Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p15
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 15/35)
Character Range: 42324–45125

rehabilitation of the site of the demolition.

2.16  Amendment of approval
 (1) At any time, the person carrying out a building activity under a building approval may apply to the airport building controller for the airport to vary the building approval, by:
 (a) giving the airport building controller written notice setting out the variation sought; and
 (b) paying the fee specified in subregulation (2A).
 (2) However, the airport building controller must not approve an application under subregulation (1) to vary a building approval if:
 (a) the variation would significantly alter the character, size or impact of the building activity, or the resulting development; or
 (b) if the building activity is on the airport site for an airport other than Sydney West Airport—the variation relates to a major airport development and there is no major development plan approved for the development; or
 (c) in the case of a building activity on the airport site for Sydney West Airport:
 (i) the variation relates to a major airport development; and
 (ii) there is no major development plan approved for the development; and
 (iii) if the building activity is to wholly or partly occur before the Sydney West Airport completion day—the development is not covered by Part 3 of an airport plan for the airport.
 (2A) The fee is the total of:
 (a) $250; and
 (b) if the estimated cost of the works, if constructed according to the approval as varied, would be greater than that of the works if constructed according to the original approval—the difference (if any) in the application fee payable for the application for the original approval and the application fee that would have been payable for the application for the approval as varied.
 (3) The airport building controller must deal with the application by:
 (a) granting a varied building approval; or
 (b) granting a varied building approval subject to any condition the airport building controller determines to be appropriate; or
 (c) undertaking to the applicant that a varied building approval will be granted if the applicant complies with a direction in the undertaking; or
 (d) refusing to grant a varied building approval.
 (4) When an airport building controller has decided an application, it must:
 (a) give notice, in writing, of its decision to:
 (i) the applicant; and
 (ii) if the applicant is not the airport‑lessee company for the affected airport—the airport‑lessee company; and
 (b) if the decision alters the inspection stages at which the building activity is to be inspected under paragraph 2.17(1)(h) specify in the notice the altered inspection stages; and
 (c) if the decision is not an unconditional grant—include a statement of the reasons for the decision.
 (5) The airport building controller is taken to have refused