Commonwealth Numbered Regulations

1992 No. 255 FEDERAL AIRPORTS CORPORATION REGULATIONS - REG 9

9. (1) A person who is not a licensee must not carry out part or all of the
works or exercise some or all of the rights within, over or partly within or
over, either or both of :

   (a)  the Airport; or

   (b)  the dredging site. Penalty: $500.

(2) A licensee is authorised to carry out the part of the works and exercise
those of the rights referred to in the licence in spite of a law, or a
provision of a law, of the State of New South Wales that:

   (a)  relates to:

        (i)    environmental assessment, including, as examples only,
               sections 76 and 112 of the
               Environmental Planning and Assessment Act 1979; or

        (ii)   environmental planning, including, as examples only, sections 
               76 and 112 of the
               Environmental Planning and Assessment Act 1979; or

        (iii)  land development, including, as examples only, sections 76 and
               112 of the Environmental Planning and Assessment Act 1979; or

        (iv)   depositing soil, sand, gravel, stone, rock or other material on
               land, whether submerged or not; or

        (v)    removing soil, sand, gravel, stone, rock or other material from
               land, including, as examples only:

                (A)  section 76 of the
                     Environmental Planning and Assessment Act  1979 ; or

                (B)  section 8 of the Mining Act 1992; or

                (C)  section 5 of the Mines Inspection Act 1901; or

                (D)  section 13TA of the Maritime Services Act 1935; or

        (vi)   carrying out works on, over or under land, including, as
               examples only:

                (A)  section 76 of the
                     Environmental Planning and Assessment Act  1979 ; or

                (B)  section 13TA of the Maritime Services Act 1935; or

        (vii)  carrying out works on or in waters, whether navigable or not,
               including works consisting of driving piles, constructing or
               erecting any wharf, jetty, wall or other erection or the
               reclaiming of land, including, as an example only, sections 141
               and 142 of the Navigation Act 1901; or

        (viii) erecting, constructing, mooring or stationing a structure or
               installation in, on or in the vicinity of waters, whether
               navigable or not, including, as examples only:

                (A)  sections 13JE and 13T of the Maritime Services Act 1935;
                     or

                (B)  regulation 28 of the Management of Waters and Waterside
                     Lands Regulations; or

        (ix)   dredging the bed of waters, whether navigable or not,
               including, as examples only:

                (A)  section 13N of the Maritime Services Act 1935; or

                (B)  section 5 of the Mines Inspection Act 1901; or

        (x)    the disturbance of birds, including, as examples only, sections
               92E and 98 of the National Parks and Wildlife Act 1974; or

        (xi)   the protection of the habitat of birds, including, as examples
               only, sections 92E and 98 of the
               National Parks and Wildlife Act  1974 ; or

        (xii)  water pollution caused by the introduction of sediment into
               water by:

                (A)  dredging fill; or

                (B)  excavating fill; or

                (C)  depositing fill; or

                (D)  taking fill; or

                (E)  transporting fill; or

                (F)  laying pipes; or

                (G)  installing structures on, above or under the seabed; or

                (H)  installing cables on, above or under the seabed;
                     including, as an example only, section 16 of the
                     Clean Waters Act 1970; or

        (xiii) noise or vibration caused by the operation of construction
               equipment, including pile driving, dredging or earthmoving
               equipment, including, as examples only, sections 18, 27, 36,
               37, 40, 41, 45, 52, 53 and 59 of the Noise Control Act 1975; or

        (xiv)  the emission of sand or dust, including, as an example only,
               subsection 15 (1) of the Clean Air Act 1961; or

        (xv)   affecting the flow of waters, including, as an example only,
               section 22B of the Water Act 1912; or

        (xvi)  the construction of a channel affecting the use of waters,
               including, as an example only, section 21B of the
               Water Act 1912; and

   (b)  might otherwise apply to prohibit, regulate or control the carrying
        out of the works, or the exercise of the rights, that are referred to
        in the licence.

(3) Except as provided in regulation 10, nothing in these Regulations is
intended to exclude the operation of a law, or a provision of a law, of the
State of New South Wales relating to the control of exhaust emissions from
ships, vehicles or machinery, including, as an example only, section 21C of
the Clean Air Act 1961.

(4) Except as provided in subparagraphs (2) (iv) to (ix) (inclusive) and
regulation 10, nothing in these Regulations is intended to exclude the
operation of a law, or a provision of a law, of the State of New South Wales
relating to navigation and activities affecting navigation, including, as
examples only, sections 13U, 13W and 13X of the Maritime Services Act 1935.