Commonwealth Consolidated Regulations

CIVIL AVIATION (BUILDINGS CONTROL) REGULATIONS 1988 - REG 8

  (1)   The Authority or an authorised person may grant an approval to construct a building or structure, the construction of which is prohibited under regulation   3, 4, 5 or 6 without approval.

  (2)   The Authority or an authorised person may refuse an application for approval or may grant an application for approval subject to such conditions with respect to the construction of the building or structure or with respect to the marking or lighting of the building or structure as are specified in the approval.

  (3)   After the grant of an approval under this regulation, the Authority or an authorised person may, by notice in writing served on the person to whom the approval has been given:

  (a)   impose conditions with respect to the marking or lighting of the building or structure;

  (b)   revoke any or all of the conditions subject to which the approval was given;

  (c)   vary the conditions with respect to the marking or lighting of the building or structure; and

  (d)   impose conditions with respect to the marking or lighting of the building or structure additional to the conditions subject to which an approval was given;

and the conditions as so imposed, altered or added to from time to time shall be deemed to be the conditions subject to which the approval is granted.

  (4)   The Authority or an authorised person shall not:

  (a)   refuse an application for approval;

  (b)   grant an application for approval subject to conditions; or

  (c)   impose conditions with respect to the construction of a building or structure or with respect to the marking or lighting of a building or structure;

unless the Authority or the authorised person is satisfied that the building or structure, if erected, or the building or structure if erected otherwise than in accordance with the conditions, as the case may be, will or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome situated within the area in which it is proposed to construct the building or structure.