EXPLANATORY STATEMENT

Issued by the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

Airports Act 1996

Airports (Building Control) Regulations 2025
Airports (Building Control) (Repeals and Consequential Amendments) Regulations 2025

Purpose and operation

The Airports (Building Control) Regulations 2025 (the Regulations) establish a building approval and compliance framework to ensure that building activities on leased federal airports are undertaken in accordance with appropriate building and construction standards, and are aligned with airport planning frameworks under Part 5 of the Airports Act 1996 (the Act). The Regulations prescribe a range of matters to support the operation of the Act, including to:

set out the regulatory framework for building activity approvals on airport sites;
set out the regulatory framework for issuing certificates of compliance for completed building activities on airport sites;
set out the appointment of airport building controllers;
provide for the issuing of infringement notices for non-compliance with land use planning and building controls outlined in the Act; and
provide detail for how the various regulatory mechanisms established by the Act operate in practice, for example, in relation to building approvals and certificates of compliance, including application processes, required information, and setting fees for applications.

The Airports (Building Control) (Repeals and Consequential Amendments) Regulations 2025 (the Repeals and Consequential Amendments Regulations) set out necessary repeals and consequential amendments associated with remaking the Regulations.

These Regulations replace the Airports (Building Control) Regulations 1996 (the 1996 Regulations), which sunset on 1 April 2026.

The sunsetting date was set by the Legislation (Airport Instruments) Sunset-altering Declaration 2018, and subsequent Legislation (Deferral of Sunsetting-Airport Instruments) Certificate 2022.

Consultation activities have confirmed that while the 1996 Regulations were generally fit for purpose, there were opportunities to modernise language, and make minor and technical updates, focussed on clarifying processes.

The purpose of this explanatory statement is to outline the changes that have been made as part of the remaking process. The Federal Register of Legislation (FRL) provides the legislative history of the sunsetting instrument, including past explanatory statements.

The latest versions of any Australian Government Acts, Regulations and other legislative instruments referenced in this explanatory statement and the instrument are available at the FRL (https://www.legislation.gov.au).

Modernisation

The Regulations have been updated to more closely align with the provisions in the Act, and to meet modern drafting standards, while generally maintaining the intent and effect of the 1996 Regulations they replace. For example:

a range of changes to language have been made throughout the instrument – see the notes on sections at Attachment A for details;
definitions have been consolidated into section 4 in the Regulations (to the extent possible); and
spent and redundant provisions have been removed in the new instrument.

Minor and technical updates

The Regulations have been updated to address a variety of minor and technical issues in order to clarify and streamline processes. For example:

correcting outdated references to relevant standards, agencies, and documents;
providing for an online lodgement facility for receiving online applications and requests in relation to building approvals and certificates of compliance in place of a physical register of applications, and related amendments to reflect that these processes are now managed digitally;
more explicitly setting out where applications and decisions are being made under the regulations, and the processes for written notice and merits review associated with these provisions;
providing for the transfer of a certificate of compliance where there is a change of interest in the relevant building or works;
explicitly outlining infringement notice offences against provisions of Part 5 of the Act, and penalty units for these infringement notices; and
updating provisions enabling the Secretary to appoint an authorised person to appropriately limit these powers, and enabling the Secretary to delegate powers to a Senior Executive Service officer (SES) employee in the department.

The Regulations also include Part 7, which sets out transitional arrangements in relation to the commencement of the instrument.

The notes on sections at Attachment A describe these changes in more detail.

Legislative authority

The Act establishes a regulatory framework for leased federal airports.

Section 252 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Act identifies a range of matters which may be prescribed by regulations.

Further detail on enabling provisions for specific Parts of the Regulations, and the Repeals and Consequential Amendments Regulations, is included in Attachment A.

The Regulations, and the Repeals and Consequential Amendments Regulations, are disallowable legislative instruments for the purposes of the Legislation Act 2003.

Consultation

Policy

The Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (the department) initially conducted public consultation on policy through a survey on sunsetting regulations in 2017. Twenty-four submissions were received through this process. There has also been extensive public consultation in the past on regulations under the Act, including public consultation to inform development of the Aviation White Paper – Towards 2050 (the Aviation White Paper). Further information on the Aviation White Paper, and consultation activities undertaken to inform the Aviation White Paper, is available on the department’s website (https://www.infrastructure.gov.au/awp).

The approach to remaking the Regulations has also been informed by department’s regular engagement with airport building controllers, airport-lessee companies, and other relevant stakeholders during the administration of the airport building control framework. Consultation and engagement with relevant stakeholders found that the 1996 Regulations are fit for purpose, with the potential for modernisation of language, and minor and technical updates.

In the Aviation White Paper, the Australian Government committed to conducting a comprehensive review of the Act, and the accompanying legislative and regulatory arrangements for the ownership, planning, development and environmental management of leased federal airports by 2030. This will be an opportunity to consider more substantial updates to the Act, and complementary regulations, including the Regulations.

Draft regulations

An exposure draft was released to airport-lessee companies, and airport building controllers in September 2025. Sixteen submissions were received. The Attorney General’s Department, Australian Public Service Commission, and the Department of Finance were also consulted on draft instruments. The Civil Aviation Safety Authority was consulted on consequential amendments to the Civil Aviation Safety Regulations 1998 outlined in the Part 2 of Schedule 1 of the Repeals and Consequential Amendments Regulations.

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is set out at Attachment B.

Attachment A

Details of the Airports (Building Control) Regulations 2025

Part 1 – Preliminary

Section 1 – Name

This section specifies the name of the Regulations is the Airports (Building Control) Regulations 2025.

Section 2 – Commencement

This section provides that the Regulations commence on 1 April 2026. This is the same date that the 1996 Regulations are due to sunset, and that the Repeals and Consequential Amendments Regulations commence.

Section 3 – Authority

This section sets out the provision of the Airports Act 1996 under which the Regulations are made.

Section 4 – Definitions

Some defined terms used in these Regulations are defined in the Act. A non‑exhaustive list of examples is given in the note to section 4 of the Regulations.

In particular, the term State is defined in the Act to include the Australian Capital Territory, and the Northern Territory. As such references to a State included in the Regulations and Explanatory Statement are taken to include references to the Australian Capital Territory, and the Northern Territory.

Section 4 provides some additional definitions that have effect for these Regulations.
To the extent possible, definitions have been consolidated in section 4. In the 1996 Regulations, some of these definitions were separately outlined in Part 3. Definitions carried over from the 1996 Regulations largely retain the same meaning.
When the term Act is used in this instrument, it means the Airports Act 1996. Other Acts, and subordinate instruments referenced in this instrument are referred to each time using their short title, for example, the Airports (Transitional) Act 1996. The latest versions of these Acts and subordinate instruments are available on the FRL (https://www.legislation.gov.au).
The term airport building controller for an airport site refers to a Commonwealth or State authority, local government body, or person appointed under section 65 of the Regulations as the airport building controller for the site. If no such person is appointed, the airport building controller is the Secretary (defined below). The airport building controller performs functions and exercises powers under the Regulations to ensure that building activities on leased federal airports are undertaken in accordance with appropriate building and construction standards, and are aligned with airport planning frameworks under Part 5 of the Act.
The terms appropriate building expert, appropriate demolitions procedures expert, and appropriate works expert are defined in sections 5-7 of the Regulations. Further detail is included against the explanatory material for sections 5-7.
The term authorised person refers to the Secretary (defined below), or a person appointed by the Secretary under section 81 of the Regulations as an authorised person. Further detail is included against the explanatory material for section 81.
When the term building is used in this instrument, it includes a structure (defined below).
When the term building approval is used in this instrument, it means an approval granted under subsection 21(1) of the Regulations to carry out a building activity on an airport site, or a varied approval, if an approval is varied under subsection 36(1) of the Regulations.
Building Code means the Building Code of Australia, as existing from time to time.

The Building Code of Australia is contained in volumes 1 and 2 of the National Construction Code (NCC). The NCC (including the Building Code) is publicly available, and could, in 2025, be viewed on the website of the Australian Building Codes Board (https://ncc.abcb.gov.au).

The Building Code sets the minimum required level for the safety, health, amenity, accessibility and sustainability of certain buildings.
Paragraphs 100(2)(a) and 107(2)(a) of the Act provide that regulations made for and in relation to building approvals and certificates of compliance may make provision for applying, adopting or incorporating the Building Code of Australia as in force or existing from time to time.

When the term building permit is used in this instrument, it refers to a building approval that may be granted under Part 2 of the Regulations (which relates to building approvals), if the proposed building activity is the construction or alteration of a building, as outlined in paragraph 10(a) of the Regulations.
When the term certificate of compliance is used in this instrument, it means a certificate issued under subsection 49(1) of the Regulations for a building or works, or a varied certificate, if a certificate is varied under subsection 57(1) of the Regulations.
When the term demolition is used in this instrument in relation to a building or works, or a part of a building or works, it means the demolition, destruction, dismantling or removal of the building or works, or a part of the building or works. However, it does not include the demolition, destruction, dismantling or removal of structures designed or used to provide support, access or containment during construction work, including formwork, falsework, or scaffolding.
When the term demolition authorisation is used in this instrument, it refers to a building approval that may be granted under Part 2 of the Regulations (which relates to building approvals), if the proposed building activity is the demolition of a building or works, as outlined in paragraph 10(c) of the Regulations.
When the term earthworks or engineering works is used in this instrument, it has a meaning affected by section 98(3) of the Act. In 2025, this outlined that runways, taxiways, aprons, surface carparks, retaining walls, dams, roads, railways, pipelines and tunnels are taken to be earthworks or engineering works for the purposes of Division 5 of Part 5 of the Act, which relates to building control.
When the term eligible alteration is used in this instrument, it has the same meaning as in section 105 of the Act. In 2025, this included alterations of the structure of a building or other structure, and alterations of earthworks, engineering works, electrical works or hydraulic works (whether or not in relation to buildings or other structures).
When the term exempt building activity is used in this instrument, it has the meaning outlined in section 11 of the Regulations. Further detail is included against the explanatory material for section 11.
When the term infringement notice offence is used in this instrument, it has the meaning outlined in section 70 of the Regulations. Further detail is included against the explanatory material for section 70.
When the term infringement notice penalty is used in this instrument, it has the meaning outlined in section 70 of the Regulations. Further detail is included against the explanatory material for section 70.
When the term inspection stages is used in this instrument in relation to inspection stages for a building activity, it means the stages specified in a notice under subsection 21(4) of the Regulations at which the building activity is to be inspected by an appropriate expert or regulatory authority, or if the stages are altered, as specified in a notice under subsection 36(4) of the Regulations, the altered stages.
Online lodgement facility means the facility maintained by the department for the purposes of receiving online applications and requests in relation to building approvals and certificates of compliance, and for other purposes. This facility is maintained by the department responsible for administering the Act. In 2025, this referred to the Commonwealth Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts. If necessary in future, the Administrative Arrangements Orders published by the Department of the Prime Minister and Cabinet (see www.pmc.gov.au/resources) should be considered in determining which department is responsible for administering the Act.
Regulatory authority means an authority or body authorised by law to regulate works for the supply of gas, water, electricity or sewage services, or the Australian Communications and Media Authority (ACMA). The equivalent definition in the 1996 Regulations made reference to the Australian Telecommunications Authority and the Spectrum Management Agency. ACMA now performs the relevant regulatory activities undertaken by these former authorities relating to telecommunications and related infrastructure (see https://www.acma.gov.au).
Secretary means the Secretary (head) of the department responsible for administering the Act. This currently refers to the Secretary of the Commonwealth Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts. If necessary in future, the Administrative Arrangements Orders published by the Department of the Prime Minister and Cabinet (see www.pmc.gov.au/resources) should be considered in determining which department is responsible for administering the Act.
Stake, held by a person or company, has the same meaning as clause 11 of the Schedule of the Act.
When the term works is used in this instrument, it includes earthworks or engineering works, electrical works, and hydraulic works.
When the word structure is used in this instrument, it has a meaning affected by subsection 98(2) of the Act. In 2025, this outlined that that bridges, fences, towers and pylons, tents and other temporary structures are taken to be structures for the purposes of Division 5 of Part 5 of the Act, which relates to building control.
When the term works permit is used in this instrument, it refers to a building approval that may be granted under Part 2 of the Regulations (which relates to building approvals), if the proposed building activity is for the construction or alteration of works, as outlined in paragraph 10(b) of the Regulations.

Australian building standards

When the term Australian building standards is used in this instrument in relation to a building activity other than a demolition, and the Building Code of Australia is relevant for the building activity taking place, then the term refers to the Building Code of Australia (as existing from time to time), as applied in the State in which the building activity is taking place.

The Building Code of Australia is contained in volumes 1 and 2 of the NCC. The NCC (including the Building Code) is publicly available, and could, in 2025, be viewed on the website of the Australian Building Codes Board (https://ncc.abcb.gov.au).

The Building Code sets the minimum required level for the safety, health, amenity, accessibility and sustainability of certain buildings.
The Building Code is given legal effect in each jurisdiction through legislation set out by state and territory governments and statutory authorities.
Paragraphs 100(2)(a) and (b) and 107(2)(a) and (b) of the Act provide that regulations made for and in relation to building approvals and certificates of compliance may make provision for applying, adopting or incorporating the Building Code of Australia, and the Building Code of Australia, as it applies in a particular State, as existing from time to time.

When the term Australian building standards is used in this instrument in relation to a building activity other than a demolition, and the Building Code of Australia is not relevant for the building activity taking place, then the term refers to standards that the airport building controller for the airport site determines under section 66 of the Regulations to apply for the building activity or part of the building activity, as existing from time to time. Further detail is included against the explanatory material for section 66.

These standards may be a standard proposed or approved by Standards Australia, a standard made by, or by an authority of the United States of America, or a standard made by, or by an authority of a member state of the European Union, if the airport building controller is satisfied that the standards are customary standards for the building activity or part.
Paragraphs 100(2)(d), (e) and (f), and 107(2)(d), (e) and (f) of the Act provide that regulations made for and in relation to building approvals and certificates of compliance may make provision for applying, adopting or incorporating these standards, as existing from time to time.
Subject to copyright conditions, copies of the relevant standard(s) may be made available for viewing upon request at the offices of the department in Canberra.
Copies of standards may also be available via public libraries. In 2025, the National Library of Australia’s Trove resource provided a search tool to identify resources held in library collections across Australia, and was available at (https://trove.nla.gov.au).

When the term Australian building standards is used in this instrument in relation to a demolition, it means the Australian Standard AS 2601-2001, The demolition of structures, as existing from time to time.

Paragraphs 100(2)(d) and 107(2)(d) of the Act provide that regulations made for and in relation to building approvals and certificates of compliance may make provision for applying, adopting or incorporating a standard proposed by Standards Australia, as in force or existing from time to time.
Australian Standards are subject to copyright, and require payment by members of the public. Australian Standards may be obtained from Standards Australia, and several other distributors. In 2025, more information could be viewed at (http://www.standards.org.au).
Subject to copyright conditions, copies of the relevant standard may be made available for viewing upon request at the offices of the department in Canberra.
Copies of standards may also be available via public libraries. In 2025, the National Library of Australia’s Trove resource provided a search tool to identify resources held in library collections across Australia, and was available at (https://trove.nla.gov.au).

Sections 5 – 7 – meanings of appropriate building expert, appropriate demolition procedures expert, and appropriate works export

Section 5 outlines when a person may be considered an appropriate building expert for the purposes of this instrument. A person may be considered an appropriate building expert in relation to a building activity (or part of a building activity) on an airport site in a given State, if the person:

is generally recognised within the building industry as having expert knowledge about, or qualifications for, the construction of buildings; and
has the appropriate qualifications for carrying out the building activity or part in that State.

