96JCompliance with condition set out in airport plan

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.