Commonwealth Consolidated Regulations

DEFENCE (AREAS CONTROL) REGULATIONS 1989 - REG 10

(1)

The Minister may, by instrument in writing, grant, or refuse to grant, approval to construct a building on affected land.

(2)

The Minister may, by instrument in writing, grant approval to construct a building on affected land subject to such conditions with respect to:

(a)

the position of the building; and

(b)

its shape and size; and

(c)

the manner of its construction; and

(d)

the materials of which it is constructed; and

(e)

the purpose for which it may be used; and

(f)

the manner in which it is to be marked; and

(g)

the height of apparatus to be used in its construction; and

(h)

the manner in which that apparatus is to be marked;

as are specified in the approval.

(3)

The Minister is not to:

(a)

refuse to grant approval; or

(b)

grant approval subject to conditions; or

(c)

impose, either at the time of approval or by subsequent variation, conditions with respect to the marking of a building;

except for the purpose of:

(d)

preventing the existence of an object hazardous to aircraft or to communications; or

(e)

in relation to an object hazardous to aircraft or to communications — reducing the extent of that hazard.