Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p12
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 12/35)
Character Range: 34276–37064

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 requested under subregulation (2)—receiving the application for approval of the building activity; or
 (b) if further information is requested under subregulation (2)—receiving the further information.
 (7A) If:
 (a) a building activity is, or comprises part of, a development covered by Part 3 of an airport plan for Sydney West Airport; and
 (b) the building activity is to wholly or partly occur before the Sydney West Airport completion day;
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:
 (c) if no further information is requested under subregulation (2)—receiving the application for approval of the building activity; or
 (d) if further information is requested under subregulation (2)—receiving the further information.
 (8) If a building activity is, or comprises part of, a major airport development for which a major development plan had not 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 requested under subregulation (2)—the major development plan is approved, or taken to be approved, under section 94 of the Act; or
 (b) if further information is requested under subregulation (2) after the major development plan is approved, or taken to be approved—receiving the further information.
 (9) Subregulations (1A), (1B), (1C), (2A), (6) and (8) do not apply to a building activity that:
 (a) is carried out on the airport site for Sydney West Airport; and
 (b) is, or comprises part of, a development covered by Part 3 of an airport plan for the airport; and
 (c) is to wholly or partly occur before the Sydney West Airport completion day.
Note 1: A proposed building activity could be affected by a requirement of the Airports (Environment Protection) Regulations 1997.
Note 2: Under subregulation (2A), an airport building controller must not request further information about a building activity that is, or comprises part of, a major development plan before it has been approved by the Minister.

2.12  Airport‑specific considerations
 (1) An airport building controller must not approve a building activity unless:
 (a) if the applicant is not the airport‑lessee company for the airport (or a person