Section 5 is supported by a note outlining examples of appropriate building experts in a State to aid in interpretation.
- For the avoidance of doubt, this provision is intended to be inclusive of any relevant mutual recognition arrangements enabling a person to have the appropriate qualifications for carrying out the building activity or part in the State, such as any arrangements in place under the Mutual Recognition Act 1992. The latest version of this Act is available on the FRL (https://www.legislation.gov.au).
An appropriate building expert is intended to have largely the same meaning as the term building expert as outlined in subregulation 1.04(1) in the 1996 Regulations, while also incorporating the intent of subregulation 1.04(6) in the 1996 Regulations, which required that a building expert also be appropriately qualified for the carrying out of the activity.
Section 6 outlines when a person may be considered an appropriate demolition procedures expert for the purposes of this instrument. A person may be considered an appropriate demolition procedures expert in relation to a building activity (or part of a building activity) on an airport site in a given State, if the person is registered or licensed to carry out the demolition of buildings in that State.
- For the avoidance of doubt, this provision is intended to be inclusive of any relevant mutual recognition arrangements enabling a person to be considered appropriately registered or licensed to carry out the demolition of buildings in that State, such as any arrangements in place under the Mutual Recognition Act 1992. The latest version of this Act is available on the FRL (https://www.legislation.gov.au).
Subregulation 1.04(1) of the 1996 Regulations provided that an expert in demolition procedures was generally recognised within the building industry as having knowledge about, or qualifications for, the demolition of buildings.
This updated definition ensures that an appropriate demolition procedures expert is appropriately licensed or registered to carry out the demolition of buildings in the relevant State an airport site is located in (noting that an appropriately licensed person will have the qualifications and experience required in the relevant jurisdiction to hold the license or registration).
Section 7 outlines when a person may be considered an appropriate works expert for the purposes of this instrument. A person may be considered an appropriate works expert in relation to a building activity (or part of a building activity) on an airport site in a State, if the person:

is generally recognised within the building industry as having expert knowledge about, or qualifications for, the carrying out of works; and
has the appropriate qualifications for carrying out works in that State.

Section 7 is supported by a note outlining examples of appropriate works experts in a State to aid in interpretation.
- For the avoidance of doubt, this provision is intended to be inclusive of any relevant mutual recognition arrangements enabling a person to have the appropriate qualifications for carrying out the works in that State, such as any arrangements in place under the Mutual Recognition Act 1992. The latest version of this Act is available on the FRL (https://www.legislation.gov.au).
An appropriate works expert is intended to have largely the same meaning as the term works expert as outlined in subregulation 1.04(1) of the 1996 Regulations, while also incorporating the intent of subregulation 1.04(6) in the 1996 Regulations, which required that an expert also be appropriately qualified for the carrying out of the activity.
Each of these definitions in the Regulations have been updated to clarify that experts should be appropriately qualified for carrying out the relevant building activity in the State the airport site is located in.

Section 8 – Effect of State laws

Section 8 clarifies that the Regulations do not affect the operation of State laws at airport sites in relation to the registration of builders or other persons having professional qualifications relating to construction, builders’ insurance, workplace health and safety, or the protection of persons from fire.
Section 8 relies on the necessary and convenient power in subsection 252(b) of the Act, and has been included to provide clarity, and for the avoidance of doubt.

The addition of this section makes clear that the Regulations are not intended to impact any operation of State laws at airport sites in relation to the matters outlined. This is different to section 112 of the Act, which applies to the exclusion of a law of a State relating to land use planning, or the regulation of building activities.

Section 8 has the same intended effect as regulation 1.03 in the 1996 Regulations.

Opportunities for future reform

The Regulations have retained the approach in the 1996 Regulations, rather than including new provisions that explicitly incorporate any specific State laws. This is because the 1996 Regulations had been operating effectively to ensure the safety of building activities on airport sites, and further policy work is required to determine the extent to which any specific State laws could, or should, be incorporated into the Regulations, without any unintended consequences.
The Australian Government has committed to reviewing the Act and associated regulations by 2030, which is an opportunity to appropriately consider whether any State laws should be explicitly incorporated into the Regulations.

Part 2 – Building approvals

This Part has been updated to more closely align with provisions in the Act, and meet modern drafting standards, while generally maintaining the intent and effect of the 1996 Regulations they replace. This Part has been reordered to more logically flow through the building approval application and decision process.
This Part has been made under section 100 of the Act, which provides for regulations that may make provisions for and in relation to building approvals, including:

the grant of approvals authorising building activities to be carried out on airport sites;
conditions of such approvals (which can include the carrying out of inspections);
revocation, variation or surrender of such approvals;
fees in respect of applications for such approvals; and
in a case where an airport lease is transferred – the transfer of such an approval to the transferee.

The regulations made for these purposes may make provision for or in relation to a matter relating to building approvals by applying, adopting or incorporating (with or without modification), any matter contained in:

the Building Code of Australia;
the Building Code of Australia as it applies in a particular State;
a law of a State;
a standard proposed or approved by Standards Australia;
a standard made by, or by an authority of, the United States of America, or
a standard made by, or by an authority of, a member state of the European Union

as in force or existing from time to time.

Spent provisions

Transitional arrangements outlined in regulation 2.25 in the 1996 Regulations are spent, and have been repealed. These arrangements accounted for approvals for building activities granted by the former Federal Airports Corporation before an airport lease for an airport site was granted by the Commonwealth.

Section 9 – Simplified outline of this Part

Section 9 describes the purposes of Part 2 of the Regulations to assist the user in understanding and navigating the instrument. Part 2 covers sections 9 to 42 (inclusive) of the Regulations, and is divided into Divisions. This Part:

specifies the kinds of building approvals that may be granted to authorise building activities to be carried out on airport sites;
declares the kinds of building activities that may be carried out on an airport site without a building approval and includes requirements in relation to those activities;
provides for the grant of building approvals to authorise building activities to be carried out on airport sites, and matters relating to these approvals; and
requires the Secretary to maintain a register of applications made under this Part, and provides for miscellaneous matters relating to building approvals.

Section 10 – Kinds of building approvals

Section 10 specifies the kinds of building approvals that may be granted to authorise building activities to be carried out on airport sites. These are building permits (if the proposed building activity relates to a building), work permits (if the proposed building activity relates to works), and demolition authorisations (if the proposed construction activity is the demolition of a building or works).
Section 10 is intended to have largely the same effect as subregulation 2.02(2) in the 1996 Regulations.

Sections 11 – 13 – Exempt building activities

Section 11 outlines building activities that are declared to be exempt for the purposes of subparagraphs 99(1)(d)(i) and (e)(i), and 99(3)(d)(i) and (e)(i) of the Act. These subparagraphs of the Act provide for the regulations to declare building activities to be exempt from Subdivision C of Division 5 of Part 5 of the Act, which relates to building approvals.
The building activities outlined in section 11 may be carried out on airport sites without a building approval. The forms of building activities that are exempt from the building approval process remain largely as outlined in subregulation 2.24(1) of the 1996 Regulations:

The only change is the removal of subparagraph 2.24(1)(c)(ii) of the 1996 Regulations, which excluded fences with barbed wire or razor wire from the list of exempt activities.
This removal brings treatment of these fences in line with other fences to simplify administrative processes.

Section 11 has been updated to include subsection 11(2), which explicitly provides for the airport building controller to determine that a work is minor in nature, and the basis on which this decision may be made. Under section 79 of the Regulations, an application may also be made to the Administrative Review Tribunal (ART) for a review of this decision.
Specific exemptions relating to building activities at Sydney West Airport outlined in subregulation 2.24(1A) of the 1996 Regulations are spent, and have been repealed.
Sections 12 and 13 set out requirements in relation to exempt building activities. These sections are made under paragraph 252(b) of the Act, which enables the making of regulations prescribing matters that are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Although these activities are exempt from the detailed building approval requirements in Subdivision C of Division 5 of Part 5 of the Act, sections 12 and 13 complement requirements for exempt building activities through less onerous notice, certification and record keeping obligations.
These sections are necessary to provide effective oversight of the exempt building activities on the airport site, in order to ensure that the exempt building activities are undertaken in a safe and effective manner, repairs undertaken in an emergency are structurally sound, and that appropriate records are kept to enable the assurance of exempt building activities.
Subsections 12(1) and 12(2) set out a requirement to notify the airport building controller prior to commencing an exempt building activity, and if the person intending to carry out the building activity is not the airport-lessee company for the airport site, provide a copy to the airport-lessee company. These subsections are intended to ensure that both the airport building controller, and the airport-lessee company for the airport site, are aware of exempt building activities being undertaken on the airport site. Subsection 12(1) explicitly requires that notification be provided to the airport building controller through the online lodgement facility, so that exemption notifications and applications for building approval may be consistently tracked and managed within a combined system.
Subsection 12(3) sets out a requirement that in instances where an exempt building activity carried out to repair or alter a building in the event of an emergency (in line with paragraph 11(1)(e)), that the airport building controller is provided with a certificate attesting to the structural safety of the building as repaired or altered, as soon as is practicable. This subsection is to ensure that when building activities are undertaken in an emergency, the airport building controller may still be assured that the buildings are safe for use and occupation.
Section 13 sets out a requirement to keep records for exempt building activities for a period of 1 year after the building activity is completed. The airport building controller may inspect these records at any reasonable time when the office of the person keeping the record is normally open for business, after giving the person written notice at least 24 hours before making the inspection.
This section is intended to ensure that appropriate records are retained in relation to exempt building activities, and to enable the airport building controller to inspect and assure these building activities where necessary.
These sections are intended to have largely the same effect as subregulations 2.24(2), 2.24(3), 2.24(4), and 2.24(5) in the 1996 Regulations. Section 12 has been updated to clarify that:

notification of an exempt building activity must be provided to the airport building controller through the online lodgement facility before the activity commences, and
if the airport-lessee company is not the person undertaking the building activity, then the airport-lessee company must also be informed.

These amendments are to reduce ambiguity, clarify obligations and mitigate the risk of airport building controllers being notified of exempt building activities after they have been undertaken, and support the Regulations in ensuring that buildings and works on airport sites are safe for occupation and use.

Section 14 – Application for building approval

Section 14 sets out the process for applying for a building approval to authorise a building activity on an airport site.
Subsection 14(1) sets out who may apply for a building approval. These include the airport-lessee company of for the airport site, a sub-lessee of the building or land in or on which the building work is to be carried out, or a person who has an interest in land at the airport. The Regulations also make clear that another person may make an application on behalf of these persons.
Subsection 14(2) sets out how the application must be made, makes clear that the application must state the kind of building approval being applied for, and outlines the information that must be included in the application, which is partly dependent on the kind of building approval being applied for. The information that must be included in the application is further specified in sections 15-18.
Subsection 14(3) sets out fees to be paid in respect to applications for building approvals. A flat fee of $400 must be paid for an application for a demolition authorisation. If an application is for a building permit or a works permit, the amount is set out in Schedule 1 of the Regulations, according to the total estimated cost of the proposed building or works, and which airport site the building activity is to be undertaken at.
Subsection 14(4) sets out that an application is properly made if subsection 14(2) and subsection 14(3) have been complied with.
Section 14 is intended to have largely the same effect as regulation 2.02 in the 1996 Regulations. Updates have been made to provide for applications to be lodged via electronic submission through an online lodgement facility, rather than assuming applications are physically provided in writing to the relevant airport building controller, and to clarify when an application may be considered properly made.
Fees for building approval applications remain as outlined in the 1996 Regulations.

Sections 15 – 18 – Information to be included in building approval applications

These sections set out information that must be included in building approval applications.
Section 15 sets out information that must be included for all applications. This section has consolidated regulations 2.05 and 2.06 in the 1996 Regulations, and is intended to have largely the same effect. The section has been updated as outlined below:

Provisions requiring a statement outlining how the building approval is consistent with the ‘final environment strategy for the airport’ have been removed. At the time the 1996 Regulations were made, the environment strategy was a separate document each airport-lessee company was required to produce, alongside a master plan for the airport. The final environment strategy is now located in the final master plan for the airport, and the references to a separate document have been removed on that basis.
Updates have been made to account for the electronic submission of applications through the online lodgement facility, which mean that multiple physical copies of documents no longer need to be provided as part of the application.

Section 16 sets out additional information to be included in applications for building permits. This section is intended to have largely the same effect as regulation 2.07 in the 1996 Regulations. The section is updated as outlined below:

A statement identifying the class or classes, under the Building Code, of the building proposed to be built or altered, and a statement describing the proposed type of construction of the building in accordance with provisions in the Building Code that deal with fire resistance and stability, must now be included as part of the application. These statements were previously required as part of the building plan provided with the application. This is intended to streamline the application process.
References to Part C1.1 of the Building Code (which relates to fire resistance and safety) under the 1996 Regulations have been updated to instead reference the part of the Building Code relating to fire resistance and safety generally. This is to ensure the provision remains current if there are subsequent updates to the Building Code which alter references to specific parts.
Requirements for building plans to provide for periodic inspections have been removed. In practice, staging of inspections is nominated by the airport building controller in consultation with the applicant. The Regulations have been updated to streamline this process, by providing for inspection stages to be specified in notices of building approvals.
Updates have been made to account for the electronic submission of applications through the online lodgement facility, which mean that multiple physical copies of documents no longer need to be provided as part of the application.
References to the Airports (Protection of Airspace) Regulations 1996 have been updated to instead reference the Airports (Protection of Airspace) Regulations 2026. The latest version of these regulations will be available on the FRL (https://www.legislation.gov.au).

Section 17 sets out additional information to be included in applications for works permits. This section is intended to have largely the same effect as regulation 2.08 in the 1996 Regulations. The section is updated as outlined below:

Requirements for building plans to provide for periodic inspections have been removed. In practice, staging of inspections is nominated by the airport building controller in consultation with the applicant. The Regulations have been updated to streamline this process, by providing for inspection stages to be specified in notices of building approvals.
Updates have been made to account for the electronic submission of applications through the online lodgement facility, which mean that multiple physical copies of documents no longer need to be provided as part of the application.

Section 18 sets out additional information to be included in applications for demolitions authorisations. This section is intended to have largely the same effect as regulation 2.09 in the 1996 Regulations. The section is updated as outlined below:

Requirements for building plans to provide for periodic inspections have been removed. In practice, staging of inspections is nominated by the airport building controller in consultation with the applicant. The Regulations have been updated to streamline this process, by providing for inspection stages to be specified in notices of building approvals.
Updates have been made to account for the electronic submission of applications through the online lodgement facility, which mean that multiple physical copies of documents no longer need to be provided as part of the application.

Section 19 – Further information

Section 19 provides for the airport building controller to request, by written notice, further information if it is reasonably required to determine the application. This section is intended to have largely the same effect as subregulations 2.11(2), 2.11(2A), and 2.11(3) in the 1996 Regulations.
The section has been updated to include subsection 19(3), which provides for the airport building controller to specify a period of time within which the information must be provided, and for this period to be extended at the request of the applicant (and more than once).
The section has also been updated to include subsection 19(5) which provides that an airport building controller may, by written notice, withdraw a request for further information made under subsection 19(1).

Subsection 19(5) is included to provide a mechanism for withdrawal of a request for further information where necessary, for example, in instances where the applicant is genuinely unable to provide the requested information.

These updates clarify process and expectations around these requests for further information.

Section 20 – Variation or withdrawal of application

Section 20 sets out the process for applying to vary or withdraw a building approval to authorise a building activity on an airport site. This includes:

providing for the amendment or withdrawal of an application before the airport building controller has made a decision on the application for a building approval; and
setting fees for variation or withdrawal of an application for building approval.

Section 20 is intended to have largely the same effect as regulation 2.10 in the 1996 Regulations. This section has been updated to account for the electronic submission of applications through the online lodgement facility. Fees remain as outlined in the 1996 Regulations.

Section 21 – Airport building controller to decide application

Section 21 sets out the process for an airport building controller to decide an application for building approval.
Subsection 21(1) sets out how the airport building controller must deal with the application that is properly made under section 14, either by:

granting the building approval;
granting the building approval subject to one or more conditions the airport building controller determines to be appropriate;
undertaking to the applicant that the building approval will be granted if the applicant complies with any direction in the undertaking, or
refusing to grant the building approval.

Subsection 21(2) specifies that this decision is subject to subsections 21(6) and 21(7) and sections 22-25, which set out matters and criteria that the airport building controller must consider in deciding an application. Further information on these sections are outlined below.
Subsection 21(3) requires a written notice of the decision to be provided to the applicant, and if the applicant is not the airport-lessee company for the airport site, the airport-lessee company.
Subsection 21(4) outlines content which must be included in this written notice:

if the decision is to approve the building activity, the notice must specify any inspection stages (if any) for the building activity; or
in any other instance, the notice must include a statement of reasons for the decision.

