99Building activities not to be carried out without approval

#### 99 Building activities not to be carried out without approval Contravention by an airport‑lessee company (1) An airport‑lessee company for an airport must not: (a) carry out a building activity on the airport site; or (b) cause or permit to be carried out on the airport site a building activity; unless: (c) carrying out the activity is in accordance with an approval granted under regulations made for the purposes of this Subdivision; or (d) in the case of a building activity on the airport site for an airport other than Sydney West Airport—all of the following conditions are satisfied: (i) the activity is of a kind declared by the regulations to be exempt from this Subdivision; (ii) in a case where a final master plan is in force for the airport—the activity is consistent with the plan; (iii) 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; or (e) in the case of a building activity on the airport site for Sydney West Airport—all of the following conditions are satisfied: (i) the activity is of a kind declared by the regulations to be exempt from this Subdivision; (ii) in a case where a final master plan is in force for the airport—the activity is consistent with the plan; (iii) 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; (iv) 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; (v) 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. Offence (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: 250 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). (2A) Strict liability applies to paragraph (2)(a). > Note: For strict liability, see section 6.1 of the Criminal Code. Contravention by a person other than an airport‑lessee company (3) A person other than an airport‑lessee company must not: (a) carry out a building activity on an airport site; or (b) cause or permit to be carried out on an airport site a building activity; unless: (c) carrying out the activity is in accordance with an approval granted under regulations made for the purposes of this Subdivision; or (d) in the case of a building activity on the airport site for an airport other than Sydney West Airport—all of the following conditions are satisfied: (i) the activity is of a kind declared by the regulations to be exempt from this Subdivision; (ii) in a case where a final master plan is in force for the airport—the activity is consistent with the plan; (iii) 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; or (e) in the case of a building activity on the airport site for Sydney West Airport—all of the following conditions are satisfied: (i) the activity is of a kind declared by the regulations to be exempt from this Subdivision; (ii) in a case where a final master plan is in force for the airport—the activity is consistent with the plan; (iii) 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; (iv) 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; (v) 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. Offence (4) A person commits an offence if: (a) the person is subject to a requirement under subsection (3); and (b) the person engages in conduct; and (c) the person’s conduct contravenes the requirement. Penalty: 50 penalty units. > Note: A defendant bears an evidential burden in relation to the matters in paragraphs (3)(c) and (d) (see subsection 13.3(3) of the Criminal Code). (5) Strict liability applies to paragraph (4)(a). > Note: For strict liability, see section 6.1 of the Criminal Code.