(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.