Commonwealth Numbered Regulations

1988 No. 161 CIVIL AVIATION (BUILDINGS CONTROL) REGULATIONS - REG 8

8. (1) The Authority or a person authorised in writing by the Authority for
the purposes of this regulation 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 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 of
the building or structure as are specified in the approval.

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

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

   (d)  impose conditions with respect to the marking 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 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 of a building or structure;
        unless the Authority 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.