These regulations are the Airports (Building Control) Regulations 1996.

The object of these Regulations is to establish, for Division 5 of Part 5 of the Act, a system for the approval of building activity on airports to which that Part of the Act applies.

Note Approval for a particular building activity on a core regulated airport may also be necessary under the Airports (Protection of Airspace) Regulations.

1.03 Effect on State laws

Nothing in these Regulations affects the operation of a State law in respect of:

(a) the registration of builders or other persons having professional qualifications relating to construction;

(b) builder insurance;

(d) the protection of persons against fire.

1.04 Interpretation

(1) In these Regulations:

airport building controller, for an airport site, means a person appointed, for that site, under regulation 4.01.

approved final master plan, for an airport site, means the final master plan for the site approved under subsection 81 (2) of the Act.

Australian Standard means a standard approved for publication by, or for, the Council of the Standards Association of Australia as an Australian Standard.

authorised person means a person authorised by the Secretary, in writing, for a purpose of the provision in which the expression appears.

building includes a structure (within the meaning of subsection 98 (2) of the Act).

building approval means an approval under regulation 2.11 to carry out a building activity on an airport site.

building permit see subregulation 2.02 (2).

Building Code means the Building Code of Australia, as in force, or existing, from time to time.

building expert, for building activity on an airport site, means a person generally recognised within the building industry as having expert knowledge about, or qualifications for, the construction of buildings, and includes:

(a) a person licensed to practice any of the following professions or trades in the State:

(i) building surveyor;

(ii) architect;

(iii) engineer engaged in the building industry;

(iv) fire‑safety engineer; and

(b) the person responsible for the building activity, or any stage of the building activity; and

demolition authorisation see subregulation 2.02 (2).

expert in demolition procedures, for building activity on an airport site, means a person generally recognised within the building industry as having expert knowledge about, or qualifications for, the demolition of buildings.

FAC means the Federal Airports Corporation.

regulatory authority includes:

(a) an authority or body authorised by law to regulate works for the supply of gas, water, electricity or sewerage services; or

(b) AUSTEL; or

Secretary means the Secretary to the Department.

State includes the Australian Capital Territory and the Northern Territory.

works includes:

(a) earthworks or engineering works (within the meaning of subsection 98 (3) of the Act); and

(b) electrical works; and

works expert, for building activity on an airport site, means a person generally recognised within the building industry as having expert knowledge about, or qualifications for, the carrying out of works, and includes:

(a) a person:

(i) licensed to practice as an engineer in the State; or

(ii) qualified for the carrying out of that type of building activity; and

(b) the person responsible for the building activity, or any stage of the building activity; and

works permit see subregulation 2.02 (2).

(2) An expression used in these Regulations and in Division 5 of Part 5 of the Act has the same meaning in these Regulations as in that Division.

(3) An expression used in these Regulations and in the Airports Regulations 1997 has the same meaning in these Regulations as in those Regulations.

(4) A reference in these Regulations to Australian building standards:

(a) for a building activity other than demolition — is a reference to:

(i) the Building Code, as the Code is applied in the State in which the building activity is taking place; or

(ii) if the Building Code does not apply to the building activity, or a part of the building activity — standards determined by the airport building controller, in writing, to be applicable to the building activity, or part, having regard to customary standards for the kind of activity being carried out; or

(b) for a demolition — is a reference to Australian Standard AS 2601‑1991, The demolition of Structures, as in force, or existing, from time to time.

(5) A reference in these Regulations to the airport building controller, for an airport site for which the Secretary has not appointed an airport building controller, is a reference to the Secretary.

(6) A reference in these Regulations to an appropriate building expert, for a part of a building activity, is a reference to a building expert having the qualifications appropriate for the carrying out of that part.

Part 2 Building activity approvals

2.01 Purpose of Part

The purpose of this Part is:

(a) to establish a system for approval of appropriate building activities on airport sites; and

(b) to exempt certain building activities from Subdivision C of Division 5 of Part 5 of the Act.

Note The requirement to obtain a building approval is affected by regulation 2.25.

2.02 Application for approval to carry out building activity

(1) A person requiring a building approval must:

(a) apply in writing to the airport building controller for the airport site; and

(b) pay a fee of:

(i) if the proposed building activity is the demolition of a structure — $400; or

(ii) in any other case — the amount, according to the total estimated cost of the proposed building or works, set out in Schedule 1 for the airport site.

(2) An application may be for an approval of any of the following kinds:

(a) if the proposed building activity is the construction or alteration of a building — a building permit;

(b) if the proposed building activity is the construction or alteration of works — a works permit;

(c) if the proposed building activity is the demolition, destruction, dismantling or removal of a building, or works — a demolition authorisation.

(3) The applicant for a building approval may be:

(a) the airport‑lessee company for the airport site, or a person on behalf of the airport‑lessee company;

(b) the sub‑lessee, or a person on behalf of the sub‑lessee, of the building or of the land in or on which the building work is to be carried out.

2.03 Airport‑lessee company consent

(1) If the applicant for a building approval is not the airport‑lessee company, the applicant must give to the airport‑lessee company a copy of the application and of each document mentioned in regulation 2.05.

(2) If the applicant is a person described in paragraph 2.02 (3) (b), approval must be refused by the airport building controller for the airport site unless the application for approval has the consent of the airport‑lessee company for the airport site.

(3) The airport‑lessee company must:

(a) grant consent; or

(b) grant consent subject to any condition that it considers appropriate; or

(4) Before the end of 28 days after receipt of an application, or, if the applicant has agreed to a longer period, the end of that period, the airport‑lessee company must give written notice of its decision:

(a) to the applicant; and

(b) to the airport building controller;

and, if consent is refused, or is granted subject to a condition, the notice must set out the reasons for the decision.

(5) Despite subregulation (3), if at the end of the applicable period under subregulation (4), the airport‑lessee company has not given written notice to the applicant, consent is taken to have been refused.

2.04 Considerations for grant or refusal of consent

(1) An airport‑lessee company must not refuse consent to an application for building approval unless the proposed building activity is inconsistent with:

(a) the final master plan for the airport (if any); or

(b) an approved major development plan for the airport (if any); or

(d) the airport‑lessee company's planning objectives for the airport.

Note It is possible that a proposal that, under paragraphs (a) and (b), has no inconsistency, could, nevertheless, be found to be unsatisfactory under paragraph (c) or (d). It is also possible that a proposal that is inconsistent in a way mentioned in subregulation (l) is preserved from refusal of consent, under subregulation (2).

(2) An airport‑lessee company must not refuse consent to an application for building approval if, to do so, would be inconsistent with an obligation of the company, relating directly or indirectly to approval of the building activity:

(a) as lessor under a sublease to which subsection 22 (2) of the Act, or subsection 26 (2) of the Airports (Transitional) Act 1996, applies; or

(b) under an interest to which subsection 22 (3) of the Act, or subsection 26 (3) of the Airports (Transitional) Act 1996, applies.

(3) In determining whether to refuse consent because a proposed building activity is inconsistent with a plan mentioned in paragraph (l) (a), (b) or (c), the airport‑lessee company must have regard to the significance of the inconsistency.

