Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p3
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 3/35)
Character Range: 11133–13832

building activities from Subdivision C of Division 5 of Part 5 of the Act.
Note: The requirement to obtain a building approval is affected by regulation 2.25.

2.02  Application for approval to carry out building activity
 (1A) The following persons may apply for a building approval:
 (a) the airport‑lessee company for the airport site, or a person on behalf of the airport‑lessee company;
 (b) the sub‑lessee, or a person on behalf of the sub‑lessee, of the building or of the land in or on which the building work is to be carried out;
 (c) a person who has an interest in land at the airport, or a person on behalf of the person who has an interest in land at the airport.
 (1) The person must:
 (a) apply in writing to the airport building controller for the airport site; and
 (b) pay a fee of:
 (i) if the proposed building activity is the demolition of a structure—$400; or
 (ii) in any other case—the amount, according to the total estimated cost of the proposed building or works, set out in Schedule 1 for the airport site.
 (2) An application may be for an approval of any of the following kinds:
 (a) if the proposed building activity is the construction or alteration of a building—a building permit;
 (b) if the proposed building activity is the construction or alteration of works—a works permit;
 (c) if the proposed building activity is the demolition, destruction, dismantling or removal of a building, or works—a demolition authorisation.

2.03  Airport‑lessee company consent
 (1) If the applicant for a building approval is not the airport‑lessee company, the applicant must give to the airport‑lessee company a copy of the application and of each document mentioned in regulation 2.05.
 (2) If the applicant is a person described in paragraph  2.02(1A)(b) or (c), approval must be refused by the airport building controller for the airport site unless the application for approval has the consent of the airport‑lessee company for the airport site.
 (3) The airport‑lessee company must:
 (a) grant consent; or
 (b) grant consent subject to any condition that it considers appropriate; or
 (c) refuse consent.
 (4) Before the end of 28 days after receipt of an application, or, if the applicant has agreed to a longer period, the end of that period, the airport‑lessee company must give written notice of its decision:
 (a) to the applicant; and
 (b) to the airport building controller;
and, if consent is refused, or is granted subject to a condition, the notice must set out the reasons for the decision.
 (5) Despite subregulation (3), if at the end of the applicable period under subregulation (4), the airport‑lessee company has not given written notice to the applicant,