Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p10
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 10/35)
Character Range: 29125–31983

written notice of the withdrawal; and
 (b) paying a fee of $250.
 (5) If an application is withdrawn, the airport building controller must refund the fee originally paid for the application.

2.11  Decision on application—duty of airport building controller
 (1) Subject to subregulations (1A) and (1B), an airport building controller must deal with an application for approval of a building activity by:
 (a) approving the building activity; or
 (b) approving the building activity subject to any condition the airport building controller determines to be appropriate; or
 (c) undertaking to the applicant that the building activity will be approved if the applicant complies with a direction in the undertaking; or
 (d) refusing to approve the building activity.
 (1A) If the proposed building activity is, or comprises part of, a major airport development, the airport building controller must not make a decision on the application for its approval before the major development plan has been decided, or taken to be approved, by the Minister under section 94 of the Act.
Note: Subregulation (1A) does not apply to a building activity at Sydney West Airport that is covered by Part 3 of an airport plan for the airport and that wholly or partly occurs before the Sydney West Airport completion day—see subregulation (9).
 (1B) If the Minister refuses to approve the draft major development plan, the airport building controller must not deal with the application for approval of the building activity.
Note: Subregulation (1B) does not apply to a building activity at Sydney West Airport that is covered by Part 3 of an airport plan for the airport and that wholly or partly occurs before the Sydney West Airport completion day—see subregulation (9).
 (1C) If the proposed building activity is, or comprises part of, a major airport development, the airport building controller must advise the applicant, orally or in writing, of the effect of subregulations (1A) and (1B).
Note: Subregulation (1C) does not apply to a building activity at Sydney West Airport that is covered by Part 3 of an airport plan for the airport and that wholly or partly occurs before the Sydney West Airport completion day—see subregulation (9).
 (2) Subject to subregulation (2A), if, to enable an application to be competently determined, further information is reasonably required by the airport building controller, the airport building controller may request, in writing:
 (a) the applicant, to give the information; or
 (b) if the airport‑lessee company for the airport has the information—that company, to give the information.
 (2A) The airport building controller must not request further information under subregulation (2) in respect of a building activity that is, or comprises part of, a major airport development before the major development plan has been decided,