Subsection 21(5) requires that if an applicant complies with an undertaking and direction given under paragraph 21(1)(c), then the airport building controller must approve the building activity.
Subsections 21(6) and 21(7) set out that:

if a proposed building activity is, or comprises part of a major airport development, the airport building controller must not make a decision on the application before the major development plan for the development has been decided, or taken to be approved, by the Minister under sections 94 of the Act; and
if the Minister refuses to approve the major development plan, the airport building controller must not deal with the application.

These provisions are included to ensure that an airport building controller does not pre‑empt a decision from the Minister in relation to a major airport development under the Act.
Subsection 21(8) requires the airport building controller to advise the applicant of the effects of subsections 21(6) and 21(7). The note in this section makes clear that subsections 21(6) and 21(7) do not apply for a building activity at Sydney West Airport that is covered by Part 3 of an airport plan for the airport, or wholly or partly occurs before the Sydney West Airport completion date. Further information on major developments at Sydney West Airport is included against explanatory material for section 41 of the Regulations.
Subsection 21(9) sets out that the airport building controller is taken to have refused to grant a building approval if notice of a decision has not been given to the applicant within 28 days after the later of the following:

if the proposed building activity is, or comprises a major airport development for which a major airport development has not yet been approved, or taken to be approved under section 94 of the Act – the major development plan is approved, or taken to be approved under section 94 of the Act;

if this first instance does not apply – the application is received;
if further information is requested under subsection 19(1) (and the request has not subsequently been withdrawn under subsection 19(5)) – the further information is received; or
a request for further information under subsection 19(1) is withdrawn under subsection 19(5).

The note in this subsection makes clear that subsection 21(9)(a) do not apply for a building activity at Sydney West Airport that is covered by Part 3 of an airport plan for the airport, or wholly or partly occurs before the Sydney West Airport completion date. Further information on major developments at Sydney West Airport is included against explanatory material for section 41.
This section is intended to have largely the same effect as subregulations 2.11(1) to 2.11(1C), and 2.11(4) to 2.11(9) in the 1996 Regulations. Updates have been made to simplify provisions in the section, particularly in relation to major airport developments, when applications have taken to be refused by an airport building controller, and inspection stages. The section has also been updated to account for the withdrawal of a request for information, now included under subsection 19(5) of the Regulations. Matters relating to Sydney West Airport have been consolidated in section 41 of the Regulations.
For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the day (i.e. a calendar day), rather than a business day, which is a defined term under the Act.

Sections 22 – 25 – Criteria for approval of all building applications

These sections set out criteria that must be satisfied for an airport building controller to approve an application for building approval.
Section 22 sets out criteria that must be satisfied for all applications for building approval. This section is intended to have largely the same effect as subregulation 2.12(1) in the 1996 Regulations.
These criteria are included to ensure that:

the airport-lessee company has consented to the application (with or without conditions) (where the applicant is not the airport-lessee company for the airport site); and
that requirements under the proposed Airports (Protection of Airspace) Regulations 2026 have been met prior to the proposed building activity being approved. The latest version of these regulations will be available on the FRL (https://www.legislation.gov.au).

Section 23 sets out criteria that must be satisfied for applications for building permits. This section is intended to have largely the same effect as regulation 2.13 in the 1996 Regulations:

Requirements under subsection 23(1) are intended to ensure that the building will be fit for occupancy, that building activities will be carried out in accordance with appropriate standards, and that appropriate arrangements are in place to account for public safety, amenity of buildings and services during conduct of the building activity, linkages with services and facilities outside the airport, and clean-up and rehabilitation.
Subsection 23(2) sets out how building activities may be considered to be carried out in accordance with appropriate standards (either the design of the proposed building ensures compliance with the applicable Australian building standards or the applicant identifies the non-compliance, provides a written explanation of the inappropriateness of compliance, and the airport building controller approves the non-compliance).
Subsection 23(3) sets out that the airport building controller may be satisfied that the building will be fit for occupancy, or that the building activity will be carried out in accordance with appropriate standards, by relying on a certificate issued, or a report prepared, by an appropriate building expert, or a certificate issued by a regulatory authority.

Section 24 sets out criteria that must be satisfied for applications for works permits. This section is intended to have largely the same effect as regulation 2.14 in the 1996 Regulations:

Requirements under subsection 24(1) are intended to ensure that the works will be fit for use, that building activities will be carried out in accordance with appropriate standards, and that appropriate arrangements are in place to account for public safety, amenity of buildings and services during conduct of the building activity, linkages with services and facilities outside the airport, and clean-up and rehabilitation.
Subsection 24(2) sets out how building activities may be considered to be carried out in accordance with appropriate standards (either the design of the proposed works ensures compliance with the applicable Australian building standards or the applicant identifies the non-compliance, provides a written explanation of the inappropriateness of compliance, and the airport building controller approves the non-compliance).
Subsection 24(3) sets out that the airport building controller may be satisfied that the works will be fit for use, or that the building activity will be carried out in accordance with appropriate standards, by relying on a certificate issued, or a report prepared, by an appropriate works expert.

Section 25 sets out criteria that must be satisfied for applications for demolition authorisations. This section is intended to have largely the same effect as regulation 2.15 in the 1996 Regulations:

Requirements under subsection 25(1) are intended to ensure that demolition activities will be carried out in accordance with appropriate standards, minimise disruption to other activities at the airport, and that appropriate arrangements are in place to account for public safety, amenity of buildings and services during conduct of the building activity, and clean-up and rehabilitation.
Subsection 25(2) sets out that the airport building controller may be satisfied that the demolition will be carried out in accordance with appropriate standards, or will minimise disruption to other activities at the airport, by relying on a certificate issued, or report prepared, by an appropriate demolition procedures expert.

Section 26 – Duration of building approval

Section 26 sets out the duration of a building approval, and provides for the extension of the duration of a building approval:

Subsection 26(1) sets out the duration of a building approval, which is either the end of the applicable period for the approval, a shorter time specified in the approval, the end of an extension period, or if the approval is revoked.
Subsection 26(2) sets out how the applicable period for a building activity is determined. The applicable period is generally 3 years from the day on which the approval is granted. The applicable period is 5 years for building activities undertaken at the Sydney West Airport site in specific instances that are to occur wholly or partly before the Sydney West Airport completion day.
Subsections 26(3) to 26(5) provide for the extension of the duration of a building approval. These subsections set out that upon application by the person carrying out the building activity authorised by the building approval (or a person on behalf of that person), an airport building controller may extend the duration of the building approval for an additional period of 1 year.
Subsections 26(4) and 26(5) makes clear that while the application must be made before the approval ceases to be in force, that the airport building controller may make a decision to extend the period after the approval has ceased to be in force. Subsection 26(5) also provides that the airport building controller may not extend the duration of a building approval more than twice.
Subsection 26(6) provides that a building approval does not cease to have effect if the person to whom the building approval was granted has given up all, or any, of their interest in the proposed building, structure or works or the land on which it is to be constructed. This section is included to clarify that a building approval does not cease to have effect purely because of a change of rights or interests in the proposed building, structure or works.

This section is intended to have largely the same effect as regulation 2.19 in the 1996 Regulations. The section has been updated to more clearly provide for an application process to extend the duration of a building approval.
- For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the word (i.e. a calendar day), rather than a business day, which is a defined term under the Act.

Section 27 – Consent for applications not made by airport-lessee company

Section 27 sets out the process for an applicant other than an airport-lessee company to seek consent from an airport-lessee company prior to submitting an application for building approval to the airport building controller:

Subsection 27(1) sets out that the applicant must give a copy of the application to the airport-lessee company.
Subsection 27(2) sets out that, subjection to section 28, the airport-lessee company must consent to the application, consent to the application subject to any conditions it considers appropriate, or refuse to consent to the application.
Subsection 27(3) sets out the airport-lessee company must give written notice of its decision to the applicant, and the airport building controller for the airport site. If consent is refused, the notice must set out the reasons for the decision.
Subsection 27(4) sets out that notice must be given before the end of 28 days after the airport-lessee company receives the application, or a longer period agreed with the applicant.
Subsection 27(5) sets out that consent is taken to have been refused if written notice has not been provided at the end of the period under subsection 27(4).

This section is intended to have largely the same effect as regulation 2.03 in the 1996 Regulations.
- For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the word (i.e. a calendar day), rather than a business day, which is a defined term under the Act.

Section 28 – Considerations for grant or refusal of consent

Section 28 sets out matters that an airport-lessee company must consider when granting or refusing consent for a building approval:

Subsection 28(1) sets out that an airport-lessee company must not refuse consent to the application unless it is inconsistent with the final master plan for the airport (if any), an approved major development plan for the airport (if any), or the airport‑lessee company’s planning objectives for the airport.
The subsection also sets out specific requirements in relation to Sydney West Airport in specific instances where the building activity occurs wholly or partly before the Sydney West Airport completion day – in these instances the airport-lessee company must not refuse consent to the application unless it is inconsistent with the relevant part of the airport plan for Sydney West Airport.
Subsection 28(2) sets out that in determining whether to refuse consent because a proposed building activity is inconsistent with a plan outlined under subsection 28(1), the airport-lessee company must have regard to the significance of the inconsistency.
Subsection 28(3) sets out that in determining whether to refuse consent because a proposed building activity is inconsistent with the airport-lessee company’s planning objectives for the airport, the airport-lessee company must have regard to the significance of the inconsistency, and in particular, a range of matters specified in the subsection.
This includes matters such as the type, location, shape, size, height, density, design and external appearance of the development, the relationship the results of the activity will have on other existing and approved developments on adjoining land at the airport, the proposed means of entrance to, and entrance from the development, and adequate provisions relating to vehicle movements, the management of vehicle and pedestrian travel, and environmental impacts.
Subsection 28(4) sets out that that the airport-lessee company must not refuse consent to the application if, to do so, would be inconsistent with an obligation of the airport-lessee company under subsections 22(2), 22(3), 26(2) or 26(3) of the Airports (Transitional Act) 1996, or in the case of the airport-lessee company for Sydney West Airport – under a contract with the Commonwealth that relates to the Sydney West Airport. Subsection 28(5) provides for subsection 28(4) applying despite subsection 28(1). This subsection is intended to ensure that the

airport-lessee company can meet its obligations under these arrangements, even if to do so would be inconsistent with requirements under subsection 28(1).

Subsection 28(6) sets out the matters the airport-lessee company may have regard to in determining whether it is appropriate to grant consent subject to conditions. These include the safety and security of persons at the airport, and airport services and the efficient operation of the airport.

Section 28 is intended to have largely the same effect as regulation 2.04 in the 1996 Regulations. References to ‘final environment strategy for the airport’ have been removed. When the 1996 Regulations were made, the environment strategy was a separate document each airport-lessee company was required to produce, alongside a master plan. The final environment strategy is now located in the final master plan for the airport, and the references to a separate document have been removed on that basis.

Section 29 – Declarations confirming consistency of applications with plans

Section 29 sets out that an application for a building approval must be supported by an application from the airport-lessee company for the airport site that as to whether the application is consistent with the final master plan for the airport site, a relevant approved major development plan, or the equivalent plans for Sydney West Airport where the building activity occurs wholly or partly before the Sydney West Airport completion day.
Section 29 is intended to have largely the same effect as subregulations 2.05(2) to 2.05(5) in the 1996 Regulations. References to ‘final environment strategy for the airport’ have been removed. When the 1996 Regulations were made, the environment strategy was a separate document each airport-lessee company was required to produce, alongside a master plan. The final environment strategy is now located in the final master plan for the airport, and the references to a separate document have been removed on that basis.

Sections 30 – 31 – Requirement to publish details of applications, and details of decisions

These sections set our requirements for airport-lessee companies to publish information about applications for building approvals to carry out building activity on the airport site, and decisions about these applications.
Subsection 30(1) outlines that an airport-lessee company must publish information in relation to an application for a building approval on the airport site. The subsection also specifies the type of information that must be published.

This includes the name of the applicant, the day on which the airport-lessee company either submitted the application (if the company is the applicant) or received the application (if the company is not the applicant), a description of the proposed building activity, and its location on the airport site.

Subsection 30(2) outlines that this information must be published on the airport’s website within 5 business days of the airport-lessee company submitting the application (if the company is the applicant) or receiving the application (if the company is not the applicant).
- For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the word (i.e. a calendar day), rather than a business day, which is a defined term under the Act.
Subsection 31(1) outlines that an airport-lessee company must publish information about various events outlined in subsection 31(2) relating to an application for a building approval on the airport site. The subsection also specifies the type of information that must be published, including details of the event, and the day on which the event occurred.
Subsection 31(2) outlines the events about which information must be published, including:

the applicant varying or withdrawing the application under subsection 20(1);
the airport building controller making a decision on the application under subsection 21(1);
the application is taken to have been refused under subsection 21(9);
the airport-lessee company consents, or refuses to consent to the application under subsection 27(2); and
the consent of the airport-lessee company to the application is taken to have been refused under subsection 27(5).

Subsection 31(3) outlines that this information must be published on the airport’s website within 5 business days of the event occurring.
- For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the word (i.e. a calendar day), rather than a business day, which is a defined term under the Act.
These sections are intended to have largely the same effect as regulations 2.04A and 2.04B in the 1996 Regulations. Subsection 31(2) has been updated to include a requirement to publish information in the event an applicant varies the application. The 1996 Regulations only included this requirement if an application was withdrawn by the applicant, but not if it was varied.

Section 32 – Conditions of building approvals

Section 32 sets out conditions that are imposed on building approvals that authorise the carrying out of a building activity on an airport site.
Section 32 is intended to have largely the same effect as regulation 2.17 in the 1996 Regulations. Updates have been made to refer to the requirements imposed in the section as ‘conditions’ rather than ‘duties’ to better align the Regulations with provisions under paragraph 100(1)(b) of the Act, and to streamline provisions relating to inspection stages, which is now a term defined in section 4 of the Regulations.

In addition, the section has been updated to provide that the airport building controller may request detailed drawings of the resulting construction, and this information must be provided on request. The 1996 Regulations required this information be provided before the end of six months after practical completion of the building activity.
This update streamlines administrative requirements and reduces the need to provide effectively duplicative plans, noting that buildings are generally constructed in a manner consistent with the plans provided as part of the application for building approval.

Section 33 – Airport building controller may impose further conditions

Section 33 section sets out that an airport building controller may impose further conditions on a building approval, where necessary.
- While these further conditions may be imposed at any time, there are a limited number of further conditions that may be proposed, which are intended to be used to ensure activities are not carried out at specified times to reduce disruption of other activities on the airport, where there is a need to protect persons from injury or property from damage, or to ensure that activities which are considered to be a significant contravention of the Act or the Regulations are halted.
Subsection 33(1) sets out that the airport building controller may impose these further conditions at any time.
Subsection 33(2) outlines the further conditions that may be imposed, including:

a condition that the activity, or certain kinds of activities, not be carried out at specified times, being times at which other activities at the airport should not be disrupted;
a condition that the airport building controller considers to be appropriate to protect persons from injury, or property from damage, while the activity is being carried out; and
if the airport building controller considers that the carrying out of an activity by a person is a significant contravention of the Act or this instrument – a condition that the person stops carrying out that activity.

Subsection 33(3) sets out that subsection 33(2) does not limit paragraph 21(1)(b) of the Regulations.
Section 33 is intended to have largely the same effect as regulation 2.18 in the 1996 Regulations. Updates have been made to:

Refer to these requirements as ‘conditions’ rather than ‘additional powers’. This revision is intended to better align the Regulations with provisions under paragraph 100(1)(b) the Act.

Update references to issuing stop work orders to instead enable an airport building controller to impose a condition that a person stops carrying out an activity. This update is to better align the Regulations with relevant provisions in the Act, noting that authorised persons may issue a remedial direction under section 103 of the Act if a condition of a building approval is contravened.

Include subsection 33(3) to clarify that subsection 33(2) does not limit conditions that an airport building controller may place on building approval under paragraph 21(1)(b) of the Regulations. This inclusion is for the avoidance of doubt, noting conditions outlined in section 33 were instead referred to as duties under the 1996 Regulations.

