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Defence Regulation 2016
68FGrant or refusal of approval
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#### 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.