(4) In determining whether to refuse consent because a proposed building activity is inconsistent with planning objectives for the airport, the airport‑lessee company must have regard to the significance of the inconsistency and, in particular, to:

(a) the type, location, shape, size, height, density, design and external appearance of the development that will result from the proposed building activity; and

(b) if a building is intended to be constructed — the siting of the building in relation to the size, and shape, of the site it will occupy; and

(i) to existing buildings and other structures on adjoining land at the airport; and

(ii) to other approved development on adjoining land at the airport; and

(d) if appropriate — the proposed means of entrance to, and exit from, the resulting development and, in particular, whether adequate provision has been made for loading, unloading, manoeuvring and parking of vehicles; and

(e) if appropriate — the management of travel of vehicles and pedestrians to and from the resulting development; and

(f) the impact the building activity, or resulting development, is likely to have on the environment and, if an adverse impact is likely, whether it is reasonably possible to protect the environment.

(5) In determining whether it is appropriate to grant a conditional consent, the airport‑lessee company must have regard to possible impacts of the proposed building activity on:

(a) the safety and security of persons at the airport, in general; and

(b) airport services and the efficient operation of the airport.

2.05 Information about proposed building activity

(1) An application for a building approval must be in a form acceptable to the airport building controller for the airport site concerned, and must include:

(a) a description of the proposed building activity, and its location on the airport site; and

(b) if there is a final master plan for the airport — a statement describing how the proposed building activity is consistent with the plan; and

(c) if the proposed building activity is, or comprises part of, a major airport development (within the meaning of section 89 of the Act) — a statement describing how the proposed building activity is consistent with:

(i) the approved major development plan for the airport; or

(ii) any exemption declared under paragraph 90 (1) (d) of the Act; and

(ca) if the proposed building activity is not, or does not comprise part of, a major airport development — a statement to that effect; and

(cb) if the proposed building activity is, or comprises part of, a draft major development plan — a statement to that effect; and

(d) if there is a final environment strategy for the airport — a statement describing how the proposed building activity is consistent with the strategy; and

(e) 2 copies of the site plan for the proposed building activity, including a depiction of the proposed development resulting from the building activity

(f) a copy of any other information about the proposed building activity required by a regulatory authority, or other body having a regulatory function, in relation to the resulting building, works or demolition.

(2) If there is a final master plan, an approved major development plan, or a final environment strategy for the airport, the application must be supported by a declaration by the airport‑lessee company for the airport.

(3) The declaration must state whether the proposed building activity is consistent with the final master plan, the approved major development plan, or the final environment strategy, as the case may be.

Note Major airport development is defined in section 89 of the Act. See also the Airports Regulations 1997.

2.06 Information about performance of building activity

An application for a building approval must include:

(a) an estimate of the cost of the proposed building activity; and

(b) an estimate of the time necessary to complete the proposed building activity; and

(i) protect persons, using the airport while the proposed building activity is going on, from injury arising from the building activity; and

(ii) protect property at the airport from damage arising from the building activity; and

(d) a statement setting out the proposed arrangements for clean‑up and rehabilitation of the site of the proposed building activity.

2.07 Additional information for application for a building permit

(1) If an application is for a building permit, the following documents must be included:

(a) 2 copies of the building plan;

(b) 2 copies of the specification for the proposed building activity;

(c) all certificates required, under any applicable law, approving arrangements for health and comfort of persons (including heating, insulation, cooling, sanitation, disposal of refuse, sewerage, drainage, lighting and ventilation), fire resistance, fire protection, or telecommunications services;

(d) any certificate given by an appropriate building expert, approving the structural elements of the building plan;

(e) if approval under the Airport (Protection of Airspace) Regulations is required — a statement that the applicant has received approval, or has applied for approval, as the case may be, under those Regulations, for the proposed construction.

(2) The building plan must:

(a) identify the class or classes, under the Building Code, of the building proposed to be built; and

(b) describe, in accordance with Part Cl of the Code, the proposed type of construction of the building; and

(d) include a section plan of the building at the level of each floor, at an appropriate and legible scale; and

(e) depict each elevation of the building, at an appropriate and legible scale; and

(f) depict designed provision of fire safety measures in the building; and

(g) give details of the construction materials proposed to be used for the building; and

(h) provide for periodic inspections under paragraph 2.17 (1) (h), by:

(i) if the proposed contractual arrangement for the construction of the proposed building is a ‘design and construct’ contract — setting out each ‘design and construct’ stage for the project; or

(ii) in any other case — specifying the progress stages that it is proposed will be the inspection stages.

(3) If the proposed building activity is the alteration or repair of an existing building, the building plan must be marked in such a way as to distinguish the proposed alteration or repair from the existing building.

(4) The specification for the proposed building must:

(a) describe in detail the type of construction and construction materials for the proposed building; and

(b) describe in detail the proposed methods of drainage, sewerage, water supply and gas supply (if any); and

(c) state whether it is intended to use in the building any second‑hand material that could adversely affect the structural integrity of the building or have any other adverse safety consequence.

2.08 Additional information for application for a works permit

If an application is for a works permit, the following documents and information must be included:

(a) 2 copies of the works plan;

(b) 2 copies of the specification for the proposed works;

(c) all certificates required, under any applicable law, approving arrangements for sewerage, drainage, lighting, ventilation, fire resistance and fire protection;

(d) any certificate given by an appropriate works expert, approving the structural elements of the works plan;

(e) details of the progress stages that it is proposed will be the inspection stages for paragraph 2.17 (1) (h);

(f) details of the construction materials proposed to be used for the works.

2.09 Additional information for application for a demolition authorisation

If an application is for a demolition authorisation the following documents and information must be included:

(a) 2 copies of the demolition plan;

(b) nomination of the provisions of the Australian building standards with which the work is proposed to comply;

(c) any certificate given by an expert in demolition procedures, approving the structural elements of the demolition plan;

(d) the progress stages that it is proposed will be the inspection stages for paragraph 2.17 (1) (h).

2.10 Amendment or withdrawal of application

(1) At any time before the airport building controller has made a decision on an application for a building approval, the applicant may vary the application by:

(a) giving the airport building controller written notice of the variation; and

(b) paying the fee specified in subregulation (3).

(2) However, subregulation (1) does not permit an applicant to vary an application in a way that would significantly alter the character, size or impact of the building activity, or the resulting development.

(3) The fee is the total of:

(a) $250; and

(b) if the estimated cost of the works, if constructed according to the application as varied, would be greater than that of the works if constructed according to the original application — the difference (if any) in the application fee payable for the original application and the application fee that would have been payable for the application as varied.

(4) At any time before the airport building controller has made a decision on an application for a building approval, the applicant may withdraw the application by:

(a) giving the airport building controller written notice of the withdrawal; and

(b) paying a fee of $250.

(5) If an application is withdrawn, the airport building controller must refund the fee originally paid for the application.

2.11 Decision on application — duty of airport building controller

(1) Subject to subregulations (1A) and (1B), an airport building controller must deal with an application for approval of a building activity by:

(a) approving the building activity; or

(b) approving the building activity subject to any condition the airport building controller determines to be appropriate; or

(c) undertaking to the applicant that the building activity will be approved if the applicant complies with a direction in the undertaking; or

(d) refusing to approve the building activity.

(1A) If the proposed building activity is, or comprises part of, a major airport development, the airport building controller must not make a decision on the application for its approval before the major development plan has been decided, or taken to be approved, by the Minister under section 94 of the Act.

(1B) If the Minister refuses to approve the draft major development plan, the airport building controller must not deal with the application for approval of the building activity.

(1C) If the proposed building activity is, or comprises part of, a major airport development, the airport building controller must advise the applicant, orally or in writing, of the effect of subregulations (1A) and (1B).

