45Buildings and works declared to be exempt

45 Buildings and works declared to be exempt

(1) For the purposes of paragraphs 106(1)(e) and (4)(e) of the Act, the kinds of buildings and works that are exempt from Subdivision D of Division 5 of Part 5 of the Act are the following: (a) a building on an airport site that: (i) was completed before the airport site was first leased; and (ii) continues to have the use it had immediately before that time; and (iii) has been maintained in a condition consistent with the structural needs of that use; (b) works on an airport site that: (i) were completed before the airport site was first leased; and (ii) continue to have the use they had immediately before that time; and (iii) have been maintained in a condition consistent with the structural needs of that use; (c) an eligible alteration of the structure of a building mentioned in paragraph (a), or of works mentioned in paragraph (b), that: (i) was completed before the airport site was first leased; and (ii) does not affect the safety or structural soundness of the building or works; and (iii) is appropriate maintenance; and (iv) does not involve underpinning or replacement of footings; and (v) if the alteration is of the structure of a building—is in the nature of cosmetic change or fit out to the interior or exterior of the building; (d) a building or works on an airport site, or the repair or alteration of a building or works on an airport site, that was completed by the carrying out of an exempt building activity. (2) For subparagraphs (1)(a)(i), (b)(i) and (c)(i), the first lease of an airport site is the first lease granted for the airport site under: (a) the Airports (Transitional) Act 1996; or (b) if an airport lease for the airport site was not granted under that Act—the Act.