Section 34 – Application to vary building approval

Section 34 sets out the application process for a variation of a building approval, including who may apply for a variation of a building approval, and providing for how the application must be made, what should be included in the application, and fees that must be paid in relation to the application.
Subsection 34(1) outlines who may apply for a variation of a building approval. These are the same people who may make an application for a building approval outlined in section 14 of the Regulations.
Subsection 34(2) sets out that the application must be made electronically through the online lodgement facility, include notice of the variation being sought, and be made before a certificate of compliance relating to the approval is issued.
Subsection 34(3) sets out application fees the applicant must pay in respect of the application. Fees remain as outlined in the 1996 Regulations.
Subsection 34(4) sets out that an application is properly made if subsection 34(2) and subsection 34(3) are complied with.
Section 34 is intended to have largely the same effect as subregulations 2.16(1) and 2.16(2A) of the 1996 Regulations. Updates have been made to:

clarify who may apply to vary a building approval (which are the same people who may make an application for a building approval outlined in section 14);
provide for applications to be made via electronic submission through an online lodgement facility, rather than assuming applications are physically provided in writing to the relevant airport building controller;
clarify that applications must be made before a certificate of compliance relating to the approval is issued; and
clarify when an application may be considered properly made.

Section 35 – Further information

Subsection 35(1) provides for the airport building controller to request by written notice, further information if it is reasonably required to determine the application to vary a certificate of compliance.
Subsection 35(2) provides for the airport building controller to request this information from the applicant, or if the airport-lessee company for the airport site has the information, the airport-lessee company.
Subsection 35(3) sets out that if the notice specifies a period within which the information must be given, the airport building controller may extend this period on the request of the applicant. The subsection also sets out that the period may be extended more than once.
Subsection 35(4) makes clear that the airport building controller need not make a decision on the application until the requested information is provided.
Subsection 35(5) provides that an airport building controller may, by written notice, withdraw a request for further information made under subsection 35(1).

This subsection is included to provide a mechanism for withdrawal of a request for further information where necessary, for example, in instances where the applicant is genuinely unable to provide the requested information.

Section 35 has been included to clarify that the airport building controller may seek further information before deciding an application to vary a building approval. No equivalent provisions were included in the 1996 Regulations relating to an application to vary a building approval, but were included for an application for a building approval. This inclusion provides greater consistency between the two processes.

Section 36 – Airport building controller to decide application

Section 36 sets out how the airport building controller must deal with the application.
Subsection 36(1) sets out that the airport building controller must deal with an application that is properly made under section 34 by:

granting the varied building approval;
granting the varied building approval subject to any condition the airport building controller determines to be appropriate;
undertaking to the applicant that the varied building approval will be granted if the applicant complies with any direction in the undertaking, or
refusing to grant the varied building approval.

Subsection 36(2) sets out that the airport building controller must not approve the application if:

the variation will significantly alter the character, size or impact of the building activity, or the resulting development;
if the building activity is on the airport site for an airport other than Sydney West Airport – the variation relates to a major airport development and there is no major development plan approved for the development; or
if the building activity is on the airport site for Sydney West Airport, the variation relates to a major airport development and there is no major development plan approved for the development, and the development is not covered by Part 3 of an airport plan for the airport if the building activity occurs wholly or partly before the Sydney West Airport completion day.

Subsection 36(3) sets out that the airport building controller must give written notice of the decision to the applicant, and the airport-lessee company for the airport site (if the applicant is not the airport-lessee company).
Subsection 36(4) sets out that the notice must specify any altered inspection stages for the building activity, and include a statement of reasons for the decision if the decision is to grant the varied building approval subject to conditions, or to refuse to grant the varied building approval.
Subsection 36(5) sets out that the airport building controller is taken to have refused to grant a varied building approval if the airport building controller has not given the applicant notice of its decision within 21 days after the later of the following:

receiving the application;
if further information is requested under subsection 35(1) (and the request has not subsequently been withdrawn under subsection 35(5)) – the further information is received; or
a request for further information under subsection 35(1) is withdrawn under subsection 35(5).

Section 36 is intended to have largely the same effect as subregulation 2.16(2) and subregulations 2.16(3) to 2.16(5) in the 1996 Regulations. Updates have been made to more explicitly provide for the airport building controller to decide an application, and to provide notice of this decision. The section has also been updated to account for further information provisions now included in section 35 in determining when a decision to grant a varied building approval is taken to have been refused.

Section 37 – Airport building controller may revoke building approval

Section 37 sets out that the airport building controller for an airport site may revoke a building approval, and the instances where the airport building controller may revoke a building approval.
Subsection 37(1) sets out that the airport building controller may revoke a building approval in the below circumstances:

the activity has not begun before the end of the 2-year period beginning on the day the approval was granted, and in the opinion of the airport building controller, is not likely to begin before the approval ceases to have effect;
the activity has ceased, and in the opinion of the airport building controller, is not likely to be resumed;
the activity is not being carried out, or can no longer be carried out in accordance with a plan, specification or standard in respect to which the approval was granted, a condition of the approval, or applicable Australian building standards;
the airport building controller is satisfied that the application, or a document or statement supplied in support of the application, was false or misleading;
the person carrying out the activity fails to comply with a condition of the approval; or
the activity has not ceased, or has recommenced without the written consent of the airport building controller, in contravention of a condition to stop work under paragraph 33(2)(c) of the Regulations, or a remedial direction under section 103 of the Act.

Subsection 37(2) sets out that the airport building controller may revoke the building approval on the request of the person who holds the approval.
Section 37 is intended to have largely the same effect as regulation 2.20 in the 1996 Regulations. The section has been updated to reflect that paragraph 33(2)(c) now enables an airport building controller to impose a condition that a person stops carrying out an activity. This update is to better align the Regulations with relevant provisions in the Act, noting that authorised persons may issue a remedial direction under section 103 of the Act if a condition of a building approval is contravened.

Section 38 – 39 – Register of applications and oversight of approval process

These sections set out requirements to keep a register of applications relating to building approvals, and to provide for authorised persons to undertake activities to oversee building approval processes.
Subsection 38(1) sets out that the department must maintain a register of applications made through the online lodgement facility for building approvals to authorise the carrying out of building activities on airport sites, and variations of such building approvals.
Subsection 38(2) sets out that the register must show the result of each application, and for each approved application, the conditions imposed on the approval.
Subsection 38(3) sets out that the airport building controller, and other authorised persons, may access entries on the register relating to building activities on an airport site.
Section 38 is intended to replace regulation 2.21 of the 1996 Regulations. The 1996 Regulations included provisions required the airport building controllers to keep a register of applications, and provide the Secretary or other authorised officer access to inspect the register after being given reasonable notice. This section has been updated to instead require the department to maintain a register of applications made through the online lodgement facility, including providing for airport building controllers and authorised persons to have access to the register.
Section 39 provides for the monitoring of approvals granted by an airport building controller for an airport site of building activities carried out on the airport site.
Subsection 39(2) sets out that an authorised person may require by written notice from the airport building controller, copies of an application for a building approval made to the airport building controller, and any document or other thing given by the applicant in support of the application, made by the controller in connection with the application, or made by a person (other than the airport building controller) in connection with the application that is in the possession of the airport building controller.
Subsection 39(3) sets out that the airport building controller must comply with the notice before the end of 28 days after it is given.
- For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the word (i.e. a calendar day), rather than a business day, which is a defined term under the Act.
Subsection 39(4) provides that the airport building controller must give an authorised person access to inspect a building activity being carried out on the airport site at any reasonable time, after 2 days written notice given to the airport building controller, and the person carrying out the building activity.
- For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the word (i.e. a calendar day), rather than a business day, which is a defined term under the Act.
Section 39 is intended to have largely the same effect as regulation 2.22 in the 1996 Regulations. Provisions enabling the Secretary to appoint authorised persons that were included under subregulation 2.22(5) in the 1996 Regulations are now included under section 81 in the Regulations.

Section 40 – Inspections – airport building controller to be timely

Section 40 sets out that if work in relation to a building activity must be stopped until the airport building controller for the airport site has made an inspection, the airport building controller must make the inspection as soon as is reasonably practical.
Section 40 is intended to have largely the same effect as regulation 2.23 in the 1996 Regulations. Updates have been made to reflect that inspections may be required under specific provisions in the Regulations, as a condition imposed on an approval, or under the Act (for example if an authorised person issues a remedial direction under section 103 of the Act if a condition of a building approval is contravened).

Sections 41 – 42 – Sydney West Airport and associated matters

Sections 41 and 42 set out specific requirements in relation to approvals for building activities at Sydney West Airport.
Section 41 has been included to simplify paragraph 19(1)(b), subsection 21(6), subsection 21(8) and paragraph 21(9)(a) of the Regulations, and to ensure that the Regulations retain the same intended effect as the 1996 Regulations in relation to building activities at Sydney West Airport:

Subsection 41(1) sets out that specific provisions in subsection 41(2) do not apply in relation to an application for a building approval to authorise the carrying out of a building activity that is proposed to be carried out on the airport site for Sydney West Airport, is, or comprises part of a development covered by Part 3 of an airport plan for the airport, and is to wholly or partly occur before the Sydney West Airport completion day.
Subsection 41(2) sets out that these provisions include subsections 19(1)(b), subsection 21(6), subsection 21(8) and paragraph 21(9)(a).

Section 42 is included to clarify activities taken to be a building activity for the purposes of this instrument in relation to Sydney West Airport. This includes a building activity that is, or comprises part of, an ancillary development on an associated site for Sydney West Airport, where the ancillary development is covered by Part 3 of an airport plan for the airport.
Section 42 is intended to have largely the same effect as regulation 2.26 in the 1996 Regulations.

Part 3 – Certificates of compliance

This Part has been updated to more closely align with provisions in the Act, and meet modern drafting standards, while generally maintaining the intent and effect of the 1996 Regulations they replace. The Part has been reordered to more logically flow through the certificate of compliance application and decision process.
This Part has been made under section 107 of the Act, which provide for regulations that may make provisions for and in relation to certificates of compliance, including:

the issue of certificates of compliance stating that a building, structure, earthworks, engineering works, hydraulic works or eligible alteration is to be treated as complying with the regulations;
conditions of such certificates of compliance (which can include the carrying out of inspections);
revocation, variation or surrender of certificates of compliance;
fees in respect of applications for certificates of compliance; and
in a case where an airport lease is transferred – the transfer of a certificate of compliance to the transferee.

The regulations made for these purposes may make provision for or in relation to a matter relating to certificates of compliance by applying, adopting or incorporating (with or without modification), any matter contained in:

the Building Code of Australia;
the Building Code of Australia as it applies in a particular State;
a law of a State;
a standard proposed or approved by Standards Australia;
a standard made by, or by an authority of, the United States of America; or
a standard made by, or by an authority of, a member state of the European Union;

as in force or existing from time to time.

Section 43 – Simplified outline of this Part

Section 43 describes the purposes of Part 3 of the Regulations to assist readers in understanding and navigating the instrument. Part 3 covers sections 43 to 63 (inclusive) of the Regulations. The purpose of this Part is to:

declare the kinds of buildings that may be occupied without a certificate of compliance (or similar certificate or document) being issued; and
provide for the issue of certificates of compliance that authorise the occupancy or use of buildings or works, and matters relating to such certificates.

Section 44 – References to building and building or works in this Part

Section 44 makes clear that a building includes a part of a building for the purposes of Part 3. This definition is retained from regulation 3.01 in the 1996 Regulations, and is intended as an intentional signpost to demonstrate that certificates of compliance can be issued at various stages for building construction, and that certificates of compliance may be issued for parts of a building or works.
The section has also been updated to make clear that a reference to a building or works in this Part also includes a reference to eligible alterations in respect to a building or works. Eligible alterations are defined in section 105 of the Act, for the purposes of Subdivision D of Division 5 of Part 5 of the Act. In 2025, they included:

alterations of the structure of a building or other structure (i.e. a building for the purposes of the Regulations); and
alteration of earthworks, engineering works, electrical works or hydraulic works (i.e. works for the purposes of the Regulations).

This addition clarifies that matters relating to buildings or works in this Part also includes references to eligible alterations of buildings or works. This is to ensure consistency with the approach for buildings and works taken in Part 2 of the Regulations, were building approvals may relate to a building (or part of a building), or work (or part of a work), and to make clear that the Regulations also cover activities in relation to these eligible alterations (which would only cover a part of a building or work).

Section 45 – Buildings and works declared to be exempt

Section 45 outlines buildings and works (including eligible alterations) that are declared to be exempt for the purposes of paragraphs 106(1)(e), and 106(4)(e) of the Act. These subparagraphs of the Act provide for the Regulations to declare kinds of buildings or works to be exempt from Subdivision D of Division 5 of Part 5 of the Act, which relates to certificates of compliance.
Buildings, works and eligible alterations outlined in section 45 of the Regulations do not require a certificate of compliance to be issued in relation to the building, works, or eligible alterations. The forms of exempt buildings, works and eligible alterations largely remain as outlined in regulation 3.16. of the 1996 Regulations.
Paragraphs 45(1)(a) to 45(1)(c) are intended to provide for the continued occupation and use of buildings, and works (including eligible alterations) that were completed before the airport site was first leased, providing they continue to have the use they had immediately before the airport site was first leased, and that they have been appropriately maintained in a manner consistent with the structural needs of that use. These paragraphs are consistent with regulation 3.16 in the 1996 Regulations.
Paragraph 45(1)(d) provides that 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 is also declared to be exempt from Subdivision D of Division 5 of Part 5 of the Act.

This provision has been added to clarify that a certificate of compliance is not required for a building or works on an airport site (or the repair or alteration of a building or works on an airport site) that do not require building approval under Part 2 of the Regulations.

Subsection 45(2) provides that the first lease of an airport site is the first lease granted for the airport site under the Airports (Transition) Act 1996, or if an airport lease for the airport site was not granted under the Airports (Transition) Act 1996, the Act. This is consistent with regulation 3.16 under the 1996 Regulations.

The latest versions of these Acts are available on the FRL (https://www.legislation.gov.au).

Specific exemptions relating to building activities relating to Sydney West Airport outlined in regulation 3.17 of the 1996 Regulations are spent, and have been repealed.

Section 46 – Application for certificate of compliance

Section 46 sets out the process for applying for a certificate of compliance for a building or works on an airport site.
Subsection 46(1) sets out who may apply for a certificate of compliance. These include the airport-lessee company of for the airport site, the person carrying out the building activity that has resulted in the building or works, or 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.
Subsection 46(2) sets out that the application must be made to the airport building controller through the online lodgement facility.
Subsections 46(3) and 46(4) set out fees to be paid in respect to applications for certificates of compliance in instances where the building or works are not the subject of a building approval given by the airport building controller. These subsections specify how the fee is to be determined:

To determine the fee, the airport building controller must estimate the amount of time required to carry out investigations as to whether the building or works may be treated as complying with the instrument, and the applicant must pay 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.
In making this estimate, the airport building controller must invite the applicant to comment on the investigation, and in particular the time required to carry out the investigation, and take into account any comments made by the applicant.

Subsection 46(5) sets out that an application is properly made if subsection 46(2) is complied with, and in the case that the applicant is required to pay a fee under subsection 46(3), paragraph 46(3)(b) is complied with.
Section 46 is intended to have largely the same effect as regulation 3.02 in the 1996 Regulations. Fees remain as outlined in the 1996 Regulations. The section has been updated to clarify when an application may be considered properly made.

Section 47 – Further information

Subsection 47(1) provides for the airport building controller to request from the applicant, by written notice, further information if it is reasonably required to determine the application for a certificate of compliance.
Subsection 47(2) sets out that if the notice specifies a period within which the information must be given, the airport building controller may extend this period on the request of the applicant. The section also sets out that the period may be extended more than once.
Subsection 47(3) makes clear that the airport building controller need not make a decision on the application until the requested information is provided.
Subsection 47(4) provides that airport building controller may, by written notice, withdraw a request for further information made under subsection 47(1).

This subsection is included to provide a mechanism for withdrawal of a request for further information where necessary, for example, in instances where the applicant is genuinely unable to provide the requested information.

Section 47 has been included to clarify that the airport building controller may seek further information before deciding an application. No equivalent provisions were included in the 1996 Regulations relating to certificates of compliance, but were included for building approvals. This inclusion provides greater consistency between the two processes.

Section 48 – Variation or withdrawal of application

Section 48 sets out the process for varying an application for a certificate of compliance that has not yet been decided by an airport building controller. This includes:

providing for the amendment or withdrawal of an application before the airport building controller has made a decision on the application for a certificate of compliance;
providing that the variation or withdrawal must be made to the airport building controller by notice through the online lodgement facility;
providing that in instances where the applicant is varying an application, and the estimated cost of investigating whether the building or works are to be treated as complying with this instrument would be greater than the costs of investigating that matter according to the original application, then the applicant must pay a fee in respect of the notice of the difference in the fee payable for the original application and the fee that would have been payable for the application as varied; and
providing that if an application is withdrawn, the Commonwealth must refund the fee originally paid for the application.

