26Duration of building approval

26 Duration of building approval

(1) A building approval has effect from the time it is granted until the earliest of the following: (a) the end of the applicable period for the approval; (b) if the approval specifies a period shorter than the applicable period—the end of the specified period; (c) if the applicable period is extended under this section—the end of the extended period; (d) if the approval is revoked under section 37 before it would otherwise cease to be in force—the time it is revoked.

Note: It is an offence to carry out building activities on an airport site if the activity is not carried out in accordance with an approval granted under this instrument for the purposes of Division 5 of Part 5 of the Act—see subsections 99(1) and (3) of the Act.

(2) The applicable period for a building approval is the following period from the day on which the approval is granted: (a) in the case of a building activity that: (i) is on the airport site for Sydney West Airport; and (ii) is, or comprises part of, a development covered by Part 3 of an airport plan for the airport; and (iii) is to wholly or partly occur before the Sydney West Airport completion day; 5 years; or (b) in any other case—3 years. Extension of duration of building approval (3) On application by the person carrying out the building activity authorised by the building approval (or a person acting on behalf of that person), the airport building controller for the airport site may extend the period for which the approval has effect for an additional period of one year. (4) The application must be made before the approval ceases to be in force. (5) The airport building controller may extend the period: (a) after the approval has ceased to be in force; and (b) no more than twice. Other matters (6) The 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 the person’s interest in the proposed building, structure or works or the land on which it is to be constructed.