Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p22
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 22/35)
Character Range: 59844–62524

after the date on which the building permit was granted; or
 (b) if the permit is expressed to be in force for a period shorter than 3 years—until the end of the specified period; or
 (c) if the term for which the building permit is expressed to be in force has been extended, in writing, by the FAC—until the end of the earlier of:
 (i) the extended period; and
 (ii) 3 years after the date the extension was granted.
 (2) A condition, subject to which the building permit was granted, has effect as if it were a condition imposed by the building controller for the airport, and, to the extent that it is inconsistent with a duty under regulation 2.17, prevails over the duty.
 (3) If:
 (a) before commencement of the Act, the FAC consented to a building activity under a lease of land that, under the Act, is on an airport site; and
 (b) had not, immediately before commencement of the airport lease of the airport site, issued a permit to commence work on the building activity; and
 (c) under the Airports (Transitional) Act 1996, the airport‑lessee company for the airport site has acquired the rights and obligations of the FAC in relation to the person to whom the consent was given;
the airport‑lessee company must not withdraw the consent for the purpose only of avoiding a contractual obligation touching on, or concerning, the lease.
 (4) In subregulation (1), airport lease means:
 (a) an airport lease under the Airports (Transitional) Act 1996; or
 (b) if an airport lease for the airport site is not granted under that Act—under the Act.

2.26  Building activities on associated sites for Sydney West Airport
  For the purposes of these Regulations, if:
 (a) a building activity is, or comprises part of, an ancillary development on an associated site for Sydney West Airport; and
 (b) the ancillary development is covered by Part 3 of an airport plan for the airport;
the activity is taken to be a building activity on the airport site for Sydney West Airport.

Part 3—Certificates of compliance

3.01  Interpretation
  In this Part:
building includes a part of a building.
certificate for occupancy means a certificate of compliance to which paragraph 3.04(1)(a) applies.
certificate for use means a certificate of compliance to which paragraph 3.04(1)(b) applies.

3.02  Application for issue of certificate of compliance
 (1) Application for a certificate of compliance for a building, or works, on an airport site may be 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