Section 48 is intended to have largely the same effect as regulation 3.03 in the 1996 Regulations. The section has been updated to account for the electronic submission of applications through the online lodgement facility.
The section has also been updated to:

provide for payment of any difference in fees in instances where a varied application results in the estimated cost of investigating whether the building or works are to be treated as complying with this instrument being greater than for the original application; and
require the refund of any application fee in the event that an application is withdrawn.

These updates are intended to provide greater consistency in treatment of fees and refunds between processes for varying and withdrawing an application for a building approval, and varying and withdrawing an application for a certificate of compliance.

Section 49 – Airport building controller to decide application

Section 49 sets out the process for an airport building controller to decide an application for a certificate of compliance.
Subsection 49(1) sets out how the airport building controller must deal with an application that has been properly made under section 46, either by:

issuing the certificate of compliance;
issuing the certificate of compliance subject to any condition the airport building controller determines to be appropriate; or
refusing to issue the certificate of compliance.

Subsection 49(2) specifies that this decision is subject to subsections 49(3) and 49(4), and section 50 of the Regulations, which sets out matters and criteria that must be considered in deciding an application. Further information on these sections are outlined below.
Subsection 49(3) sets out that if, under the Building Code, different parts of a building are differently classified, the airport building controller may issue one certificate for the building, or different certificates for different parts of the building.
Subsection 49(4) sets out that if the airport building controller is satisfied under subsection 49(1), in respect to only part of the building or works, the airport building controller may issue a certificate for that part.
Subsections 49(5) and 49(6) set out that the airport building controller must give written notice of the decision to the applicant, and if the decision is to issue the certificate subject to conditions, or to refuse to issue the certificate, the notice must include a statement of reasons for the decision.
Subsection 49(7) sets out that the airport building controller is taken to have refused to issue a certificate of compliance if notice of a decision has not been given to the applicant within 14 days after the later of the following:

the application is received;
if further information has been requested under subsection 47(1) (and not withdrawn under subsection 47(4)) – the further information is received; or
a request for further information under subsection 47(1) is withdrawn under subsection 47(4).

Section 49 is intended to have largely the same effect as subregulation 3.04(2), and subregulations 3.04(5) through to 3.04(8) in the 1996 Regulations. This section has been updated to clarify content to be included in the decision notice, and require that when a notice is provided to the applicant, it is also provided to the airport-lessee company (in instances where the airport-lessee company is not the applicant).
These updates ensure that the notification requirements for issuing certificates of compliance are consistent with requirements for building approvals, and ensures that the airport-lessee company for the airport site is notified of all decisions relating to certificate of compliance issued for buildings and works on the airport site.
The section has also been updated to account for further information provisions now included in section 47 of the Regulations in determining when a decision to issue a certificate of compliance is taken to have been refused.
- For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the word (i.e. a calendar day), rather than a business day, which is a defined term under the Act.

Section 50 – Criteria for approval

Section 50 sets out criteria that must be satisfied for an airport building controller to approve an application for a certificate of compliance.
Subsection 50(1) and 50(2) set out criteria that must be satisfied for an airport building controller to approve an application for a certificate of compliance.
For all building and works, this includes being satisfied that:

the building or works have been completed in accordance with plans and specifications submitted to the airport building controller with the application for building approval that authorised the building activity that resulting in the building or works;
the building or works as completed make proper provision, in accordance with the Australian building standards, for the health and amenity, safety and comfort of any occupants or users;
the building or works as completed can reasonably be used for their intended purpose; and
the building or works as completed have been carried out in compliance with the Australian building standards, or that the airport building controller has approved the non‑compliance.

For applications relating to a building, this includes being satisfied that the building as completed:

is consistent with the applicable building approval;
has been carried out in accordance with the Australian building standards in relation to the building activity; and
makes adequate provision, in its proposed use, for the protection of occupants against fire, for the disposal of refuse, for sewerage, drainage, heating and cooling, and for services, installations and ancillary equipment likely to be required by users.

For applications relating to works, this includes being satisfied that the works as completed are consistent with the applicable building approval.
Subsection 50(3) sets out that the airport building controller may rely on a certificate issued, or report prepared, by an appropriate building expert or a regulatory authority to be satisfied of a matter in this section.
Section 50 is intended to have largely the same effect as subregulations 3.04(3) and 3.04(4), and regulations 3.05 and 3.06 in the 1996 Regulations.
Updates have been made to:

better align with terminology relating to building health and amenity requirements outlined in the Building Code; and
enable an airport building controller to more explicitly approve a non-compliance if a building or work has not been carried out in compliance with the Australian building standards.

This update has been made as the 1996 Regulations included provisions requiring a certificate of compliance to include information on whether or not an airport building controller is satisfied that the building or work, as completed, complies with the relevant Australian building standards, and if the building or work does not comply with the relevant standard, that this has been approved by the airport building controller, but did not explicitly provide for the airport building controller to make this determination as part of deciding a certificate of compliance.
The Regulations still require a certificate of compliance to include a statement that the airport building controller is satisfied that the criteria for approval have been met (including consideration of whether a building or work as completed, complies with the relevant Australian building standards, and if the building or work does not comply with the relevant standard, that this has been approved by the airport building controller), to ensure this information is still included in certificates of compliance.

Section 51 – Content of certificate of compliance

Section 51 sets out information to be included in a certificate of compliance. A certificate of compliance for a building or works must:

identify the building or works;
identify the land on which the building activities resulting in the building or works were carried out;
set out any conditions of the certificate;
include a statement that the airport building controller is satisfied in relation to matters outlined in section 50; and
for a certificate in respect to a building – set out the classification of the building under the Building Code.

Section 51 is intended to have largely the same effect as regulation 3.08 in the 1996 Regulations. Updates have been made to:

Require the certificate of compliance to identify the land on which the building works were carried out, in addition to the building itself. This is intended to provide greater clarity, and reduce any ambiguity, in relation to the location for which the airport building controller has issued the certificate of compliance.
Ensure that the airport building controller considers that a building as completed, complies with Australian building standards, or that non-compliance with these standards has been approved, as part of deciding an application (rather than just stating in the content of the certificate as outlined in the 1996 Regulations).

Section 52 – Duration and transfer of certificate of compliance

Section 52 sets out the duration of a certificate of compliance, and provides for the transfer of a certificate of compliance.
Subsection 52(1) sets out that the certificate has effect from the time it is issued until the building or works cease to exist, or undergo an alteration that is not accommodated by the information on which the certificate is based, or until the certificate is revoked under section 58 or section 59 of the Regulations before it would otherwise cease to be in force.
Subsection 52(2) provides for the transfer of a certificate of compliance where there is a change of interest in the relevant building or works, with the successor in interest to be taken to be the holder of the certificate.
Section 52 is intended to have largely the same effect as regulation 3.11 in the 1996 Regulations. Subsection 52(2) replaces subregulation 3.11(2) in the 1996 Regulations, and more clearly provides for a transfer of a certificate of compliance when there is a change of interest in the relevant building or works.

Section 53 – Conditions of certificates of compliance

Section 53 outlines conditions that are imposed on certificates of compliance:

If the certificate is in respect of a building, the building must not be used for a purpose that is inconsistent with the classification of the building under the Building Code, and the building must be maintained in a condition that is consistent with that classification.
If the certificate is in respect of works, the works must not be used for a purpose that is inconsistent with the standards to which the works were constructed, and the works must be maintained in a condition that is consistent with their use.

Section 53 is intended to have largely the same effect as regulation 3.07 in the 1996 Regulations. References to ‘duties’ attached to a certificate of compliance have been changed to instead reference ‘conditions’ attached to a certificate of compliance, to better align the Regulations with provisions in the Act.

Section 54 – Application to vary certificate of compliance

Section 54 sets out the process for applying to vary a certificate of compliance after it has been issued by an airport building controller.
Subsection 54(1) sets out who may apply to vary a certificate of compliance. These include the airport-lessee company for the airport site, holder of the certificate, or 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.
Subsection 54(2) sets out that the application must be made to the airport building controller through the online lodgement facility.
Subsections 54(3) and 54(4) set out fees to be paid in respect to applications to vary certificates of compliance in instances where the building or works are not the subject of a building approval given by the airport building controller. These subsections specify how the fee is to be determined:

To determine the fee, the airport building controller must estimate the amount of time required to carry out investigations as to whether the building or works may be treated as complying with the instrument, and the applicant must pay 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.
In making this estimate, the airport building controller must invite the applicant to comment on the investigation, and in particular the time required to carry out the investigation, and take into account any comments made by the applicant.

Subsection 54(5) sets out that an application is properly made if subsection 54(2) is complied with, and if an applicant is required to pay a fee under subsection 54(3), paragraph 54(3)(b) is complied with.
Section 54 is intended to have largely the same effect as subparagraph 3.10(1)(a), and subregulations 3.10(1A) and 3.10(1B) in the 1996 Regulations. Fees remain as outlined in the 1996 Regulations. Subsection 54(5) has been included to make clear when an application is properly made.

Section 55 – Further information

Subsection 55(1) provides for the airport building controller to request from the applicant, by written notice, further information if it is reasonably required to determine the application to vary a certificate of compliance.
Subsection 55(2) sets out that if the notice specifies a period within which the information must be given, the airport building controller may extend this period on the request of the applicant. The section also sets out that the period may be extended more than once.
Subsection 55(3) makes clear that the airport building controller need not make a decision on the application until the requested information is provided.
Subsection 55(4) provides that airport building controller may, by written notice, withdraw a request for further information made under subsection 55(1).

This subsection is included to provide a mechanism for withdrawal of a request for further information where necessary, for example, in instances where the applicant is genuinely unable to provide the requested information.

Section 55 has been included to clarify that the airport building controller may seek further information before deciding an application. No equivalent provisions were included in the 1996 Regulations relating to certificates of compliance, but were included for building approvals. This inclusion provides greater consistency between the two processes.

Section 56 – Airport building controller to decide application

Section 56 sets out the process for an airport building controller to decide an application to vary a certificate of compliance, after receiving an application.
Subsection 56(1) sets out how the airport building controller must deal with an application that is properly made under section 54, either by:

issuing the varied certificate;
issuing the varied certificate subject to any condition the airport building controller determines to be appropriate; or
refusing to issue the varied certificate.

Subsection 56(2) specifies that when making this decision, the airport building controller must take into account the matters mentioned in section 48 of the Regulations as if the airport building controller were considering the application for the issue of the original certificate.
Subsections 56(3) and 56(4) set out that the airport building controller must give written notice of the decision to the applicant, and if the applicant is not the airport‑lessee company, the airport‑lessee company, and if the decision is to issue the varied certificate subject to conditions, or to refuse to issue the varied certificate, the notice must include a statement of reasons for the decision.
Subsection 56(5) sets out that the airport building controller is taken to have refused to issue a varied certificate of compliance if notice of a decision has not been given to the applicant within 14 days after the later of the following:

the application is received;
if further information has been requested under subsection 55(1) (and the request has not subsequently withdrawn under subsection 55(4)) – the further information is received; or
a request for further information under subsection 55(1) is withdrawn under subsection 55(4).

Section 56 is intended to have largely the same effect as subregulations 3.10(2) and 3.10(3) in the 1996 Regulations. The section has been updated to account for the electronic submission of applications through the online lodgement facility, and more explicitly provide for a decision by the airport building controller, and the issue of a written notice associated with this decision.
The section has also been updated to account for further information provisions now included in section 55 of the Regulations in determining when a decision to issue a varied certificate of compliance is taken to have been refused. This treatment is consistent with the approach taken for applications for building approvals.
- For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the word (i.e. a calendar day), rather than a business day, which is a defined term under the Act.

Section 57 – Airport building controller may vary certificate of compliance on own initiative

Section 57 sets out the process for an airport building controller to decide to vary a certificate of compliance, without receiving an application, where necessary in the public interest.
Subsection 57(1) sets out that the airport building controller may, of their own initiative, issue a varied certificate, or issue a varied certificate subject to any condition the airport building controller determines to be appropriate. The airport building controller may make these decisions if satisfied that the variation, or the imposition of the condition, is necessary in the public interest to ensure that buildings or works are safe for occupancy or use.
Subsection 57(2) sets out that the airport building controller must give written notice of the decision, and the reasons for the decision, to the holder of the certificate, and if the holder of the certificate is not the airport‑lessee company, the airport‑lessee company.
Section 57 is intended to have largely the same effect as paragraph 3.10(1)(b) and subregulation 3.10(2) in the 1996 Regulations. The section has been split out from the regulation 3.10 in the 1996 Regulations to make requirements for each process clearer, and updated to clarify that written notice is required.

Section 58 – Airport building controller may revoke certificate of compliance

Section 58 sets out that the airport building controller for an airport site may revoke a certificate of compliance, and the instances where the airport building controller may revoke a certificate of compliance.
Subsection 58(1) sets out that the airport building controller may revoke a certificate of compliance in the below circumstances:

the building or works cease to be suitable for the purpose mentioned in the certificate;
the airport building controller is satisfied that the application, or a document or statement supplied in support the application, for the certificate, was false or misleading in a material particular; or
the holder fails to comply with a condition of the certificate imposed by the operation of section 53.

Subsection 58(2) sets out that the airport building controller must give written notice of the decision to the holder of the certificate, and if the holder of the certificate is not the airport‑lessee company, the airport‑lessee company.
Section 58 is intended to have largely the same effect as subregulation 3.12(1) in the 1996 Regulations. The section has been updated to clarify that written notice of the decision must be provided.

Section 59 – When certificate of compliance is taken to be revoked

Section 59 sets out that a certificate of compliance is also taken to be revoked when:

another certificate of compliance is issued for the building or works (in the case where that certificate was the only certificate issued for the building or works); or
another certificate of compliance is issued for a part of the building or works (in the case where that certificate was issued for a part of the building or works) (including an amalgamated certificate issued under section 60 that covers other parts of the building or works).

Section 59 is intended to have largely the same effect as subregulation 3.12(2) in the 1996 Regulations. The section has been updated to more effectively account for situations where separate certificates of compliance have been issued for a part of a building or works.

Section 60 – Airport building controller may issue certificates of compliance in place of previous certificates

Section 60 provides for the airport building controller to issue certificates of compliance in instances where previous certificates of compliance have been issued for different parts of a building or works during construction.
Subsection 60(1) makes clear that this section applies in instances where the airport building controller has, during the construction of building or works, issued separate certificates of compliance for different parts of the building or works.
Subsection 60(2) provides that in these circumstances, the airport building controller may issue:

a certificate of compliance for the building or works as completed, in place of the previously issued certificates for the building or works;
a certificate for the parts of the building or works as completed that have the same classification under the Australian building standards, in place of the previously issued certificates for those parts of the building or works; or
different certificates of compliance for the different parts of the building or works as completed.

Section 60 is intended to have largely the same effect as regulation 3.09 in the 1996 Regulations.

Section 61 – 62 – Other matters relating to certificates of compliance

Section 61 makes clear that the transfer or termination of an airport lease has no effect on a certificate of compliance.
Section 61 is intended to have largely the same effect as regulation 3.13 in the 1996 Regulations.
Section 62 makes clear that a certificate of compliance for a building or works is evidence that the building, or works, to which it applies may be occupied or used, but is not evidence that the airport building controller has authorised the building or works to be used for a particular purpose.
Section 62 is intended to have largely the same effect as regulation 3.15 in the 1996 Regulations.

Section 63 – Airport building controller may issue certified copy of a certificate of compliance

Section 63 sets out that an airport building controller may issue a certified copy of a certificate of compliance, to specific parties, in specific circumstances.
Subsection 63(1) outlines this section applies in circumstances where the airport building controller is satisfied that:

a certificate of compliance for a building or works on the airport site has been lost or destroyed;
the certificate is in force; and
the content of the certificate is readily attainable.

Subsection 63(2) provides that the airport building controller may issue a copy of a certificate of compliance to the holder of the certificate, or a person authorised (in writing) by the holder of the certificate to hold a copy.
Subsection 63(3) requires the airport building controller to endorse on the copy of the statement that the copy is a true copy of the original certificate.
Section 63 is intended to have largely the same effect as regulation 3.14 in the 1996 Regulations. The section has been updated to account for updates to section 51 of the Regulations, which now more explicitly provides for a transfer of a certificate of compliance when there is a change of interest in the relevant building or works.