(2) Subject to subregulation (2A), if, to enable an application to be competently determined, further information is reasonably required by the airport building controller, the airport building controller may request, in writing:

(a) the applicant, to give the information; or

(b) if the airport‑lessee company for the airport has the information — that company, to give the information.

(2A) The airport building controller must not request further information under subregulation (2) in respect of a building activity that is, or comprises part of, a major airport development before the major development plan has been decided, or taken to be approved, by the Minister under section 94 of the Act.

(3) The airport building controller need not make a decision under subregulation (1) until the requested further information is received.

(4) If the airport building controller gives an undertaking and direction under paragraph (1) (c), and the applicant complies with the direction, the airport building controller must approve the building activity.

(5) When an airport building controller has decided an application, it must:

(a) give notice, in writing, of its decision to:

(i) the applicant; and

(ii) if the applicant is not the airport‑lessee company for the affected airport — the airport‑lessee company; and

(b) if the decision is an approval — specify in the notice the inspection stages (if any) at which the building activity is to be inspected by an appropriate expert or a regulatory authority under paragraph 2.17 (1) (h); and

(6) If a building activity is not, or does not comprise part of, a major airport development, 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 in accordance with subregulation (2) — receiving the application for approval of the building activity; or

(b) if further information is requested in accordance with subregulation (2) — receiving the further information.

(7) If a building activity is, or comprises part of, a major airport development, 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 was approved under section 94 of the Act; or

(b) if further information is requested under subregulation (2) — receiving the further information.

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 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 plan and specification attached to the application, will be fit for use; 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

(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 report prepared by an appropriate works expert.

(4) In considering an application for a works permit, an airport building controller must 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.

2.15 Criteria for demolition authorisation

(1) If an application is for a demolition authorisation, an airport building controller must not approve the proposed building activity unless the airport building controller is satisfied that:

(a) the demolition will be carried out in accordance with applicable Australian building standards; and

(b) the demolition, if completed in accordance with the plan attached to the application, will cause no greater disruption to other activities at the airport than is the least disruption reasonably practicable.

(2) 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 report prepared by an appropriate expert in demolition procedures.

(3) In considering an application for a demolition authorisation, an airport building controller must have regard to:

(a) public safety during the carrying out of the demolition; and

(b) amenity of buildings and services at the airport during conduct of the demolition; and

2.16 Amendment of approval

(1) At any time, the person carrying out a building activity under a building approval may apply to the airport building controller for the airport to vary the building approval, by:

(a) giving the airport building controller written notice setting out the variation sought; and

(b) paying the fee specified in subregulation (2A).

(2) However, subregulation (1) does not permit an applicant to vary an approval in a way that would significantly alter the character, size or impact of the building activity, or the resulting development.

(2A) The fee is the total of:

(a) $250; and

(b) if the estimated cost of the works, if constructed according to the approval as varied, would be greater than that of the works if constructed according to the original approval — the difference (if any) in the application fee payable for the application for the original approval and the application fee that would have been payable for the application for the approval as varied.

(3) The airport building controller must deal with the application by:

(a) granting a varied building appproval; or

(b) granting a varied building appproval subject to any condition the airport building controller determines to be appropriate; or

(c) undertaking to the applicant that a varied building approval will be granted if the applicant complies with a direction in the undertaking; or

(d) refusing to grant a varied building appproval.

(4) When an airport building controller has decided an application, it must:

(a) give notice, in writing, of its decision to:

(i) the applicant; and

(ii) if the applicant is not the airport‑lessee company for the affected airport — the airport‑lessee company; and

(b) if the decision alters the inspection stages at which the building activity is to be inspected under paragraph 2.17 (1) (h) specify in the notice the altered inspection stages; and

(5) The airport building controller is taken to have refused to grant a varied building approval if it has not given the applicant notice of its decision before the end of 21 days after receiving the application.

2.17 Duties attaching to building approval

(1) Unless the airport building controller determines otherwise, in writing, a building approval imposes the following duties on the person carrying out the building activity:

(a) for a building permit — the materials used in the building and the methods of use of those materials must comply with the Australian building standards for materials of that type when used in a building of that type;

(b) for a works permit — the materials used in the works and the methods of use of those materials must comply with the Australian building standards for materials of that type when used in works of that type;

(d) the building activity must be carried out in accordance with the plan, specifications and conditions, if any, in respect of which the building approval was granted;

(e) the building activity must be carried out by appropriately qualified and licensed persons;

(f) the building activity must be supervised by appropriately qualified and licensed persons;

(g) all necessary safety precautions must be taken in carrying out the building activity;

(h) at least 7 days before the expected date on which the building activity will reach an inspection stage:

(i) the airport building controller must be notified of that expectation; and

(ii) further work on that part of the building activity must not occur until a regulatory authority, or other appropriate expert has inspected the building activity and:

(A) found it to be in accordance with the approval; and

(B) if the inspection is not by a regulatory authority — provided a certificate to that effect to the airport building controller;

(j) the airport building controller must be given access to inspect the building activity at any reasonable time after notice is given to the person carrying out the building activity:

(i) in writing; and

(ii) a reasonable period in advance of the inspection;

(k) if the airport building controller so requires, work must be opened up in order to verify that it has been properly performed;

(l) any work or materials considered defective by the airport building controller must be rectified, or if that is not possible, removed;

(m) the airport building controller must be provided with the results of any tests that it directs, in writing, be carried out;

(n) before the end of 6 months after practical completion of the building activity, the airport building controller must be given detailed drawings of the resulting construction, in the form actually constructed;

(o) as soon as the building activity is complete, the site of the building activity must be cleaned up and rehabilitated.

(2) For paragraph (h), an inspection stage is a particular stage reached in the building activity, that the notice of approval under subregulation 2.11 (5) specifies as an inspection stage.

2.18 Additional powers of airport building controller

(1) An airport building controller may impose, at any time, an additional condition on a building approval if, in the course of the building activity, it appears to the airport building controller that, in the interests of the protection of persons from injury, or property from damage, compliance with the additional condition is appropriate.

(2) If the airport building controller considers that an action carried out in the performance of a building activity is a significant contravention of a provision of the Act, or these Regulations, the airport building controller may issue a written stop work order.

2.19 Duration of approval

(1) A building approval has effect from the time it is granted:

(a) until the end of 3 years after the grant; or

(b) if it specifies a period shorter than 3 years — until the end of the specified period; or

(d) if, under regulation 2.20, it is revoked before it would otherwise cease to be in force — until the time it is revoked.

(2) On application by the person carrying out the building activity, an airport building controller may extend the period for which the approval has effect for an additional period of 1 year.

(3) The application is ineffective unless made before the approval ceases to be in force, but may be granted after the approval has ceased to be in force.

(4) Application may be made, and granted, whether or not the period during which an approval has effect has already been extended, but an approval may be extended no more than twice.

(5) A building approval 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 proposed building, structure or works or the land on which it is to be constructed.

(6) Building activity that is commenced to be carried out on an airport site only after an approval for the building activity has ceased to be in force is a contravention of subsection 99 (1) or (3) of the Act, as the case may be.

2.20 Revocation of approval

An airport building controller may revoke a building approval if:

(a) the building activity:

(i) 2 years after the approval is given — has not begun, and, in the opinion of the airport building controller, is not likely to begin before the approval expires; or

(ii) has ceased, and, in the opinion of the airport building controller, is not likely to be resumed; or

(iii) can no longer be carried out in accordance with the approval; or

(iv) is not being carried out in accordance with a plan, specification or standard on the basis of which the approval was given; or

(v) is not being carried out in accordance with applicable Australian building standards; or

(vi) is not being carried out in accordance with a condition of the approval; or

(b) the person holding the approval so requests; or

(c) the airport building controller finds that the application, or a document or statement supplied in support of the application, was false, or misleading, in a significant way; or

(d) the person carrying out the building activity fails to comply with a duty under regulation 2.17; or

(e) in contravention of a stop work order under subregulation 2.18 (2) — the building activity has not ceased, or has recommenced without the written consent of the airport building controller.

