CTHIn ForceLegislation
Defence Regulation 2016
68EApplications for approval
Start here
Get a plain-English read of 68E
Turn the raw legal text into a practical explanation grounded in Defence Regulation 2016.
#### 68E Applications for approval
(1) A person may apply to the Minister for approval to construct, within a defence aviation area, a building, structure or object that:
(a) exceeds the height restriction (the relevant height restriction) applying to the building, structure or object within the defence aviation area, or part of the defence aviation area, specified in a Ministerial declaration for the defence aviation area; or
(b) is likely to:
(i) generate plumes or air turbulence above the relevant height restriction; or
(ii) cause plumes or air turbulence to be generated above the relevant height restriction.
(2) An application for approval must:
(a) be in writing and signed by, or on behalf of, the applicant; and
(b) be given to the Minister; and
(c) specify the height of the building, structure or object proposed to be constructed; and
(d) state the purpose for which the building, structure or object is proposed to be used; and
(e) state whether in connection with the building, structure or object any object hazardous to:
(i) aircraft; or
(ii) aviation‑related communications, navigation or surveillance;
is proposed, or is likely, to be brought into the defence aviation area; and
(f) specify the height of any other objects that may reasonably be expected to be within the defence aviation area in connection with the building, structure or object; and
(g) be accompanied by plans, including elevation views, that show the shape, size, position, geographic coordinates and material of the building, structure or object and the contours of the land on which the building, structure or object is to be constructed; and
(h) include a detailed description of measures to prevent or reduce any hazards to:
(i) aircraft; or
(ii) aviation‑related communications, navigation or surveillance;
that may reasonably be expected to be caused by the building, structure or object; and
(i) if the building, structure or object is likely to generate plumes or air turbulence, or to cause plumes or air turbulence to be generated, above the relevant height restriction—include a detailed description of the likely plumes or air turbulence and the measures to prevent or reduce any hazards to:
(i) aircraft; or
(ii) aviation‑related communications, navigation or surveillance;
that may reasonably be expected to be caused by the plumes or air turbulence.
(3) The Minister may, by notice in writing, require an applicant to provide such further information with respect to an application as is reasonably required for a proper consideration of the application.
(4) The Minister is not required to consider, or further consider, the application until the further information is provided.