7Application for approval to carry out controlled activity

#### 7 Application for approval to carry out controlled activity (1) For section 183 of the Act, the proponent of a proposed controlled activity must obtain the approval of the Secretary. > Note 1: A person may commit an offence against section 183 of the Act, and remedial orders may be made under section 187 of the Act, if a controlled activity is carried out other than in accordance with an approval. > Note 2: Certain controlled activities are declared to be exempt from Division 4 of Part 12 of the Act and do not require the Secretary’s approval (see Part 5 of these Regulations). (2) An application for the Secretary’s approval must set out: (a) the proposed controlled activity; and (b) its proposed location; and (c) if the proposed controlled activity consists of the erection of a building, structure or thing: (i) the proposed maximum height (above the Australian Height Datum) of the proposed building, structure or thing; and (ii) the proposed maximum height (above the Australian Height Datum) of any temporary structure or equipment intended to be used in the erection of the proposed building, structure or thing; and (d) the purposes of the controlled activity. (3) The proponent must give the application to whichever of the following is applicable for each airport concerned: (a) if there is an airport‑operator company for the airport—the company; (b) if there is no airport‑operator company for the airport—the Secretary. (4) The proponent must give the application to the applicable person under subregulation (3) for each airport concerned at least 28 days before the proponent’s intended commencement of the controlled activity.