Part 4 – Airport building controller

This Part has been updated to more closely align with provisions in the Act, and meet modern drafting standards, while generally maintaining the intent and effect of the 1996 Regulations they replace.
This Part is made for the purposes of Subdivisions C and D of Division 5 of Part 5 of the Act. These subdivisions relate to building approvals and certificates of compliance.

Section 64 – Simplified outline of this Part

Section 64 describes the purposes of Part 4 of the Regulations to assist readers in understanding and navigating the instrument. Part 4 covers sections 64 to 68 (inclusive) of the Regulations. The purpose of this Part is to:

provide for the appointment of airport building controllers for airport sites to approve building activities and certify the occupation and use of buildings or works constructed on airport sites; and
make provisions for other matters relating to airport building controllers.

Section 65 – Secretary may appoint airport building controller for an airport site

Section 65 sets out the process for the Secretary to appoint an airport building controller for an airport site.
Subsection 65(1) sets out the parties that the Secretary may appoint as an airport building controller for an airport site, including:

an authority of the Commonwealth;
an authority of the State in which the airport site is located;
a local government body; or
an individual, body or a corporation that is qualified under the law of the State in which the airport site is located to approve building activity or certify the fitness of buildings or works in the State, does not hold a stake of more than five per cent in the airport‑lessee company for the airport site, and (for corporations and bodies) in which the airport-lessee company for the airport site does not hold a stake of more than five per cent).

Subsection 65(2) makes clear that the Secretary may only appoint an authority of a State or a local government body if the State agrees to the appointment.
Subsection 65(3) sets out how an individual is taken to be qualified under the law of a State to approve building activities or certify the fitness of buildings or works in the State. Subsection 65(4) sets out how a body or corporation is taken to be qualified for this purpose.
Subsection 65(5) provides that the Secretary may appoint an individual, body or corporation for an airport site although not qualified under the law of the State in which the airport site is located to approve building activity or certify the fitness or buildings or works in the State in limited circumstances. These include instances where there is no relevant entity so qualified that is reasonably available for appointment, and the relevant entity’s qualifications or experience give it sufficient capacity to discharge the powers, duties and responsibilities of an airport building controller for the airport site.
Subsection 65(6) requires that in deciding whether qualifications or experience give sufficient capacity, the Secretary must have regard to whether they relate to a field similar to building approval or certification, such as building, architecture, or engineering.
Subsection 65(7) specifies that at least 14 days before appointing an airport building controller for an airport site, the Secretary must give written notice of the proposed appointment to the airport-lessee company for the airport site, and invite the airport‑lessee company to make any submission it thinks appropriate in relation to the proposal.
Subsection 65(8) requires the Secretary to have due regard to a submission received by the airport-lessee company, if the submission is received before the day specified in the notice as the day on which the appointment is proposed to be made, in making any particular appointment.
- For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the word (i.e. a calendar day), rather than a business day, which is a defined term under the Act.
Section 65 is intended to have largely the same effect as regulation 4.01 in the 1996 Regulations. The section has been updated to:

clarify that a State authority or local government body may not be appointed without the consent of the relevant State; and
clarify that the qualifications required for a body are consistent with the qualifications required for a corporation.

Section 66 – Airport building controller may determine standards that apply to building activities

Section 66 provides that the airport building controller for an airport site may determine, in writing, standards that apply in relation to a building activity, or part of a building activity, on the airport site, if:

the Building Code does not apply to the building activity or part;
the building activity or part is not a demolition;
the standards are the kinds of standard mentioned in paragraphs 100(2)(d), (e), or (f) of the Act, or paragraphs 107(2)(d), (e), or (f) the Act (i.e. a standard proposed or approved by Standards Australia, a standard made by, or by an authority of, the United States of America, or a standard made by, or by an authority of, a member state of the European Union); and
the airport building controller is satisfied that the standards are customary standards for the building activity or part.

Section 66 is intended to have largely the same effect as subparagraph 1.04(4)(a)(ii) of the 1996 Regulations. The section has been updated to make clear that:

this determination is a decision, to be made in writing; and
the standards that may be determined to apply to a building activity are the kinds of standard mentioned in paragraphs 100(2)(d), (e), or (f) of the Act, or paragraphs 107(2)(d), (e), or (f) the Act, in order to better align the Regulations with relevant provisions under the Act.

Section 67 – Immunity from certain liability

Subsection 67(1) provides that an airport building controller has no liability for anything done, or omitted to be done, in good faith, in reasonable reliance on a certificate given, or report prepared by, an appropriate building expert or appropriate works expert.
This immunity is required so that an airport building controller may reasonably rely on advice that has been provided by an appropriate building expert or appropriate works expert in performing their duties under the Regulations.
Subsection 67(2) provides that an airport building controller has no liability for anything necessarily or reasonably done, or omitted to be done, in good faith:

in exercising a power or function under this instrument; or
in the reasonable belief that the act or omission was done in the exercise of a power or function under this instrument.

This immunity is limited to airport building controllers. It is intended to ensure that airport building controllers are able to perform their duties as required under the Regulations without civil liability for the performance of these duties, where duties are performed in good faith, and in a manner consistent with the Regulations.
This is necessary to provide airport building controllers with sufficient protections to ensure that building activities on leased federal airports are undertaken in accordance with appropriate building and construction standards, and ultimately to ensure safe and healthy working conditions on airport sites, in order to achieve the intent of the Regulations.
Affected individuals have other avenues to dispute a decision made by an airport building controller under the Regulations. As outlined in section 80 of the Regulations, the majority of administrative decisions made under the Regulations may be subject to merits review by the ART.
Section 67 is intended to have largely the same effect as regulation 4.02 in the 1996 Regulations.

Section 68 – Confidential information

Section 68 provides that an airport building controller appointed under section 65 of the Regulations must not disclose any information received or obtained by the airport building controller in the performance of the airport building controller’s powers or functions to any person who does not have a lawful, and proper need to see the information.
- As an example of when information could be disclosed to a person with a lawful and proper need to see the information, documents relating to a building approval application could be disclosed to an appropriately authorised person if requested under subsection 39(2) of the Regulations as part of monitoring building approvals. This may be necessary to ensure that building approval processes are being appropriately managed and that building activities are being conducted in a safe manner, in order to achieve the intent of the Regulations.
Section 68 is intended to have largely the same effect as regulation 4.03 in the 1996 Regulations.
This requirement is reasonable, proportionate and necessary to balance the confidentiality of information received or obtained by the airport building controller, with the need for that building controller to disclose that information where there is a lawful and proper need.

Part 5 – Infringement notices

This Part has been updated to more closely align with provisions in the Act, and meet modern drafting standards, while generally maintaining the intent and effect of the 1996 Regulations they replace.
This Part has been made under Section 111 of the Act, which provides for regulations enabling a person who has committed an offence under Part 5 of the Act to pay a penalty to the Commonwealth as an alternative to prosecution.
The relevant offences are outlined in Part 5 of the Act.
Subsection 111(2) of the Act requires that the penalty for these infringement notices must equal one-fifth of the maximum fine that a court could impose as a penalty for the offence.

Section 69 – Simplified outline of this Part

Section 69 describes the purposes of Part 5 of the Regulations to assist readers in understanding and navigating the instrument. Part 5 covers sections 69 to 79 (inclusive) of the Regulations. The purpose of this Part is to provide that a person who is alleged to have committed offences under Part 5 of the Act may pay a monetary penalty specified in an infringement notice instead of having the matter dealt with by a court.
Part 5 is made under subsection 111(1) of the Act, which provides that regulations may make provision enabling a person who is alleged to have committed an offence against Part 5 of the Act to pay a penalty to the Commonwealth as an alternative to prosecution. Subsection 111(2) of the Act sets the amount of the infringement notice penalty that can be imposed under the Regulations to be one-fifth of the maximum fine that a court could impose on the person as a penalty for the offence. That is, there is no scope for the Regulations to determine a different infringement notice penalty amount than what is provided for by the Act.

Section 70 – Infringement notice offences and infringement notice penalties

Section 70 outlines offences under Part 5 of the Act for which infringement notices may be issued, and the relevant infringement notice penalty for each of these provisions. The infringement notice penalty for each of the offences in the table has been calculated as one‑fifth of the maximum fine that a court could impose on the person as a penalty for that offence, consistent with the requirement in subsection 111(2) of the Act.
Section 70 is intended to have largely the same effect as regulation 5.02 of the 1996 Regulations. Section 70 has been updated to include a table which clearly outlines the offences under Part 5 of the Act for which an infringement notice may be issued. These are infringement notice offences for the purposes of these Regulations. The table also outlines the relevant infringement notice penalty for each of infringement notice offence in penalty units. The offences under Part 5 of the Act for which an infringement notice may be issued remain consistent with offences for which an infringement notice could be issued under the 1996 Regulations.

The value of a penalty unit is prescribed by section 4AA of the Crimes Act 1914. The current value of a penalty unit is $330 and will be indexed on 1 July 2026 and each third 1 July following that day (refer subsection 4AA(3) of the Crimes Act 1914.). The latest version of the Crimes Act 1914 is available on the FRL (https://www.legislation.gov.au).

The offences and the penalty units are specified in Part 5 of the Act. The current offences under Part 5 of the Act, and requirements under subsection 111(2) of the Act have resulted in some inconsistencies with the Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers (the Guide).

However, as the penalty units for these offences are specified in the Act, the infringement notice penalties have been set in accordance with subsection 111(2) of the Act and remain aligned with the approach in the 1996 Regulations.

The table under section 70 of the Regulations has been included to clearly specify the offences under the Act that are subject to the infringement notice scheme. This update is intended to better align the Regulations with the Guide, in order to clearly identify the offences that are subject to an infringement notice. Chapter 6 of the Guide notes that offences subject to infringement notice provisions should be specified.
These offences are related to:

ensuring that sensitive developments are not carried out on an airport site without the approval of the Minister for the preparation of a draft major development plan under section 89A of the Act;
ensuring that major airport developments are not carried out, except in accordance with a major development plan approved under Division 4 of Part 5 of the Act; and
ensuring that relevant developments at Sydney West Airport are carried out in accordance with any conditions set out in Part 3 of the airport plan.

Having the power to issue infringement notices for these offences has been a key part of the control of building activities on airport sites under the 1996 Regulations.
Noting that infringement notices have not been issued in relation to these offences over the period in which the 1996 Regulations have been in place, the potential for significant penalties has demonstrably been an effective deterrent to ensure compliance with requirements around sensitive developments and major airport developments to date.
As with the 1996 Regulations, the inclusion of this Part does not require that an infringement notice be given for an alleged contravention of an infringement notice provision, and the Regulations provide that person issued an infringement notice may elect to not pay the notice, noting that the person may subsequently be prosecuted in court for the alleged contravention of a provision.
This means that the Commonwealth may elect to have the matter dealt with in court instead of issuing an infringement notice. If an infringement notice is issued, the person alleged to have committed an offence may similarly not pay the notice and could be subject to prosecution.
Therefore, while some of the penalties outlined in the table setting infringement notice amounts are inconsistent with the Guide, they remain a key part of the enforcement regime for building control on airport sites, and have been an effective deterrent ensuring compliance with the 1996 Regulations to date. With this in mind, they have been retained in the Regulations.
The Australian Government has committed to reviewing the Act by 2030, which will be an opportunity to consider the appropriateness of offences outlined in Part 5 of the Act, and the framing of Section 111 of the Act.

Infringement notices for offences that are not strict or absolute liability offences

Section 111 of the Act enables the Regulations to make provisions for a person who is alleged to have committed an offence against Part 5 of the Act to pay a penalty to the Commonwealth as an alternative to prosecution.
Part 5 of the Regulations set out the general penalty provisions for non-compliance with Part 5 of the Act, as enabled by section 111 of the Act. This Part enables the airport building controller to issue an infringement notice to a person who it believes has committed an offence against Part 5 of the Act.
Section 6.2.1 of the Guide notes that infringement notice schemes should only apply to:

minor offences with strict or absolute liability, and where a high volume of contraventions is expected, and
offences which are readily understood and easily proven and where failure to comply is obvious, unacceptable and deserving of punishment.

This is to minimise the risk that innocent people will pay the infringement notice penalty to avoid the expense of contesting proceedings.
None of the offences outlined in Part 5 of the Act are strict or absolute liability offences, and experience in administering the 1996 Regulations to date suggests that a high volume of contraventions is not to be expected. The majority of offences are partial strict liability.
Nevertheless, framing in the Regulations remains consistent with offences as outlined in Part 5 of the Act. It is also generally readily understood and easily proven whether or not a person or company would have committed an offence under Part 5 of the Act, and that a failure to comply with the provision would be obvious and unacceptable. This is aligned with expectations set out in the Guide.
The following table outlines how each offence in the Act for which an infringement notice may be issued is readily understood and easily proven, such that an enforcement officer would be able to assess the likely guilt or innocence of a person with the level of certainty required when issuing an infringement notice.

