Airports (Building Control) Regulations (Amendment)

Overview

The Airports (Building Control) Regulations (Amendment) 1997 No. 200, enacted under the Airports Act 1996, were introduced to address the need for a structured fee system for building control services provided by the Airport Building Controller. The Act, passed by the Parliament of Australia, aimed to ensure that fees for approvals and certificates of compliance for building and engineering works on airport sites are set in a manner that reflects the complexity and effort involved in the regulatory process. The amendments establish a fee structure based on the estimated cost of the building or engineering works, which is deemed to be the most appropriate measure of the project's complexity. Additionally, the amendments provide a right of appeal to the Administrative Appeals Tribunal for decisions on the estimated time required for investigations for the issuance of certificates of compliance. These amendments ensure that the fee structure is fair and aligns with industry standards, while also providing recourse for applicants who may disagree with the Airport Building Controller’s assessments.

Scope and Application

The Airports (Building Control) Regulations (Amendment) 1997 No. 200 apply to entities and individuals involved in building activities on airport sites, including applicants seeking approvals or certificates of compliance from the Airport Building Controller. This regulation is a subordinate instrument under the Airports Act 1996 and therefore operates within the jurisdictional scope of the Commonwealth of Australia. The amendments introduced by this instrument pertain specifically to the fees charged by the Airport Building Controller for building control services, including the approval of building and engineering works, variations, amendments, and the issue of certificates of compliance. These fees are structured based on an estimate of the cost of the proposed works, with a flat fee for demolition works and variable fees for other building activities. Additionally, the amendments establish a right of appeal to the Administrative Appeals Tribunal for decisions regarding the estimated time required to investigate a building or structure for the issuance of a certificate of compliance. The amendments commenced upon notification in the Gazette and do not include any specific exclusions or thresholds beyond those already established in the principal Act and existing regulations.

Key Provisions

The key operative sections of the Airports (Building Control) Regulations (Amendment) 1997 No. 200 pertain to the establishment of fee structures for building control services related to airport sites. Section 252 of the Airports Act 1996 allows the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act, including the prescribing of fees for building activities on airport sites. The amendments to the Regulations set the fees the Airport Building Controller can charge for approvals and variations of building works, demolition works, and the issuance of certificates of compliance. Specifically, the fees for approvals and variations of building and engineering works are determined based on the estimated cost of the works, with a flat fee of $400 for demolition works and a variable fee for other works. Additionally, a fee is applicable for the issuance of a certificate of compliance when prior approval under the regulations is not applicable. The Regulations impose several obligations and requirements on the parties involved. The Airport Building Controller, who is appointed under the Regulations, must charge fees in accordance with the prescribed fee structure. This structure is designed to reflect the complexity and associated time and effort required to assess building applications for compliance with statutory requirements. The Airport Building Controller is also required to provide a right of appeal to the Administrative Appeals Tribunal for decisions on the estimated amount of time needed to investigate a building or structure for the issuance of a certificate of compliance. Furthermore, the amendments ensure that the correct term "certificate of compliance" is used consistently in the relevant regulation table. Breaches of the amended Regulations can result in civil or administrative consequences. The Act provides for penalties for non-compliance, although specific penalties are not detailed in the explanatory statement. The Airport Building Controller has the authority to enforce the fee structure and the right of appeal provisions. Failure to adhere to the prescribed fees or the correct use of regulatory terms may result in the need for review or correction by the relevant tribunal. Additionally, the administrative processes for appeals and enforcement are established to ensure compliance with the regulations and to provide recourse for aggrieved parties. The amendments commenced upon notification in the Gazette, and their enforcement is expected to ensure consistent application of building control services at airport sites.