16AExemptions for controlled activities in relation to Sydney West Airport

#### 16A Exemptions for controlled activities in relation to Sydney West Airport (1) For the purposes of paragraphs 183(1)(d) and 187(1)(b) of the Act, a controlled activity for prescribed airspace for Sydney West Airport is declared to be exempt from Division 4 of Part 12 of the Act if the controlled activity is covered by subregulation (2), (3) or (4). Activities involving buildings etc. no more than 10 metres high (2) A controlled activity is covered by this subregulation if: (a) the activity is referred to in paragraph 182(1)(a), (b) or (c) of the Act; and (b) the building, structure or thing referred to in that paragraph intrudes into the prescribed airspace for Sydney West Airport but does not extend above ground level by more than 10 metres; and (c) the activity is not carried out after 31 December 2025. Activities involving temporary buildings etc. (3) A controlled activity is covered by this subregulation if: (a) the activity is a controlled activity for prescribed airspace for Sydney West Airport; and (b) the activity is referred to in paragraph 182(1)(a), (b) or (c) of the Act; and (c) the activity does not continue for more than 12 months; and (d) the activity is not intended to result in, and does not involve the alteration of, a building, structure, or other thing, that: (i) intrudes into the prescribed airspace for Sydney West Airport; and (ii) is intended to remain in place for longer than 12 months; and (e) the activity is not carried out after 31 December 2025. Activities covered by airport plan for Sydney West Airport (4) A controlled activity is covered by this subregulation if: (a) an airport plan for Sydney West Airport is in force; and (b) the controlled activity is, or comprises part of, a development covered by Part 3 of the airport plan; and (c) the activity is not carried out after 30 June 2026.