46Application for certificate of compliance

46 Application for certificate of compliance

(1) A person (the applicant) may apply for a certificate of compliance for a building or works on an airport site if the person is: (a) the airport‑lessee company for the airport site; 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 are located, entitles the person to carry out the building activity that has resulted in the building or works. (2) The application must be made to the airport building controller for the airport site through the online lodgement facility. (3) If the building or works are not the subject of a building approval given by the airport building controller then, before the controller begins to investigate whether the building or works are to be treated as complying with this instrument: (a) the 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 one hour) of the estimated time. (4) In making the estimate, the airport building controller must: (a) invite the applicant to comment on the investigation and, in particular, the time likely to be required to carry out the investigation; and (b) take into account any comments made by the applicant. (5) The application is properly made if: (a) subsection (2) is complied with; and (b) in the case that the applicant is required to pay a fee under subsection (3)—paragraph (3)(b) is complied with.