34Application to vary building approval

34 Application to vary building approval

(1) A person (the applicant) may apply for a variation of a building approval that authorises the carrying out of a building activity on an airport site if the person is: (a) the airport‑lessee company for the airport site, or a person acting on behalf of the airport‑lessee company; or (b) the sub‑lessee, or a person acting 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; or (c) a person who has an interest in land at the airport, or a person acting on behalf of the person who has an interest in land at the airport. (2) The application must: (a) be made to the airport building controller for the airport site through the online lodgement facility; and (b) include notice of the variation sought; and (c) be made before a certificate of compliance relating to the approval is issued. (3) The applicant must pay a fee in respect of the application that 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. (4) The application is properly made if subsections (2) and (3) are complied with.