Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p26
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 26/35)
Character Range: 70110–72780

building controller for an airport may vary a certificate of compliance for a building, or works:
 (a) if application is made, in writing, by:
 (i) the airport‑lessee company for the airport concerned; or
 (ii) the holder of the certificate; or
 (iii) 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; or
 (b) if the airport building controller is satisfied that the variation is necessary, in the public interest, to ensure, as the case requires, that:
 (i) the building is safe for occupancy; or
 (ii) the works are safe for use.
 (1A) 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.
 (1B) 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.
 (2) In considering whether to vary a certificate of compliance, the airport building controller must take into account the matters mentioned in subregulation 3.04(3), as if the airport building controller were considering issuing a certificate of compliance.
 (3) The airport building controller is taken to have refused to grant a varied certificate of compliance if it has not given the applicant notice of its decision before the end of 14 days after receiving the application.

3.11  Duration of certificate of compliance
 (1) A certificate of compliance has effect from the time it is granted:
 (a) until the building, or works, to which it applies ceases to exist, or undergoes alteration not accommodated by the information on which the certificate is based; or
 (b) if it is revoked before it would otherwise cease to be in force—until the time it is revoked.
 (2) A certificate of compliance does not cease to have effect for the reason only that the person to whom it was granted has given up all, or any, of its interest in the building, or works, or the land on which it is constructed.

3.12  Revocation of certificate of