2.21 Register of applications

(1) An airport building controller must keep a register of applications made to it for approval of building activity, showing:

(a) the result of each application; and

(b) for an approved application — any conditions attaching to the approval.

(2) If the appointment of an airport building controller for an airport site ceases, the airport building controller must pass the register:

(a) to the Secretary; or

(b) if, before the cessation, the Secretary has given the airport building controller notice of the name and address of the proposed succeeding airport building controller for the site — to the proposed succeeding airport building controller.

(3) The Secretary, or an authorised person, after giving reasonable notice to the airport building controller, may inspect the register at the office of the airport building controller, and may copy any part of the register, during normal office hours.

2.22 Oversight of approval process

(1) To enable monitoring of an airport building controller's approvals of building activities, the Secretary, or an authorised person, may require, by notice in writing, an airport building controller to give the Secretary, or authorised person, any of the following documents or things:

(a) a copy of an application made to the airport building controller for approval of a building activity;

(b) a copy of a document, or a thing, given by an applicant to the airport building controller in support of an application;

(d) a copy of a document, or a thing, made, in connection with an application, by a person other than the airport building controller and in the possession of the airport building controller.

(2) The documents and things to which paragraph (1) (d), applies include documents and things made by a regulatory authority.

(3) The airport building controller must comply with the notice before the end of 28 days after it is given.

(4) If the Secretary is not the airport building controller for the building activity, the Secretary, or an authorised person must be given access to inspect the building activity at any reasonable time, after 2 days written notice given to:

(a) the airport building controller for the airport at which the building activity is being carried out; and

(b) the person carrying out the building activity;

(5) A person authorised for subregulation (1) or (4) must be:

(a) an officer of the Department; or

(b) an appropriate expert.

2.23 Inspections — airport building controller to be timely

If, under these Regulations, work on a building activity is stopped until an airport building controller has made an inspection, the airport building controller must make the inspection as soon as is reasonably practicable.

2.24 Exemption from Subdivision C of Division 5 of Part 5 of the Act

(1) For subsections 99 (1) and (3) of the Act, the following building activities are exempt from Subdivision C of Division 5 of Part 5 of the Act:

(a) erection, or installation, of a manufactured home or moveable dwelling, or a similar construction;

(b) erection of a building that is a class 10a building under the Building Code, having a floorspace of 10 square metres or less;

(i) a fence more than 2 metres high; or

(ii) a fence that includes barbed wire or razor wire; or

(iii) a mast, pole, antenna or similar structure that:

(A) if erected on a building — is more than 3 metres higher than its highest point of attachment to the building; or

(B) otherwise — is more than 8 metres high; or

(iv) a wall (including a retaining wall) more than 1 metre in height; or

(v) a sign unless:

(A) at its highest point, it is less than 8 metres above ground level; and

(B) it is a sign erected by the airport‑lessee company for the regulation of traffic, or for a similarly advisory purpose;

(d) repair, or alteration, of an existing building, if the repair or alteration:

(i) does not adversely affect any aspect of the safety of the building; and

(ii) does not adversely affect the structural soundness of the building; and

(iii) does not involve underpinning of, or replacement of, the footings; and

(iv) is in the nature of:

(A) appropriate maintenance; or

(B) cosmetic changes, or fitout, to the interior or exterior of the building; or

(v) is essential, because of an emergency relating to the safety of persons;

(e) repair, or alteration, of an existing works, if the repair or alteration is minor and:

(i) does not adversely affect the structural soundness of the works; and

(ii) is appropriate maintenance

(f) minor works, being a works that the airport building controller determines, in writing, should be exempt from the subdivision because:

(i) the interference with the airport site is minor; and

(ii) no danger arises of injury to a person using the airport.

Note In certain circumstances this provision operates only in conjunction with subparagraphs 99 (1) (d) (ii) or (iii) and 99 (3) (d) (ii) and (iii) of the Act.

(2) The airport building controller for an airport site must be notified in writing of a building activity that, under this regulation, is exempt from Subdivision C of Division 5 of Part 5 of the Act.

(3) If building activity of the kind mentioned in subparagraph (1) (d) (v) is carried out, the person under whose direction the activity was carried out must, as soon as is practicable, give the airport building controller for the airport a certificate attesting to the structural safety of the building as repaired or altered.

(4) A person who carries out an exempt building activity, or on whose behalf an exempt building activity is carried out, must keep a record of all plans for the building activity, and of details of all work undertaken, until the end of 1 year after completion of the activity.

(5) The airport building controller for an airport site on which exempt building activity has been carried out may inspect a record referred to in subregulation (3):

(a) at any reasonable time on a day when the office of the person keeping the record is normally open for business; and

(b) after giving the person written notice at least 24 hours before making the inspection.

2.25 Transitional — existing building entitlement

(1) A building activity on an airport site, that, before an airport lease for the airport is granted by the Commonwealth, is the subject of a written permission, or approval, however described, granted by the FAC, has, for section 99 of the Act, approval:

(a) until the end of 3 years 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 aiport 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.

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 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

(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

(d) complies with the requirements mentioned in regulation 3.05 or 3.06, as the case requires.

(4) An airport building controller may rely on a relevant certificate issued, or report prepared, by a building expert, or a regulatory authority, for the purpose of satisfying the airport building controller in respect of a matter mentioned in subregulation (3).

(5) If, under the Building Code, different parts of a building are differently classified, an airport building controller may issue:

(a) one certificate of compliance for the building; or

(b) different certificates of compliance for the different parts of the building.

(6) If the airport building controller is satisfied, under subregulation (2), in respect of part only of the building or works, the airport building controller may issue a certificate of compliance for that part.

(7) When an airport building controller has decided an application, the airport building controller must:

(a) give the applicant notice, in writing, of the decision; and

(b) if the decision is not an unconditional certificate — include a statement of the reasons for the decision.

(8) The airport building controller is taken to have refused to issue a certificate of compliance if it has not given the applicant notice of its decision before the end of 14 days after receiving the application.

3.05 Additional criteria for certificate for occupancy

For paragraph 3.04 (3) (d), the building, as completed must:

(a) be consistent with the approval given under regulation 2.11 for the building activity resulting in the building; and

(b) make adequate provision, in its proposed use, for the protection of occupants against fire; and

(c) make adequate provision, in its proposed use, for insulation, sanitation, disposal of refuse, sewerage, drainage, heating, cooling, lighting and ventilation; and

(d) make adequate provision, in its proposed use, for services, installations and ancillary equipment likely to be required by users.

3.06 Additional criteria for certificate for use

For paragraph 3.04 (3) (d), the works, as completed must be consistent with the approval given under regulation 2.11 for the building activity resulting in the works.

3.07 Duties attaching to certificate of compliance

(1) A certificate for occupancy of a building imposes the following duties on the holder of the certificate:

(a) the building must not be used for a purpose that is inconsistent with the classification of the building under the Building Code;

(b) the building must be maintained in a condition that is consistent with its classification.

(2) A certificate for use of works imposes the following duties on the holder of the certificate:

(a) the works must not be used for a purpose that is inconsistent with the standards to which it was constructed; and

(b) the works must be maintained in a condition that is consistent with its use.

