comply with the condition. (3) A company commits an offence if: (a) the company is subject to a requirement under subsection (1) or (2); and (b) the company engages in conduct; and (c) the company’s conduct contravenes the requirement. Penalty: 2,000 penalty units. > 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). (3A) Strict liability applies to paragraph (3)(a). > Note: For strict liability, see section 6.1 of the Criminal Code. (4) A person (other than an airport‑lessee company) must not: (a) carry out a major airport development relating to an airport; or (b) cause or permit to be carried out a major airport development relating to an airport; unless: (c) in any case—the carrying out of the development is in accordance with a major development plan approved under this Division; or (ca) if: (i) the airport is Sydney West Airport; and (ii) the development is covered by Part 3 of an airport plan for the airport; the carrying out of the development is in accordance with Part 3 of the airport plan; or (d) in any case—the development is of a kind declared by the regulations to be exempt from this Division. (5) If: (a) a major airport development plan in relation to an airport is approved under this Division; and (b) the approval is subject to a condition that applies to a person (other than the airport‑lessee company for the airport); the person must comply with the condition. (6) A person commits an offence if: (a) the person is subject to a requirement under subsection (4) or (5); and (b) the person engages in conduct; and (c) the person’s conduct contravenes the requirement. Penalty: 400 penalty units. > Note: A defendant bears an evidential burden in relation to the matters in paragraphs (4)(c) and (d) (see subsection 13.3(3) of the Criminal Code). (7) Strict liability applies to paragraph (6)(a). > Note: For strict liability, see section 6.1 of the Criminal Code.