68FGrant or refusal of approval

68F Grant or refusal of approval

(1) The Minister may, by instrument in writing, grant, or refuse to grant, approval to construct a building, structure or object within a defence aviation area. (2) An approval may be subject to such conditions as the Minister considers necessary to prevent or reduce hazards to: (a) aircraft; or (b) aviation‑related communications, navigation or surveillance. (3) Without limiting subsection (2), an approval may be subject to such conditions with respect to any or all of the following: (a) the position of the building, structure or object; (b) its shape, size or height; (c) the manner of its construction; (d) the materials of which it is to be constructed; (e) the purpose for which it may be used; (f) the manner in which it is to be marked; (g) the height of any apparatus to be used in its construction; (h) the manner in which that apparatus is to be marked. (4) The conditions must be specified in the approval. (5) The Minister must not: (a) refuse to grant approval; or (b) grant approval subject to conditions; or (c) impose, either at the time of approval or by subsequent variation, conditions with respect to the marking or lighting of a building, structure or object; except for the purpose of preventing or reducing hazards to: (d) aircraft; or (e) aviation‑related communications, navigation or surveillance.