3.08 Content of certificate of compliance

(1) A certificate for occupancy of a building must:

(a) identify the building; and

(b) set out the classification of the building under the Building Code; and

(d) state that the airport building controller is satisfied in respect of the matters mentioned to in subregulation 3.04 (3); and

(e) if the airport building controller is satisfied that the building, as completed, complies with Australian building standards — state that fact; and

(f) if the airport building controller is not satisfied that the building, as completed, complies with those standards — state that the airport building controller has approved the non‑compliance.

(2) A certificate for use of works must:

(a) identify the land on which the works were carried out; and

(b) set out any conditions that the certificate is subject to; and

(c) state that the airport building controller is satisfied in respect of the matters mentioned in subregulation 3.04 (3); and

(d) set out the standards to which the works were required to be completed and:

(i) if the airport building controller is satisfied that the works, as completed, comply with those standards — state that fact; and

(ii) if the airport building controller is not satisfied that the works, as completed, comply with those standards — state that the airport building controller has approved the non‑compliance.

3.09 Amalgamation of related certificates of compliance

If an airport building controller has issued separate certificates of compliance for parts of a building, or works, during its construction, the airport building controller may issue:

(a) one certificate of compliance for the building, or works, as completed; or

(b) one certificate of compliance for all the parts of the building, or works, as completed, that have the same classification under the building standards or standards to which the works were required to be completed; or

3.10 Variation of certificate of compliance

(1) The airport 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 compliance

(1) The airport building controller for an airport may revoke a certificate of compliance for a building, or works, on the airport, if:

(a) the building or works ceases to be suitable for the purpose mentioned in the certificate; or

(b) the airport building controller is satisfied that the application, or a document or statement supplied in support of the application, for the certificate, was false or misleading in a significant way; or

(2) A certificate of compliance under these Regulations for a building, or works, is taken to be revoked if another certificate of compliance is issued under these Regulations for, as the case may be:

(a) the building, or a building that includes that building; or

(b) the works.

3.13 Transfer or termination of airport lease — effect on certificate of compliance

Transfer or termination of an airport lease has no effect on a certificate of compliance under these Regulations.

3.14 Issue of certified copy of certificate of compliance

(1) If the airport building controller for an airport site is satisfied that:

(a) a certificate of compliance for a building, or works, has been issued, and then lost or destroyed; and

(b) the content of the certificate is reliably ascertainable;

the airport building controller may issue a copy of the certificate to:

(d) a person who is the successor, for the time being, in title to the interest in the building, or works, of the holder of the original certificate; or

(e) a person authorised, in writing, by the person mentioned in paragraph (c) or (d), as appropriate, to hold the certificate, or a copy.

(2) The airport building controller must endorse on the copy a statement that the copy is a true copy of the original certificate.

3.15 Function of certificate of compliance

A certificate of compliance is evidence that the building, or works, to which it applies may be occupied, or used, but is not evidence that the airport building controller has authorised the building to be used for a particular purpose.

3.16 Exemption from Subdivision D of Division 5 of Part 5 of the Act

(1) For subsections 106 (1) and (4) of the Act, a building or an eligible alteration of a building, on an airport site, is exempt from Subdivision D of Division 5 of Part 5 of the Act if:

(a) the building, or alteration, was completed before the airport site on which it is located was first leased, and the building:

(i) continues to have the use it had immediately before the airport site on which it is located was first leased; and

(ii) has been maintained in a condition consistent with the structural needs of that use; or

(b) the building, or alteration, is the result of a building activity to which subregulation 2.24 (1) applied.

(2) For subsections 106 (1) and (4) of the Act, a works, or an eligible alteration of works, on an airport site, is exempt from Subdivision D of Division 5 of Part 5 of the Act if:

(a) the works, or alteration, was completed before the airport site on which it is located was first leased; and

(b) the works continues to have the use it had immediately before the airport site on which it is located was first leased; and

(3) For this regulation, an eligible alteration is an alteration that constitutes only repair to, or reconstruction of, an existing building, or works, and that does not affect the safety or structural soundness of the building, or works, and that:

(a) is appropriate maintenance; or

(b) does not involve underpinning of, or replacement of, the footings; or

(4) In subregulation (1), first leased means:

(a) first leased under the Airports (Transitional) Act 1996; or

(b) if an airport lease for the airport site is not granted under that Act — first leased under the Act.

Part 4 Airport building controller

4.01 Appointment of airport building controller

(1) The Secretary may appoint, as airport building controller for an airport site:

(a) an authority of the Commonwealth, or of the State in which the airport site is located; or

(b) a local government body; or

(i) authorised under the law of the State in which the airport site is located, to approve building activity and certify the fitness of buildings in the State; and

(ii) that does not hold a stake (within the meaning given by clause 11 of the Schedule to the Act) of more than 5% in the airport‑lessee company for the airport; and

(iii) in the case of a body or a corporation — in which the airport‑lessee company does not hold a stake (within the meaning given by clause 11 of the Schedule to the Act) of more than 5%.

(2) At least 14 days before appointing an airport building controller for an airport site, the Secretary must give written notice of the proposed appointment to the airport‑lessee company for the airport, and invite the airport‑lessee company to make any submission it thinks appropriate in relation to the proposal.

(3) In determining whether to make a particular appointment, the Secretary must have regard to a submission by the airport‑lessee company if the submission is received before the day specified in the notice as the day on which it is proposed to make the appointment.

4.02 Immunity from certain liability

(1) An airport building controller has no liability for anything done, or omitted to be done, in good faith, in reasonable reliance on a certificate given by a building or works expert.

(2) An airport building controller has no liability for anything necessarily or reasonably done, or omitted to be done, in good faith:

(a) in exercising a power or function under these Regulations; or

(b) in the reasonable belief that the act or omission was done in the exercise of a power or function under these Regulations.

4.03 Confidential information in hands of airport building controller

Information given to, or obtained by, an airport building controller in the performance of a power or function under these Regulations must not be disclosed to any person who does not have a lawful, and proper, need to see the information.

Part 5 General penalty provisions

Division 1 Continuing offences

5.01 Continuing offences

For section 4K of the Crimes Act 1914, a requirement in a provision of Part 5 of the Act to do, or not do, an act or thing is a requirement that arises every day and is to be complied with on that day.

Division 2 Infringement notices

5.02 Purpose of this Division

The purpose of this Division is to provide a procedure under which a person who is alleged to have committed an offence against Part 5 of the Act may, as an alternative to having the matter dealt with by a court, dispose of the matter by payment of a monetary penalty (an infringement notice penalty) specified in a notice (an infringement notice) served on the person.

5.03 Infringement notices

(1) If there are reasonable grounds for believing that a person has committed an offence against Part 5 of the Act, an airport building controller may serve an infringement notice, or cause an infringement notice to be served, on the person.

