(1) If there is a proposal to construct or erect an object or structure that:
(a) will have a height of 100 metres or more above ground level; or
(b) will include an emissions source that generates a gaseous efflux with a velocity exceeding 4.3 metres per second at the point of emission; or
(c) is of a kind mentioned in regulation 139.185;
CASA may determine, in writing, that the proposed object or structure will be a hazard to aircraft operations.
(2) If there is a proposal to undertake an activity (other than constructing or erecting an object or structure) that will create an emissions source that:
(a) generates a gaseous efflux with a velocity exceeding 4.3 metres per second at the point of emission; or
(b) is of a kind mentioned in regulation 139.185;
CASA may determine, in writing, that the proposed activity will be a hazard to aircraft operations.
(3) If CASA makes a determination under subregulation (1) or (2), CASA must give written notice of the determination to:
(a) the person proposing to construct or erect the object or structure, or undertake the activity; and
(b) if the approval of an authority is required to construct or erect the object or structure, or undertake the activity--the authority.