Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p11
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 11/35)
Character Range: 31718–34508

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, or taken to be approved, by the Minister under section 94 of the Act.
Note: Subregulation (2A) 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).
 (3) The airport building controller need not make a decision under subregulation (1) until the requested further information is received.
 (4) If the airport building controller gives an undertaking and direction under paragraph (1)(c), and the applicant complies with the direction, the airport building controller must approve the building activity.
 (5) 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 is an approval—specify in the notice the inspection stages (if any) at which the building activity is to be inspected by an appropriate expert or a regulatory authority under paragraph 2.17(1)(h); and
 (c) if the decision is not an unconditional approval—include a statement of the reasons for the decision.
 (6) If a building activity is not, or does not comprise part of, a major airport development, the airport building controller is taken to have refused to approve the building activity if it has not given the applicant notice of its decision before the end of 28 days after:
 (a) if no further information is requested in accordance with subregulation (2)—receiving the application for approval of the building activity; or
 (b) if further information is requested in accordance with subregulation (2)—receiving the further information.
Note: Subregulation (6) 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).
 (7) If a building activity is, or comprises part of, a major airport development for which a major development plan has been approved, or taken to be approved, under section 94 of the Act at the time of the application for approval of the building activity, the airport building controller is taken to have refused to approve the building activity if it has not given the applicant notice of its decision before the end of 28 days after:
 (a) if no further information is