(2) The notice must set out the following information:

(a) the name and address of the person served;

(b) the provision of the Act that it is alleged has been contravened;

(i) the day, and (if appropriate) the time, on which it is alleged to have been committed; and

(ii) the place at which it is alleged to have been committed;

(d) the maximum penalty that may be imposed by a court for the offence;

(e) the amount payable as the infringement notice penalty;

(f) a statement that, if the person prefers that the matter not be dealt with by a court, he or she may signify that preference by paying the infringement notice penalty:

(i) before the end of 28 days after the day the notice is served; or

(ii) if a further period is allowed by an airport building controller under regulation 5.04 — before the end of that further period; or

(iii) if payment by instalments is permitted under regulation 5.05 — in accordance with the permission;

(g) how, and where, the infringement notice penalty may be paid;

(h) a statement that if, before the end of 28 days after service of the notice, the person notifies the Secretary, in the manner set out in the infringement notice, of any facts or matters that the person believes ought to be taken into account in relation to the alleged offence, time for payment of the penalty will be extended to the extent necessary to enable a decision to be made in relation to those facts or matters;

(i) a statement that, if the infringement notice penalty is paid in time:

(i) the person’s liability in respect of the offence is discharged; and

(ii) further proceedings cannot be taken against the person for the offence; and

(iii) the person is not taken to have been convicted of the offence;

(j) a statement to the effect that, if none of the things mentioned in paragraph (f) or (h) is done within the time specified, the person may be prosecuted in relation to the alleged offence;

(k) the name of the airport building controller by whom the notice is served.

(3) An infringement notice may contain any other information that the airport building controller considers necessary.

(4) The notice must be served on the person not more than 12 months after the alleged commission of the offence.

Note The infringement notice penalty in respect of an offence is set at one‑fifth of the maximum fine that a court could impose for the offence — see Act, s. 111 (2).

5.04 Extension of time to pay

(1) On written application by a person on whom an infringement notice has been served, the Secretary or an airport building controller may permit, if satisfied that in all the circumstances it is proper to do so, a further period for payment of the infringement notice penalty, whether or not the period of 28 days after the date of service of the notice has ended.

(2) If application is made after the end of the 28 day period, the application must include an explanation setting out why the alleged offender could not deal with the notice within that period.

(3) The Secretary or airport building controller must:

(a) grant or refuse a further period; and

(b) give the applicant written notice of the decision; and

(4) The person must pay the penalty:

(a) if a further period is granted — before the end of that period; or

(b) if the decision is a refusal — before the later of:

(i) the end of a period 7 days after receiving notice of the refusal; or

(ii) the end of the period of 28 days after the date of service of the notice.

5.05 Payment by instalments

(1) If the Secretary, or an airport building controller, is satisfied that in all the circumstances it is proper to do so, he or she may make an arrangement with a person on whom an infringement notice has been served (whether or not the period of 28 days after the date of service of the notice has ended) for the payment of the amount of the infringement notice penalty by instalments.

(2) The Secretary or airport building controller must:

(a) grant or refuse to make an arrangement; and

(b) give the applicant written notice of the decision; and

(3) The person must pay the penalty:

(a) if an arrangement is made — in accordance with the arrangement; or

(b) if the decision is a refusal — before the end of the later of:

(i) the 28 day period; and

(ii) the period of 7 days following receipt of notice of the refusal.

5.06 If infringement notice disputed

(1) Whether or not a notice is received under subregulation (2), the Secretary, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.

(2) If, before the end of 28 days after receiving an infringement notice, a person gives the Secretary notice under paragraph 5.03 (2) (h), the Secretary must decide whether to withdraw the infringement notice.

(3) The Secretary must:

(a) withdraw, or refuse to withdraw, the notice; and

(b) give the applicant written notice of the decision; and

(4) If the Secretary decides to refuse to withdraw an infringement notice, notice of that decision must state:

(a) that if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the person, the person will not be prosecuted for the alleged offence; and

(b) that if that amount is not so paid, the person may be prosecuted for the alleged offence.

(5) In making a decision, the Secretary must consider:

(a) the facts or matters set out in the notice (if any) given under paragraph 5.03 (2) (h); and

(b) the circumstances in which the offence mentioned in the notice is alleged to have been committed; and

(d) whether an infringement notice has previously been given to the person for an offence of the same kind as the offence mentioned in the notice; and

(e) any other matter the Secretary considers relevant to the decision.

5.07 Payment of penalty if infringement notice not withdrawn

If the Secretary refuses to withdraw an infringement notice, the applicant for withdrawal must pay the infringement notice penalty before the end of 28 days after receiving notice of the refusal.

5.08 Effect of payment of infringement notice penalty

(1) If a person served with an infringement notice pays the infringement notice penalty in accordance with this Division:

(a) the person’s liability in respect of the offence is discharged; and

(b) further proceedings cannot be taken against the person for the offence; and

(2) Subregulation (1) applies to a person who makes an arrangement to pay the infringement notice penalty by instalments, only if the person makes payments in accordance with the arrangement.

5.09 Admissions under paragraph 5.03 (2) (h)

Evidence of an admission made by a person in a notice under paragraph 5.03 (2) (h) is inadmissible in proceedings against the person for the alleged offence.

5.10 Matter not to be taken into account in determining sentence

(1) This regulation applies if a person served with an infringement notice:

(a) elects not to pay the infringement notice penalty; and

(b) is prosecuted for, and convicted of, the alleged offence mentioned in the infringement notice.

(2) In determining the penalty to be imposed, the court must not take into account the fact that the person chose not to pay the infringement notice penalty.

5.11 Refund of infringement notice penalty if notice withdrawn

If an infringement notice penalty is paid in accordance with an infringement notice that is subsequently withdrawn, an airport building controller must arrange to refund an amount equal to the amount so paid to the person who paid the penalty.

5.12 Evidence for hearing

(1) At the hearing of a prosecution for an alleged offence specified in an infringement notice, a certificate signed by an airport building controller and stating:

(a) that the infringement notice was served on the alleged offender; and

(b) that the infringement notice penalty has not been paid in accordance with this Division;

is evidence of those facts.

(2) At the hearing of a prosecution for an alleged offence specified in an infringement notice, a certificate signed by an airport building controller and stating that the notice was withdrawn on a day specified in the certificate is evidence of that fact.

(3) A certificate that purports to have been signed by an airport building controller is taken to have been signed by that officer unless the contrary is proved.

5.13 Payment of penalty by cheque

If a cheque is given to the Commonwealth in payment of all or part of the amount of an infringement notice penalty, the payment is taken not to have been made unless the cheque is honoured on presentation.

5.14 Infringement notice not compulsory, etc

Nothing in this Division is to be taken to:

(a) require that a person suspected of having contravened a provision of Part 5 of the Act be served an infringement notice; or

(b) affect the liability of a person to be prosecuted for an alleged offence, if:

(i) an infringement notice is not served on the person for the offence; or

(ii) an infringement notice is served, and withdrawn; or

Part 6 Miscellaneous

6.01 Review by Administrative Appeals Tribunal

Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal by a person described in an item in the following table for review of a decision mentioned in the item:

