Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p28
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 28/35)
Character Range: 75016–77650

of the Act
 (1) For subsections 106(1) and (4) of the Act, a building or an eligible alteration of a building, on an airport site, is exempt from Subdivision D of Division 5 of Part 5 of the Act if:
 (a) the building, or alteration, was completed before the airport site on which it is located was first leased, and the building:
 (i) continues to have the use it had immediately before the airport site on which it is located was first leased; and
 (ii) has been maintained in a condition consistent with the structural needs of that use; or
 (b) the building, or alteration, is the result of a building activity to which subregulation 2.24(1) applied.
 (2) For subsections 106(1) and (4) of the Act, a works, or an eligible alteration of works, on an airport site, is exempt from Subdivision D of Division 5 of Part 5 of the Act if:
 (a) the works, or alteration, was completed before the airport site on which it is located was first leased; and
 (b) the works continues to have the use it had immediately before the airport site on which it is located was first leased; and
 (c) the works has been maintained in a condition consistent with the structural needs of that use.
 (3) For this regulation, an eligible alteration is an alteration that constitutes only repair to, or reconstruction of, an existing building, or works, and that does not affect the safety or structural soundness of the building, or works, and that:
 (a) is appropriate maintenance; or
 (b) does not involve underpinning of, or replacement of, the footings; or
 (c) for a building—is in the nature of cosmetic change, or fitout, to the interior or exterior of the building.
 (4) In subregulation (1), first leased means:
 (a) first leased under the Airports (Transitional) Act 1996; or
 (b) if an airport lease for the airport site is not granted under that Act—first leased under the Act.

3.17  Special exemptions for Sydney West Airport from Subdivision D of Division 5 of Part 5 of the Act
 (1) For the purposes of paragraphs 106(1)(e) and (4)(e) of the Act, buildings, structures, earthworks, engineering works, electrical works, hydraulic works or eligible alterations (as defined in section 105 of the Act) resulting from building activities to which subregulation 2.24(1A) applies are exempt from Subdivision D of Division 5 of Part 5 of the Act.
Note: Subregulation 2.24(1A) declares that certain building activities at Sydney West Airport are exempt from Subdivision C of Division 5 of Part 5 of the Act.
 (2) This regulation does not limit the operation of regulation 3.16 in relation to the airport site for Sydney West Airport.

Part 4—Airport