Infringement Notice Offence	Rationale
75(2) (Draft master plan to be given to Minister after acquisition or grant of airport lease) Subsection 75(2) of the Act provides that: 2) a company commits an offence if: The company is subject to a requirement under subsection (1) or subsection (1A) The company engages in conduct; and The company’s conduct contravenes the requirement. 3) strict liability applies to paragraph 2(a)	Subsections 75(1) and 75(1A) of the Act requires an airport-lessee company to submit a draft master plan to the Minister within a specified timeframe after grant or acquisition of an airport lease, or within a longer timeframe agreed by the Minister. Whether or not a company has met this requirement may be assessed on an objective basis: Either a company has submitted a draft master plan to the Minister in the required timeframes, or it has not.
76(2) (New draft master plan to be submitted before expiry of old plan) Subsection 76(2) of the Act provides that: 2) a company commits an offence if: The company is subject to a requirement under subsection (1) or subsection (1A) The company engages in conduct; and The company’s conduct contravenes the requirement. 3) strict liability applies to paragraph 2(a)	Subsection 76(1) of the Act requires an airport-lessee company to submit a draft master plan to the Minister within a specified timeframe, either before the expiry of a current final master plan, or within a longer timeframe agreed by the Minister. Subsection 76(1A) of the Act requires that an Australian Noise Exposure Forecast must be obtained, endorsed, and specified within the draft master plan submitted to the Minister under subsection 76(1) of the Act. Whether or not a company has met these requirements may be assessed on an objective basis: Either a company has submitted a draft master plan to the Minister in the required timeframes, or it has not. Either an Australian Noise Exposure Forecast has been obtained, endorsed, and specified within the draft master plan as required under subsection 76(1A), or it has not.
78(3) (Replacement of final master plan) Subsection 78(3) of the Act provides that: 3) a company commits an offence if: The company is subject to a requirement under subsection (2) or subsection (2A) The company engages in conduct; and The company’s conduct contravenes the requirement. 4) strict liability applies to paragraph 3(a)	Subsection 78(2) of the Act requires a company to submit a draft master plan to the Minister within a specified timeframe after receiving a written direction from the Minister, either within 180 days, or within a longer time fame specified by the Minister. Subsection 78(2A) of the Act requires a company to submit a draft master plan to the Minister within a specified timeframe after the endorsement of a more recent Australian Noise Exposure Forecast, either within 180 days, or within a longer timeframe specified by the Minister. Whether or not a company has met these requirements may be assessed on an objective basis: Either a company has submitted a draft master plan to the Minister in the required timeframes, or it has not.
81(9) (Approval of draft by Minister) Subsection 81(9) of the Act provides that: 9) a company commits an offence if: The company is subject to a requirement under subsection (8) The company engages in conduct; and The company’s conduct contravenes the requirement.	Subsection 81(8) of the Act requires an airport-lessee company to submit a fresh draft master plan to the Minister within a specified timeframe after receiving a written direction from the Minister, either within 180 days, or within a longer time fame specified by the Minister. Whether or not a company has met these requirements may be assessed on an objective basis: Either a company has submitted a fresh draft master plan to the Minister in the required timeframes, or it has not.
85(2) (Notification of matters that may affect the achievement of final master plan) Subsection 85(2) of the Act provides that: 2) a company commits an offence if: The company is subject to a requirement under subsection (1) The company engages in conduct; and The company’s conduct contravenes the requirement. 3) Strict liability applies to paragraph (2)(a).	Subsection 85(1) of the Act requires an airport-lessee company to advise the Minister in writing of specific matters that may significantly affect the achievement of the master plan, in a specified format, within a specified timeframe. Whether or not a company has met these requirements may be assessed on an objective basis: Either the company has submitted the written notice to the Minister within the required timeframe, and including the required information, or it has not.
86(3) (Publication of final master plan or variation of final master plan) Subsection 86(3) of the Act provides that: 3) a company commits an offence if: The company is subject to a requirement under subsection (2) The company engages in conduct; and The company’s conduct contravenes the requirement. 4) Strict liability applies to paragraph (3)(a).	Subsection 86(2) of the Act requires an airport-lessee company to publish a notification of approval of a master plan or variation on the airport’s website, and in a relevant newspaper for the State, and ensure the plan is publicly available, including being published on the company’s website, within a specified timeframe. Whether or not a company has met these requirements may be assessed on an objective basis: Either the company has published the master plan (or variation) and notice in the specified timeframe, or it has not.
89A(2) (Sensitive development prohibited except in exceptional circumstances) Subsection 89A(2) of the Act provides that: 2) a person commits an offence if: The person is subject to a requirement under subsection (1) The person engages in conduct; and The person’s conduct contravenes the requirement. 3) strict liability applies to paragraph (2)(a).	Subsection 89A(1) of the Act requires a person to not carry out a sensitive development, or cause or permit to be carried out a sensitive development, without the Minister’s approval for a draft major development plan to be developed and submitted for the Minister’s consideration. Whether or not a person has met these requirements may be assessed on an objective basis: Either the person has carried, out, permitted or caused to be carried out a sensitive development without the Minister’s approval as required under subsection 89A(1) of the Act, or they have not.
90(3) (Major airport development must not be carried out except in accordance with an approved major development plan etc.) Subsection 90(3) of the Act provides that: 3) a company commits an offence if: The company is subject to a requirement under subsection (1) or (2) The company engages in conduct; and The company’s conduct contravenes the requirement. 3A) Strict liability applies to paragraph (3)(a).	Subsection 90(1) of the Act requires that an airport-lessee company not carry out, or caused or permit to be carried out, a major airport development unless: the carrying out of the development is in accordance with a major development plan approved under Part 5 Division 4 of the Act; or the carrying out of the development is in accordance with Part 3 of the airport plan for Sydney West Airport (for developments at Sydney West Airport outlined in Part 3 of an airport plan for Sydney West Airport); or the development is of a kind declared by the regulations to be exempt from this Division. Subsection 90(2) of the Act requires that an airport-lessee company comply with any conditions that may have been applied in to the company in relation an approval of a major airport development plan. Whether or not a company has met these requirements may be assessed on an objective basis: Either a company has carried out, or caused or permitted to be carried out, a major airport development in a manner inconsistent with requirements under subsection 90(1), or they have not. Either a company has complied with a condition that applies in relation to the approval of a major airport development, or they have not.
90(6) (Major airport development must not be carried out except in accordance with an approved major development plan etc.) Subsection 90(6) of the Act provides that: 6) a person commits an offence if: The person is subject to a requirement under subsection (4) or (5) The person engages in conduct; and The person’s conduct contravenes the requirement. 7) Strict liability applies to paragraph (6)(a).	Subsection 90(4) of the Act requires that a person (other than an airport-lessee company) not carry out, or caused or permit to be carried out, a major airport development unless: the carrying out of the development is in accordance with a major development plan approved under Division 4 of Part 5 of the Act; or the carrying out of the development is in accordance with Part 3 of the airport plan for Sydney West Airport (for developments at Sydney West Airport outlined in Part 3 of an airport plan for Sydney West Airport); or the development is of a kind declared by the regulations to be exempt from Division 4 of Part 5 of the Act. Subsection 90(5) of the Act requires that a person (other than an airport-lessee company) comply with any conditions that may have been applied to the person in relation to an approval of a major airport development plan. Whether or not a person has met these requirements may be assessed on an objective basis: Either a person has carried out, or caused or permitted to be carried out, a major airport development in a manner inconsistent with requirements under subsection 90(4) of the Act, or they have not. Either a person has complied with a condition that applies to them in relation to the approval of a major airport development, or they have not.
96(3) (Publication of major development plan or variation of major development plan) Subsection 96(3) of the Act provides that: 3) a company commits an offence if: The company is required to publish a notice and make copies of a plan or variation available under subsection (2) The company engages in conduct; and The company’s conduct contravenes the requirement. 4) Strict liability applies to paragraph (3)(a).	Subsection 96(2) of the Act requires an airport-lessee company to publish a notification of approval of a major development plan or variation of a major development plan on the airport’s website, and in a relevant newspaper for the State, and ensure the plan is publicly available, including being published on the company’s website, within a specified timeframe. Whether or not a company has met these requirements may be assessed on an objective basis: Either the company has published the approved major development plan (or variation) and notice in the specified timeframe, or it has not.
96AA(6) (Cessation of approval of major development plan in exceptional circumstances) Subsection 96AA(6) of the Act provides that: 6) a company commits an offence if: The company is required to publish a notice under subsection (5) The company engages in conduct; and The company’s conduct contravenes the requirement.	Subsection 96AA(5) of the Act requires an airport-lessee company to publish a notification of the withdrawal of major development plan on the airport’s website, and in a relevant newspaper for the State, within a specified timeframe. Whether or not a company has met these requirements may be assessed on an objective basis: Either the company has published the required notice in the specified timeframe, or it has not.
96J(2) (Compliance with condition set out in airport plan) Subsection 96J(2) of the Act provides that: 2) a company commits an offence if: The company is subject to a requirement under subsection (1) The company engages in conduct; and The company’s conduct contravenes the requirement. 4) Strict liability applies to paragraph (3)(a).	Subsection 96J(1) of the Act requires that an airport lessee company for Sydney West Airport complies with any condition that applies to it in relation to any development covered by Part 3 of an airport plan in force for Sydney West Airport. Whether or not a company has met these requirements may be assessed on an objective basis: Either a company has complied with a condition that applies to it in relation to the development, or it has not.
96J(5) (Compliance with condition set out in airport plan) Subsection 96J(5) of the Act provides that: 5) a person commits an offence if: The person is subject to a requirement under subsection (4) The person engages in conduct; and The person’s conduct contravenes the requirement. 6) Strict liability applies to paragraph (5)(a).	Subsection 96J(4) of the Act requires that a person (other than an airport-lessee company) complies with any condition that applies to them in relation to any development covered by Part 3 of an airport plan in force for Sydney West Airport. Whether or not a person has met these requirements may be assessed on an objective basis: Either a person has complied with a condition that applies to them in relation to the development, or they have not.
99(2) (Building activities not to be carried out without approval) Subsection 99(2) of the Act provides that: 2) a company commits an offence if: The company is subject to a requirement under subsection (1) The company engages in conduct; and The company’s conduct contravenes the requirement. 2A) Strict liability applies to paragraph (2)(a).	Subsection 99(1) of the Act requires that an airport-lessee company must not carry out a building activity on the airport site, or cause or permit to be carried out on the airport site a building activity unless: Carrying out the activity is in accordance with an approval granted under regulations made for the purposes of Subdivision C of Division 5 of Part 5 of the Act; or For airports other than Sydney West Airport, the activity is exempt by regulations from the Subdivision, and otherwise consistent with any relevant final master plan or major development plan in force; or For Sydney West Airport, the activity is exempt by regulations from the Subdivision, and consistent with any relevant plans for Sydney West Airport. Whether or not a person has met these requirements may be assessed on an objective basis: Either a company has carried out, or caused or permitted to be carried out, a building activity is in accordance with an approval granted under regulations, or it has not. Either a company has carried out, or caused or permitted to be carried out, a building activity exempt by the regulations, but otherwise in accordance with any relevant final master plan or major development plan in force, or it has not. Either a company has carried out, or caused or permitted to be carried out, a building activity exempt by the regulations, but otherwise in accordance with any relevant plans for Sydney West Airport, or it has not.
99(4) (Building activities not to be carried out without approval) Subsection 99(4) of the Act provides that: 4) a person commits an offence if: The person is subject to a requirement under subsection (3) The person engages in conduct; and The person’s conduct contravenes the requirement. 5) Strict liability applies to paragraph (4)(a).	Subsection 99(3) of the Act requires that a person (other than airport-lessee company) must not carry out a building activity on the airport site, or cause or permit to be carried out on the airport site a building activity unless: carrying out the activity is in accordance with an approval granted under regulations made for the purposes of Subdivision C of Division5 of Part 5 of the Act; or for airports other than Sydney West Airport, the activity is exempt by regulations from the Subdivision, and consistent with any relevant final master plan or major development plan in force; or for Sydney West Airport, the activity is exempt by regulations from the Subdivision, and consistent with any relevant plans for Sydney West Airport. Whether or not a person has met these requirements may be assessed on an objective basis: Either a person has carried out, or caused or permitted to be carried out, a building activity is in accordance with an approval granted under regulations, or they have not. Either a person has carried out, or caused or permitted to be carried out, a building activity exempt by the regulations, but otherwise in accordance with any relevant final master plan or major development plan in force, or they have not. Either a person has carried out, or caused or permitted to be carried out, a building activity exempt by the regulations, but otherwise in accordance with any relevant plans for Sydney West Airport, or they have not.
102 (Offence of contravening conditions) Subsection 102 of the Act provides that: 1) a person commits an offence if: the person has been granted approval under the regulations for the purposes of this Subdivision; and the person engages in conduct; and the person’s conduct contravenes a condition of the approval. 2) Strict liability applies to paragraph (1)(a).	Whether or not a person has met this requirement may be assessed on an objective basis: Either a person has engaged in conduct that contravenes a condition of a building approval granted under regulations made for the purposes of Subdivision C of Division 5 of Part 5 of the Act , or they have not.
103(3) (Remedial directions) Subsection 103(3) of the Act provides that: 3) a person commits an offence if: the person is subject to a direction under subsection (1); and the person engages in conduct; and the person’s conduct contravenes this direction.	Subsection 103(1) of the Act provides for the issuing of a written direction requiring a person to: stop work on; carry out remedial work on; or demolish, dismantle or remove a building, structure, earthworks, engineering works, electrical works or hydraulic works, in specific circumstances. Whether or not a person has contravened such a written direction may be assessed on an objective basis: Either the person has engaged in conduct that contravenes a written direction issued under subsection 103(1) of the Act, or they have not.
106(3) (Requirement for certificate of compliance) Subsection 106(3) of the Act provides that: 3) A company who contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 250 penalty units.	Subsection 106(1) of the Act requires that an airport-lessee company must not occupy or use, or cause or permit to be occupied or used, a building or works unless: a certificate of compliance is in force under regulations made for the purposes of Subdivision D of Division 5 of Part 5 of the Act for the building or works; or if the building or works was completed before the time when an airport lease for the airport was granted under the Airports (Transitional) Act 1996, a certificate of fitness for occupancy or use was issued for the building or works by the Commonwealth or a State, or an authority of the Commonwealth or a State, or a local government body; or the building or works is of a kind declared by the regulations to be exempt from Subdivision D of Division 5 of Part 5 of the Act. Whether or not a company has contravened subsection 106(1) of the Act may be assessed on an objective basis: Either a company has occupied, or caused or permitted to be occupied a building or works in line with requirements under subsection 106(1) of the Act, or they have not.
106(6) (Requirement for certificate of compliance) Subsection 106(6) of the Act provides that: 6) A person who contravenes subsection (4) commits an offence punishable on conviction by a fine not exceeding 50 penalty units.	Subsection 106(4) of the Act requires that a person (other than an airport-lessee company) must not occupy or use, or cause or permit to be occupied or used, a building or works unless: a certificate of compliance is in force under the regulations for the building or works; or if the building or works was completed before the time when an airport lease for the airport was granted under the Airports (Transitional) Act 1996, a certificate of fitness for occupancy or use was issued for the building or works by the Commonwealth or a State, or an authority of the Commonwealth or a State, or a local government body; or the building or works is of a kind declared by regulations to be exempt from Subdivision D of Division 5 of Part 5 of the Act. Whether or not a person has contravened subsection 106(4) of the Act may be assessed on an objective basis: Either a person has occupied, or caused or permitted to be occupied a building or works in line with requirements under subsection 106(1) of the Act, or they have not.
108 (Offence of contravening conditions) Section 108 of the Act provides that: A person commits an offence if: the person has been issued with a certificate of compliance under regulations made for the purposes of this Subdivision; and the person engages in conduct, whether before or after the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration concerned is first occupied or used; and the person’s conduct contravenes a condition of the certificate.	Whether or not a person has contravened section 108 of the Act may be assessed on an objective basis: Either a person engages in conduct that contravenes a condition of a certificate of compliance issued under regulations made for the purposes of Subdivision D of Division 5 of Part 5 of the Act, or they have not.
109(3) (Remedial directions) Subsection 109(3) of the Act provides that: (3) A person commits an offence if: the person is subject to a direction under this section; and the person engages in conduct; and the person’s conduct contravenes the direction.	Section 109 of the Act provides for the issuing of a written direction requiring a person to: cease to occupy; carry out remedial work on; or demolish, dismantle or remove a building, structure, earthworks, engineering works, electrical works or hydraulic works, in specific circumstances. Whether or not a person has contravened section 109(3) of the Act may be assessed on an objective basis: Either the person has engaged in conduct that contravenes a written direction issued under subsection 109 of the Act, or they have not.

Infringement Notice Offence

Rationale

75(2) (Draft master plan to be given to Minister after acquisition or grant of airport lease)

Subsection 75(2) of the Act provides that:

2) a company commits an offence if:

The company is subject to a requirement under subsection (1) or subsection (1A)
The company engages in conduct; and
The company’s conduct contravenes the requirement.

3) strict liability applies to paragraph 2(a)

Subsections 75(1) and 75(1A) of the Act requires an airport-lessee company to submit a draft master plan to the Minister within a specified timeframe after grant or acquisition of an airport lease, or within a longer timeframe agreed by the Minister.

Whether or not a company has met this requirement may be assessed on an objective basis:

Either a company has submitted a draft master plan to the Minister in the required timeframes, or it has not.

76(2) (New draft master plan to be submitted before expiry of old plan)

Subsection 76(2) of the Act provides that:

2) a company commits an offence if:

The company is subject to a requirement under subsection (1) or subsection (1A)
The company engages in conduct; and
The company’s conduct contravenes the requirement.

3) strict liability applies to paragraph 2(a)

Subsection 76(1) of the Act requires an airport-lessee company to submit a draft master plan to the Minister within a specified timeframe, either before the expiry of a current final master plan, or within a longer timeframe agreed by the Minister.

Subsection 76(1A) of the Act requires that an Australian Noise Exposure Forecast must be obtained, endorsed, and specified within the draft master plan submitted to the Minister under subsection 76(1) of the Act.

Whether or not a company has met these requirements may be assessed on an objective basis:

Either a company has submitted a draft master plan to the Minister in the required timeframes, or it has not.
Either an Australian Noise Exposure Forecast has been obtained, endorsed, and specified within the draft master plan as required under subsection 76(1A), or it has not.

78(3) (Replacement of final master plan)

Subsection 78(3) of the Act provides that:

3) a company commits an offence if:

The company is subject to a requirement under subsection (2) or subsection (2A)
The company engages in conduct; and
The company’s conduct contravenes the requirement.

4) strict liability applies to paragraph 3(a)

Subsection 78(2) of the Act requires a company to submit a draft master plan to the Minister within a specified timeframe after receiving a written direction from the Minister, either within 180 days, or within a longer time fame specified by the Minister.

Subsection 78(2A) of the Act requires a company to submit a draft master plan to the Minister within a specified timeframe after the endorsement of a more recent Australian Noise Exposure Forecast, either within 180 days, or within a longer timeframe specified by the Minister.

Whether or not a company has met these requirements may be assessed on an objective basis:

Either a company has submitted a draft master plan to the Minister in the required timeframes, or it has not.

81(9) (Approval of draft by Minister)

Subsection 81(9) of the Act provides that:

9) a company commits an offence if:

The company is subject to a requirement under subsection (8)
The company engages in conduct; and
The company’s conduct contravenes the requirement.

Subsection 81(8) of the Act requires an airport-lessee company to submit a fresh draft master plan to the Minister within a specified timeframe after receiving a written direction from the Minister, either within 180 days, or within a longer time fame specified by the Minister.

