New South Wales Consolidated Regulations

BOTANY LOCAL ENVIRONMENTAL PLAN 1995 - REG 13B

13B Development and Obstacle Limitation Surfaces (OLS)

(1) The Council may grant consent to development that would penetrate the nominated airspace in relation to Sydney (Kingsford Smith) Airport only if:

(a) it has referred the development application to Sydney Airport Corporation Limited, and

(b) any necessary approvals required under the Civil Aviation (Buildings Control) Regulations 1988 and the Airports (Protection of Airspace) Regulations 1996 (both of the Commonwealth) in relation to the development have been obtained.

(2) In this clause:
"nominated airspace" in relation to Sydney (Kingsford Smith) Airport means airspace in or in relation to which:

(a) the construction of a building or structure requires an approval under the Civil Aviation (Buildings Control) Regulations 1988 of the Commonwealth, or

(b) the carrying out of a controlled activity (as defined in section 182 of the Airports Act 1996 of the Commonwealth) requires an approval under the Airports (Protection of Airspace) Regulations 1996 of the Commonwealth.

Note: The Commonwealth legislation referred to in this clause requires approvals to be obtained (from the Civil Aviation Safety Authority, in the case of the Civil Aviation (Buildings Control) Regulations 1988 , and the Secretary of the Commonwealth Department of Transport and Regional Services, in the case of the Airports (Protection of Airspace) Regulations 1996 ) before certain airspace (including that relating to Sydney (Kingsford Smith) Airport) may be intruded upon by (amongst other things) buildings or other structures.