Item	Decision	Person
Part 1 Decision by airport building controller
1	Subregulations 2.11 (1) and (6) — refusal, or failure, to approve a building activity	the applicant for the approval
2	Subregulation 2.11 (1) — imposition of a condition on a building approval	the applicant for the approval
3	Subregulation 2.11 (1) — giving of a direction in relation to a building approval	the applicant for the approval
4	Paragraph 2.13 (2) (b) — refusal to approve non‑compliance with Australian building standards	the applicant for the approval
5	Regulation 2.16 — refusal to grant a varied building approval	the applicant for the approval
6	Subregulation 2.18 (1) — imposition of a condition on a building approval	the person carrying out the building activity
7	Subregulation 2.18 (2) — issuing of a stop work order on a building approval	the person carrying out the building activity
8	Subregulation 2.19 (2) — refusal to extend duration of a building approval	the person carrying out the building activity
9	Regulation 2.20 — revocation of a building approval (except at the request of the holder)	the person carrying out the building activity
10	Paragraph 3.02 (2) (a) — estimate of time that will be taken to investigate a building or structure for the issue of a certificate of compliance	the person that applied for the certificate
11	Subregulation 3.04 (2) — refusal to issue a certificate of compliance for a building or works	the holder of the building approval that authorised the building activity that resulted in the building or works
12	Subregulation 3.04 (2) — imposition of a condition on a certificate of compliance	the holder of the building approval that authorised the building activity that resulted in the building or works
13	Subregulation 3.10 (l) — variation of a certificate of compliance	the holder of the certificate of compliance
14	Paragraph 3.10 (1A) (a) — estimate of time that will be taken to investigate a building or structure for the variation of a certificate of compliance	the person that applied for the variation
15	Subregulation 3.10 (1) — refusal to vary a certificate of fitness	the holder of the certificate of fitness
16	Subregulation 3.12 (1) — revocation of a certificate of compliance	the holder of the certificate of compliance
17	Subregulation 3.14 (1) — refusal to issue certified copy of a certificate of compliance	the person who applied for the certified copy
18	Subregulation 5.04 (1) — refusal to grant a period of time for payment of an infringement notice penalty	the person served with the infringement notice
19	Subregulation 5.05 (2) — refusal to make an arrangement for periodical payment of an infringement notice penalty	the person served with the infringement notice
20	Subregulation 5.06 (3) — refusal to withdraw an infringement notice	the person served with the infringement notice
Part 2 Decision by airport‑lessee company
21	Subregulations 2.03 (4) and (6) — refusal, or failure, to grant consent to application	the applicant for the approval
22	Subregulation 2.03 (4) — imposition of a condition on a grant of consent	the applicant for the approval

Schedule 1 Fees payable for building applications

(regulation 2.02)

Part 1 Adelaide and Parafield Airports

Item	Total estimated cost of proposed building or works ($)	Application fee ($)
1	Up to 25 000	250
2	25 001 to 50 000	250
3	50 001 to 100 000	250
4	100 001 to 200 000	400
5	200 001 to 300 000	600
6	300 001 to 400 000	800
7	400 001 to 500 000	1 000
8	500 001 to 1 000 000	2 000
9	1 000 001 to 2 000 000	4 000
10	2 000 001 to 3 000 000	6 000
11	3 000 001 to 4 000 000	8 000
12	4 000 001 to 5 000 000	10 000
13	5 000 001 to 10 000 000	20 000
14	10 000 001 to 20 000 000	40 000
15	20 000 001 to 30 000 000	60 000
16	30 000 001 to 40 000 000	70 000
17	40 000 001 to 50 000 000	70 000
18	50 000 001 or more	70 000

Part 2 Alice Springs Airport

Item	Total estimated cost of proposed building or works ($)	Application fee ($)
1	Up to 25 000	250
2	25 001 to 50 000	400
3	50 001 to 100 000	600
4	100 001 to 200 000	900
5	200 001 to 300 000	1 200
6	300 001 to 400 000	1 500
7	400 001 to 500 000	1 800
8	500 001 to 1 000 000	2 800
9	1 000 001 to 2 000 000	4 000
10	2 000 001 to 3 000 000	5 000
11	3 000 001 to 4 000 000	6 000
12	4 000 001 to 5 000 000	7 000
13	5 000 001 to 10 000 000	10 000
14	10 000 001 to 20 000 000	20 000
15	20 000 001 to 30 000 000	30 000
16	30 000 001 to 40 000 000	40 000
17	40 000 001 to 50 000 000	50 000
18	50 000 001 or more	70 000

Part 3 Brisbane, Archerfield and Gold Coast Airports

Item	Total estimated cost of proposed building or works ($)	Application fee ($)
1	Up to 25 000	400
2	25 001 to 50 000	600
3	50 001 to 100 000	800
4	100 001 to 200 000	1 200
5	200 001 to 300 000	1 500
6	300 001 to 400 000	1 800
7	400 001 to 500 000	2 100
8	500 001 to 1 000 000	2 800
9	1 000 001 to 2 000 000	4 000
10	2 000 001 to 3 000 000	5 000
11	3 000 001 to 4 000 000	6 000
12	4 000 001 to 5 000 000	7 000
13	5 000 001 to 10 000 000	10 000
14	10 000 001 to 20 000 000	20 000
15	20 000 001 to 30 000 000	30 000
16	30 000 001 to 40 000 000	40 000
17	40 000 001 to 50 000 000	50 000
18	50 000 001 or more	70 000

Part 4 Canberra Airport

Item	Total estimated cost of proposed building or works ($)	Application fee ($)
1	Up to 25 000	150
2	25 001 to 50 000	200
3	50 001 to 100 000	300
4	100 001 to 200 000	425
5	200 001 to 300 000	550
6	300 001 to 400 000	675
7	400 001 to 500 000	800
8	500 001 to 1 000 000	1 300
9	1 000 001 to 2 000 000	2 050
10	2 000 001 to 3 000 000	2 800
11	3 000 001 to 4 000 000	3 550
12	4 000 001 to 5 000 000	4 300
13	5 000 001 to 10 000 000	8 050
14	10 000 001 to 20 000 000	13 100
15	20 000 001 to 30 000 000	18 100
16	30 000 001 to 40 000 000	23 100
17	40 000 001 to 50 000 000	28 100
18	50 000 001 or more	33 100

Part 5 Darwin Airport

Item	Total estimated cost of proposed building or works ($)	Application fee ($)
1	Up to 25 000	250
2	25 001 to 50 000	400
3	50 001 to 100 000	600
4	100 001 to 200 000	900
5	200 001 to 300 000	1 200
6	300 001 to 400 000	1 500
7	400 001 to 500 000	1 800
8	500 001 to 1 000 000	2 800
9	1 000 001 to 2 000 000	4 000
10	2 000 001 to 3 000 000	5 000
11	3 000 001 to 4 000 000	6 000
12	4 000 001 to 5 000 000	7 000
13	5 000 001 to 10 000 000	10 000
14	10 000 001 to 20 000 000	20 000
15	20 000 001 to 30 000 000	30 000
16	30 000 001 to 40 000 000	40 000
17	40 000 001 to 50 000 000	50 000
18	50 000 001 or more	70 000

Part 6 Hobart Airport

Item	Total estimated cost of proposed building or works ($)	Application fee ($)
1	Up to 25 000	560
2	25 001 to 50 000	625
3	50 001 to 100 000	750
4	100 001 to 200 000	1 300
5	200 001 to 300 000	1 600
6	300 001 to 400 000	1 900
7	400 001 to 500 000	2 200
8	500 001 to 1 000 000	4 000
9	1 000 001 to 2 000 000	6 000
10	2 000 001 to 3 000 000	8 000
11	3 000 001 to 4 000 000	10 000
12	4 000 001 to 5 000 000	12 000
13	5 000 001 to 10 000 000	22 000
14	10 000 001 to 20 000 000	42 000
15	20 000 001 to 30 000 000	62 000
16	30 000 001 to 40 000 000	82 000
17	40 000 001 to 50 000 000	102 000
18	50 000 001 or more	143 000

