54Application to vary certificate of compliance

54 Application to vary certificate of compliance

(1) A person (the applicant) may apply for a variation of 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 holder of the certificate; 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) The application must be made to the airport building controller for the airport site through the online lodgement facility. (3) If the airport building controller did not grant the building approval that authorised the building activities resulting in the building or works, before the controller begins to investigate whether the building or works comply 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.