Document ID: chunk:federal_register_of_legislation:F2024C00986:reg:1:p13
Version: federal_register_of_legislation:F2024C00986
Segment Type: reg
Provision Reference: reg 1 (pt 13/35)
Character Range: 36798–39826

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 acting on behalf of the airport‑lessee company)—the airport building controller is satisfied that the airport‑lessee company has consented to the proposed building activity; and
 (b) if approval of the proposed building activity is necessary under the Airports (Protection of Airspace) Regulations—the airport‑lessee company for the airport, or the Secretary, has approved the proposed building activity under those Regulations.
 (2) An airport building controller may direct, as a condition of a building approval, that building activity not be carried out at specified times, or that certain types of building activity not be carried out at specified times, being times at which other activities at the airport should not be disrupted.

2.13  Criteria for building permit
 (1) If an application is for a building permit, an airport building controller must not approve the proposed building activity unless the airport building controller is satisfied that:
 (a) the proposed building, if completed in accordance with the plan and specification attached to the application, will be fit for occupancy; and
 (b) the building activity will be carried out in accordance with appropriate standards.
 (2) For subregulation (1), the building activity will be carried out in accordance with appropriate standards if:
 (a) the design of the proposed building ensures compliance with the applicable Australian building standards; or
 (b) if the design does not ensure compliance with particular applicable Australian building standards—the applicant provides a written explanation of the inappropriateness of compliance with those standards, and the airport building controller approves the non‑compliance.
 (3) An airport building controller may comply with subregulation (1) in relation to a matter mentioned in paragraph (1)(a) or (b) by relying on:
 (a) a report prepared by an appropriate building expert; or
 (b) a certificate issued by a regulatory authority.
 (4) In considering an application for a building permit, an airport building controller must also have regard to:
 (a) public safety during conduct of the building activity; and
 (b) amenity of buildings and services at the airport during conduct of the building activity; and
 (c) the appropriateness of proposed linkages, for the building activity, with services and facilities outside the airport; and
 (d) the appropriateness of proposed arrangements for clean‑up and rehabilitation of the site of the building activity.

2.14  Criteria for works permit
 (1) If an application is for a works permit, an airport building controller must not approve the proposed building activity unless the airport building controller is satisfied that:
 (a) the proposed works, if completed in accordance with the