Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p23
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 23/35)
Character Range: 62287–65085

made, in writing, to the airport building controller for the airport by:
 (a) the airport‑lessee company for the airport; or
 (b) the person carrying out the building activity that has resulted in the building, or works; or
 (c) a person whose interest in the building, or works, or the land on which the building, or works, is located, entitles the person to carry out the building activity that has resulted in the building, or works.
 (2) If the building or works is not the subject of a building approval given by the airport building controller for the airport, then, before the airport building controller begins to investigate whether the building or works is to be treated as complying with these Regulations:
 (a) the airport building controller must estimate the time that will be required to carry out the investigation; and
 (b) the applicant must pay, for the application, a fee worked out by multiplying $125 by the number of hours (taking any fraction of an hour as 1 hour) of the estimated time.
 (3) In making the estimate, the airport building controller must invite the applicant to comment on the investigation, and, in particular, the time likely to be required to carry out the investigation, and must take into account any comments made by the applicant.

3.03  Amendment of application
  An applicant for a certificate of compliance may vary, or withdraw, the application, at any time before the airport building controller has made a decision on the application, by giving the airport building controller appropriate written notice.

3.04  Certificate of compliance—decision of airport building controller
 (1) A certificate of compliance may be issued for:
 (a) if application is for a building—occupancy; or
 (b) if application is for works—use.
 (2) An airport building controller must deal with an application for a certificate of compliance by:
 (a) issuing the certificate; or
 (b) issuing the certificate subject to any condition the airport building controller determines to be necessary and reasonable; or
 (c) refusing to issue the certificate.
 (3) The airport building controller for an airport must not issue a certificate of compliance for a building or works on the airport site unless the airport building controller is satisfied that the building or works, as completed:
 (a) is in accordance with the plan and specification submitted to the airport building controller with the application for the building approval for the building activity that has resulted in the building or works; and
 (b) makes proper provision, in accordance with Australian building standards, for the health, safety and comfort of any occupants or users; and
 (c) can reasonably be used for the purpose for which it was built; and
 (d) complies with the requirements mentioned in