Part 7 Launceston Airport

Item	Total estimated cost of proposed building or works ($)	Application fee ($)
1	Up to 25 000	560
2	25 001 to 50 000	625
3	50 001 to 100 000	750
4	100 001 to 200 000	1 000
5	200 001 to 300 000	1 375
6	300 001 to 400 000	1 625
7	400 001 to 500 000	1 875
8	500 001 to 1 000 000	3 125
9	1 000 001 to 2 000 000	6 525
10	2 000 001 to 3 000 000	8 125
11	3 000 001 to 4 000 000	10 625
12	4 000 001 to 5 000 000	13 125
13	5 000 001 to 10 000 000	25 625
14	10 000 001 to 20 000 000	50 625
15	20 000 001 to 30 000 000	75 625
16	30 000 001 to 40 000 000	100 625
17	40 000 001 to 50 000 000	125 625
18	50 000 001 or more	176 000

Part 8 Melbourne (Tullamarine), Essendon and Moorabbin Airports

Item	Total estimated cost of proposed building or works ($)	Application fee ($)
1	Up to 25 000	400
2	25 001 to 50 000	600
3	50 001 to 100 000	800
4	100 001 to 200 000	1 200
5	200 001 to 300 000	1 500
6	300 001 to 400 000	1 800
7	400 001 to 500 000	2 100
8	500 001 to 1 000 000	2 800
9	1 000 001 to 2 000 000	4 000
10	2 000 001 to 3 000 000	5 000
11	3 000 001 to 4 000 000	6 000
12	4 000 001 to 5 000 000	7 000
13	5 000 001 to 10 000 000	10 000
14	10 000 001 to 20 000 000	20 000
15	20 000 001 to 30 000 000	30 000
16	30 000 001 to 40 000 000	40 000
17	40 000 001 to 50 000 000	50 000
18	50 000 001 or more	70 000

Part 9 Perth and Jandakot Airports

Item	Total estimated cost of proposed building or works ($)	Application fee ($)
1	Up to 25 000	250
2	25 001 to 50 000	400
3	50 001 to 100 000	600
4	100 001 to 200 000	900
5	200 001 to 300 000	1 200
6	300 001 to 400 000	1 500
7	400 001 to 500 000	1 800
8	500 001 to 1 000 000	2 800
9	1 000 001 to 2 000 000	4 000
10	2 000 001 to 3 000 000	5 000
11	3 000 001 to 4 000 000	6 000
12	4 000 001 to 5 000 000	7 000
13	5 000 001 to 10 000 000	10 000
14	10 000 001 to 20 000 000	20 000
15	20 000 001 to 30 000 000	30 000
16	30 000 001 to 40 000 000	40 000
17	40 000 001 to 50 000 000	50 000
18	50 000 001 or more	70 000

Part 10 Sydney (Kingsford Smith), Camden and Bankstown Airports

Item	Total estimated cost of proposed building or works ($)	Application fee ($)
1	Up to 25 000	400
2	25 001 to 50 000	600
3	50 001 to 100 000	800
4	100 001 to 200 000	1 200
5	200 001 to 300 000	1 500
6	300 001 to 400 000	1 800
7	400 001 to 500 000	2 100
8	500 001 to 1 000 000	2 800
9	1 000 001 to 2 000 000	4 000
10	2 000 001 to 3 000 000	5 000
11	3 000 001 to 4 000 000	6 000
12	4 000 001 to 5 000 000	7 000
13	5 000 001 to 10 000 000	10 000
14	10 000 001 to 20 000 000	20 000
15	20 000 001 to 30 000 000	30 000
16	30 000 001 to 40 000 000	40 000
17	40 000 001 to 50 000 000	50 000
18	50 000 001 or more	70 000

Part 11 Townsville Airport

Item	Total estimated cost of proposed building or works ($)	Application fee ($)
1	Up to 25 000	400
2	25 001 to 50 000	600
3	50 001 to 100 000	800
4	100 001 to 200 000	1 200
5	200 001 to 300 000	1 500
6	300 001 to 400 000	1 800
7	400 001 to 500 000	2 100
8	500 001 to 1 000 000	2 800
9	1 000 001 to 2 000 000	4 000
10	2 000 001 to 3 000 000	5 000
11	3 000 001 to 4 000 000	6 000
12	4 000 001 to 5 000 000	7 000
13	5 000 001 to 10 000 000	10 000
14	10 000 001 to 20 000 000	20 000
15	20 000 001 to 30 000 000	30 000
16	30 000 001 to 40 000 000	40 000
17	40 000 001 to 50 000 000	50 000
18	50 000 001 or more	70 000

Year and number	Date of notification in Gazette or FRLI Registration	Date of commencement	Application, saving or transitional provisions
1996 No. 292	12 Dec 1996	12 Dec 1996
1997 No. 114	21 May 1997	21 May 1997	—
1997 No. 200	24 July 1997	24 July 1997	—
1999 No. 52	1 Apr 1999	1 Apr 1999	—
2002 No. 190	1 Sept 2002	1 Sept 2002	—
2009 No. 43	17 Mar 2009 (see F2009L01022)	18 Mar 2009	—

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
R. 1.................	rs. 1999 No. 52
R. 1.04...............	am. 1997 No.114; 2009 No. 43
Part 2
R. 2.02...............	am. 1997 No. 200; 2002 No. 190
R. 2.05...............	am. 2009 No. 43
R. 2.10...............	rs. 1997 No. 200
	am. 2002 No. 190
R. 2.11...............	am. 2009 No. 43
R. 2.16...............	am. 1997 Nos. 114 and 200; 2002 No. 190
Part 3
Heading to Part 3.......	am. 1997 No. 114
R. 3.01...............	am. 1997 No. 114
Heading to r. 3.02.......	am. 1997 No. 114
R. 3.02...............	am. 1997 No. 200
R. 3.03...............	am. 1997 No. 114
R. 3.04...............	am. 1997 No. 114
R. 3.05...............	am. 1997 No. 114
Heading to r. 3.07.......	am. 1997 No. 114
Heading to r. 3.08.......	am. 1997 No. 114
Heading to r. 3.09.......	am. 1997 No. 114
R. 3.09...............	am. 1997 No. 114
R. 3.10...............	am. 1997 Nos. 114 and 200
Heading to r. 3.11.......	am. 1997 No. 114
R. 3.11...............	am. 1997 No. 114
Heading to r. 3.12.......	am. 1997 No. 114
R. 3.12...............	am. 1997 No. 114
Heading to r. 3.13.......	am. 1997 No. 114
R. 3.13...............	am. 1997 No. 114
Heading to r. 3.14.......	am. 1997 No. 114
R. 3.14...............	am. 1997 No. 114
R. 3.15...............	rs. 1997 No. 114
Part 5
Part 5................	ad. 1999 No. 52
Division 1
R. 5.01...............	rep. 1997 No. 200
	ad. 1999 No. 52
Division 2
R. 5.02...............	am. 1997 Nos. 114 and 200
	rs. 1999 No. 52
R. 5.03...............	ad. 1999 No. 52
R. 5.04...............	ad. 1999 No. 52
R. 5.05...............	ad. 1999 No. 52
R. 5.06...............	ad. 1999 No. 52
R. 5.07...............	ad. 1999 No. 52
R. 5.08...............	ad. 1999 No. 52
R. 5.09...............	ad. 1999 No. 52
R. 5.10...............	ad. 1999 No. 52
R. 5.11...............	ad. 1999 No. 52
R. 5.12...............	ad. 1999 No. 52
R. 5.13...............	ad. 1999 No. 52
R. 5.14...............	ad. 1999 No. 52
Part 6
Part 6................	ad. 1999 No. 52
R. 6.01...............	ad. 1999 No. 52
Schedule.............	rep. 1997 No. 200
Schedule 1
Schedule 1............	ad. 2002 No. 190; 2009 No. 43