9Intrusion into PANS‑OPS airspace

#### 9 Intrusion into PANS‑OPS airspace (1) Subregulation (1A) applies to an application for approval of a proposed controlled activity (other than a short‑term controlled activity) that consists of the erection of a building, structure or thing if: (a) the building, structure or thing would, if erected, intrude into PANS‑OPS airspace for the airport concerned; or (b) a thing to be used in erecting the building, structure or thing would, during the erection of the building, structure or thing, intrude into PANS‑OPS airspace for the airport. (1A) If this subregulation applies to an application for approval of a proposed controlled activity, the airport‑operator company for the airport concerned, or, if there is no airport‑operator company for the airport, the Secretary, must give written notice that the building, structure or thing will, if erected, intrude into PANS‑OPS airspace for the airport to: (a) the proponent of the controlled activity; and (b) the building authority concerned. (2) The notice must be given before the end of 7 days after the application for approval of the controlled activity is given to the airport‑operator company or Secretary (as the case requires), and must inform the proponent and the building authority that the application cannot be approved. > Note: see regulation 14.