Whether or not a company has met these requirements may be assessed on an objective basis:

Either a company has submitted a fresh draft master plan to the Minister in the required timeframes, or it has not.

85(2) (Notification of matters that may affect the achievement of final master plan)

Subsection 85(2) of the Act provides that:

2) a company commits an offence if:

The company is subject to a requirement under subsection (1)
The company engages in conduct; and
The company’s conduct contravenes the requirement.

3) Strict liability applies to paragraph (2)(a).

Subsection 85(1) of the Act requires an airport-lessee company to advise the Minister in writing of specific matters that may significantly affect the achievement of the master plan, in a specified format, within a specified timeframe.

Whether or not a company has met these requirements may be assessed on an objective basis:

Either the company has submitted the written notice to the Minister within the required timeframe, and including the required information, or it has not.

86(3) (Publication of final master plan or variation of final master plan)

Subsection 86(3) of the Act provides that:

3) a company commits an offence if:

The company is subject to a requirement under subsection (2)
The company engages in conduct; and
The company’s conduct contravenes the requirement.

4) Strict liability applies to paragraph (3)(a).

Subsection 86(2) of the Act requires an airport-lessee company to publish a notification of approval of a master plan or variation on the airport’s website, and in a relevant newspaper for the State, and ensure the plan is publicly available, including being published on the company’s website, within a specified timeframe.

Whether or not a company has met these requirements may be assessed on an objective basis:

Either the company has published the master plan (or variation) and notice in the specified timeframe, or it has not.

89A(2) (Sensitive development prohibited except in exceptional circumstances)

Subsection 89A(2) of the Act provides that:

2) a person commits an offence if:

The person is subject to a requirement under subsection (1)
The person engages in conduct; and
The person’s conduct contravenes the requirement.

3) strict liability applies to paragraph (2)(a).

Subsection 89A(1) of the Act requires a person to not carry out a sensitive development, or cause or permit to be carried out a sensitive development, without the Minister’s approval for a draft major development plan to be developed and submitted for the Minister’s consideration.

Whether or not a person has met these requirements may be assessed on an objective basis:

Either the person has carried, out, permitted or caused to be carried out a sensitive development without the Minister’s approval as required under subsection 89A(1) of the Act, or they have not.

90(3) (Major airport development must not be carried out except in accordance with an approved major development plan etc.)

Subsection 90(3) of the Act provides that:

3) a company commits an offence if:

The company is subject to a requirement under subsection (1) or (2)
The company engages in conduct; and
The company’s conduct contravenes the requirement.

3A) Strict liability applies to paragraph (3)(a).

Subsection 90(1) of the Act requires that an airport-lessee company not carry out, or caused or permit to be carried out, a major airport development unless:

the carrying out of the development is in accordance with a major development plan approved under Part 5 Division 4 of the Act; or
the carrying out of the development is in accordance with Part 3 of the airport plan for Sydney West Airport (for developments at Sydney West Airport outlined in Part 3 of an airport plan for Sydney West Airport); or
the development is of a kind declared by the regulations to be exempt from this Division.

Subsection 90(2) of the Act requires that an airport-lessee company comply with any conditions that may have been applied in to the company in relation an approval of a major airport development plan.

Whether or not a company has met these requirements may be assessed on an objective basis:

Either a company has carried out, or caused or permitted to be carried out, a major airport development in a manner inconsistent with requirements under subsection 90(1), or they have not.
Either a company has complied with a condition that applies in relation to the approval of a major airport development, or they have not.

90(6) (Major airport development must not be carried out except in accordance with an approved major development plan etc.)

Subsection 90(6) of the Act provides that:

6) a person commits an offence if:

The person is subject to a requirement under subsection (4) or (5)
The person engages in conduct; and
The person’s conduct contravenes the requirement.

7) Strict liability applies to paragraph (6)(a).

Subsection 90(4) of the Act requires that a person (other than an airport-lessee company) not carry out, or caused or permit to be carried out, a major airport development unless:

the carrying out of the development is in accordance with a major development plan approved under Division 4 of Part 5 of the Act; or
the carrying out of the development is in accordance with Part 3 of the airport plan for Sydney West Airport (for developments at Sydney West Airport outlined in Part 3 of an airport plan for Sydney West Airport); or
the development is of a kind declared by the regulations to be exempt from Division 4 of Part 5 of the Act.

Subsection 90(5) of the Act requires that a person (other than an airport-lessee company) comply with any conditions that may have been applied to the person in relation to an approval of a major airport development plan.

Whether or not a person has met these requirements may be assessed on an objective basis:

Either a person has carried out, or caused or permitted to be carried out, a major airport development in a manner inconsistent with requirements under subsection 90(4) of the Act, or they have not.
Either a person has complied with a condition that applies to them in relation to the approval of a major airport development, or they have not.

96(3) (Publication of major development plan or variation of major development plan)

Subsection 96(3) of the Act provides that:

3) a company commits an offence if:

The company is required to publish a notice and make copies of a plan or variation available under subsection (2)
The company engages in conduct; and
The company’s conduct contravenes the requirement.

4) Strict liability applies to paragraph (3)(a).

Subsection 96(2) of the Act requires an airport-lessee company to publish a notification of approval of a major development plan or variation of a major development plan on the airport’s website, and in a relevant newspaper for the State, and ensure the plan is publicly available, including being published on the company’s website, within a specified timeframe.

Whether or not a company has met these requirements may be assessed on an objective basis:

Either the company has published the approved major development plan (or variation) and notice in the specified timeframe, or it has not.

96AA(6) (Cessation of approval of major development plan in exceptional circumstances)

Subsection 96AA(6) of the Act provides that:

6) a company commits an offence if:

The company is required to publish a notice under subsection (5)
The company engages in conduct; and
The company’s conduct contravenes the requirement.

Subsection 96AA(5) of the Act requires an airport-lessee company to publish a notification of the withdrawal of major development plan on the airport’s website, and in a relevant newspaper for the State, within a specified timeframe.

Whether or not a company has met these requirements may be assessed on an objective basis:

Either the company has published the required notice in the specified timeframe, or it has not.

96J(2) (Compliance with condition set out in airport plan)

Subsection 96J(2) of the Act provides that:

2) a company commits an offence if:

The company is subject to a requirement under subsection (1)
The company engages in conduct; and
The company’s conduct contravenes the requirement.

4) Strict liability applies to paragraph (3)(a).

Subsection 96J(1) of the Act requires that an airport lessee company for Sydney West Airport complies with any condition that applies to it in relation to any development covered by Part 3 of an airport plan in force for Sydney West Airport.

Whether or not a company has met these requirements may be assessed on an objective basis:

Either a company has complied with a condition that applies to it in relation to the development, or it has not.

96J(5) (Compliance with condition set out in airport plan)

Subsection 96J(5) of the Act provides that:

5) a person commits an offence if:

The person is subject to a requirement under subsection (4)
The person engages in conduct; and
The person’s conduct contravenes the requirement.

6) Strict liability applies to paragraph (5)(a).

Subsection 96J(4) of the Act requires that a person (other than an airport-lessee company) complies with any condition that applies to them in relation to any development covered by Part 3 of an airport plan in force for Sydney West Airport.

Whether or not a person has met these requirements may be assessed on an objective basis:

Either a person has complied with a condition that applies to them in relation to the development, or they have not.

99(2) (Building activities not to be carried out without approval)

Subsection 99(2) of the Act provides that:

2) a company commits an offence if:

The company is subject to a requirement under subsection (1)
The company engages in conduct; and
The company’s conduct contravenes the requirement.

2A) Strict liability applies to paragraph (2)(a).

Subsection 99(1) of the Act requires that an airport-lessee company must not carry out a building activity on the airport site, or cause or permit to be carried out on the airport site a building activity unless:

Carrying out the activity is in accordance with an approval granted under regulations made for the purposes of Subdivision C of Division 5 of Part 5 of the Act; or
For airports other than Sydney West Airport, the activity is exempt by regulations from the Subdivision, and otherwise consistent with any relevant final master plan or major development plan in force; or
For Sydney West Airport, the activity is exempt by regulations from the Subdivision, and consistent with any relevant plans for Sydney West Airport.

Whether or not a person has met these requirements may be assessed on an objective basis:

Either a company has carried out, or caused or permitted to be carried out, a building activity is in accordance with an approval granted under regulations, or it has not.
Either a company has carried out, or caused or permitted to be carried out, a building activity exempt by the regulations, but otherwise in accordance with any relevant final master plan or major development plan in force, or it has not.
Either a company has carried out, or caused or permitted to be carried out, a building activity exempt by the regulations, but otherwise in accordance with any relevant plans for Sydney West Airport, or it has not.

99(4) (Building activities not to be carried out without approval)

Subsection 99(4) of the Act provides that:

4) a person commits an offence if:

The person is subject to a requirement under subsection (3)
The person engages in conduct; and
The person’s conduct contravenes the requirement.

5) Strict liability applies to paragraph (4)(a).

Subsection 99(3) of the Act requires that a person (other than airport-lessee company) must not carry out a building activity on the airport site, or cause or permit to be carried out on the airport site a building activity unless:

carrying out the activity is in accordance with an approval granted under regulations made for the purposes of Subdivision C of Division5 of Part 5 of the Act; or
for airports other than Sydney West Airport, the activity is exempt by regulations from the Subdivision, and consistent with any relevant final master plan or major development plan in force; or
for Sydney West Airport, the activity is exempt by regulations from the Subdivision, and consistent with any relevant plans for Sydney West Airport.

Whether or not a person has met these requirements may be assessed on an objective basis:

Either a person has carried out, or caused or permitted to be carried out, a building activity is in accordance with an approval granted under regulations, or they have not.
Either a person has carried out, or caused or permitted to be carried out, a building activity exempt by the regulations, but otherwise in accordance with any relevant final master plan or major development plan in force, or they have not.
Either a person has carried out, or caused or permitted to be carried out, a building activity exempt by the regulations, but otherwise in accordance with any relevant plans for Sydney West Airport, or they have not.

102 (Offence of contravening conditions)

Subsection 102 of the Act provides that:

1) a person commits an offence if:

the person has been granted approval under the regulations for the purposes of this Subdivision; and
the person engages in conduct; and
the person’s conduct contravenes a condition of the approval.

2) Strict liability applies to paragraph (1)(a).

Whether or not a person has met this requirement may be assessed on an objective basis:

Either a person has engaged in conduct that contravenes a condition of a building approval granted under regulations made for the purposes of Subdivision C of Division 5 of Part 5 of the Act , or they have not.

103(3) (Remedial directions)

Subsection 103(3) of the Act provides that:

3) a person commits an offence if:

the person is subject to a direction under subsection (1); and
the person engages in conduct; and
the person’s conduct contravenes this direction.

Subsection 103(1) of the Act provides for the issuing of a written direction requiring a person to:

stop work on;
carry out remedial work on; or
demolish, dismantle or remove

a building, structure, earthworks, engineering works, electrical works or hydraulic works, in specific circumstances.

Whether or not a person has contravened such a written direction may be assessed on an objective basis:

Either the person has engaged in conduct that contravenes a written direction issued under subsection 103(1) of the Act, or they have not.

106(3) (Requirement for certificate of compliance)

Subsection 106(3) of the Act provides that:

3) A company who contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 250 penalty units.

Subsection 106(1) of the Act requires that an airport-lessee company must not occupy or use, or cause or permit to be occupied or used, a building or works unless:

a certificate of compliance is in force under regulations made for the purposes of Subdivision D of Division 5 of Part 5 of the Act for the building or works; or
if the building or works was completed before the time when an airport lease for the airport was granted under the Airports (Transitional) Act 1996, a certificate of fitness for occupancy or use was issued for the building or works by the Commonwealth or a State, or an authority of the Commonwealth or a State, or a local government body; or
the building or works is of a kind declared by the regulations to be exempt from Subdivision D of Division 5 of Part 5 of the Act.

Whether or not a company has contravened subsection 106(1) of the Act may be assessed on an objective basis:

Either a company has occupied, or caused or permitted to be occupied a building or works in line with requirements under subsection 106(1) of the Act, or they have not.

106(6) (Requirement for certificate of compliance)

Subsection 106(6) of the Act provides that:

6) A person who contravenes subsection (4) commits an offence punishable on conviction by a fine not exceeding 50 penalty units.

Subsection 106(4) of the Act requires that a person (other than an airport-lessee company) must not occupy or use, or cause or permit to be occupied or used, a building or works unless:

a certificate of compliance is in force under the regulations for the building or works; or
if the building or works was completed before the time when an airport lease for the airport was granted under the Airports (Transitional) Act 1996, a certificate of fitness for occupancy or use was issued for the building or works by the Commonwealth or a State, or an authority of the Commonwealth or a State, or a local government body; or
the building or works is of a kind declared by regulations to be exempt from Subdivision D of Division 5 of Part 5 of the Act.

Whether or not a person has contravened subsection 106(4) of the Act may be assessed on an objective basis:

Either a person has occupied, or caused or permitted to be occupied a building or works in line with requirements under subsection 106(1) of the Act, or they have not.

108 (Offence of contravening conditions)

Section 108 of the Act provides that:

A person commits an offence if:

the person has been issued with a certificate of compliance under regulations made for the purposes of this Subdivision; and
the person engages in conduct, whether before or after the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration concerned is first occupied or used; and
the person’s conduct contravenes a condition of the certificate.

Whether or not a person has contravened section 108 of the Act may be assessed on an objective basis:

Either a person engages in conduct that contravenes a condition of a certificate of compliance issued under regulations made for the purposes of Subdivision D of Division 5 of Part 5 of the Act, or they have not.

109(3) (Remedial directions)

Subsection 109(3) of the Act provides that:

(3) A person commits an offence if:

the person is subject to a direction under this section; and
the person engages in conduct; and
the person’s conduct contravenes the direction.

Section 109 of the Act provides for the issuing of a written direction requiring a person to:

cease to occupy;
carry out remedial work on; or
demolish, dismantle or remove

a building, structure, earthworks, engineering works, electrical works or hydraulic works, in specific circumstances.

Whether or not a person has contravened section 109(3) of the Act may be assessed on an objective basis:

Either the person has engaged in conduct that contravenes a written direction issued under subsection 109 of the Act, or they have not.

The Australian Government has committed to reviewing the Act by 2030, which will be an opportunity to consider the appropriateness of offences outlined in Part 5 of the Act, and the framing of Section 111 of the Act.

Section 71 – When an infringement notice may be given

Section 71 sets out when an airport building controller may issue an infringement notice in relation to an offence under Part 5 of the Act.
Subsection 71(1) provides that the airport building controller may issue an infringement notice for an alleged contravention under Part 5 of the Act if the airport building controller for an airport site believes on reasonable grounds that a person has committed an infringement notice offence.
Subsection 71(2) requires that an infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.
Subsection 71(3) requires that a single infringement notice must only relate to a single contravention of a single provision under Part 5 of the Act (unless subsection 71(4) of the Regulations applies).
Subsection 71(4) provides for the airport building controller to issue a single infringement notice for multiple contraventions of a single provision under Part 5 of the Act in specific circumstances, where:

the provision requires the person to do a thing within a particular period or before a particular time;
the person fails or refuses to do that thing within a particular period or before a particular time;
the failure or refusal occurs on more than one day; and

each contravention is constituted by the failure or refusal on one of those days.

Section 71 is intended to have largely the same effect as regulation 5.01, and subregulations 5.03(1) and 5.03(3) in the 1996 Regulations. The section has been updated to better align with equivalent provisions in section 103 of the Regulatory Powers (Standard Provisions) Act 2014.
- The latest version of the Regulatory Powers (Standard Provisions) Act 2014 is available on the FRL (https://www.legislation.gov.au).
Subsections 71(3) and 71(4) have been included to more clearly provide for issuing a single infringement notice for a single contravention of a single provision of Part 5 of the Act, or issuing multiple contraventions of a single provision of Part 5 of the Act. These updates bring the section more into line with equivalent provisions in section 103 of the Regulatory Powers (Standard Provisions) Act 2014.
- For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the word (i.e. a calendar day), rather than a business day, which is a defined term under the Act.

Section 72 – Matters to be included in an infringement notice

Subsection 72(1) sets out information that must be included in an infringement notice.
Subsection 72(2) makes clear that an infringement notice may contain any other information that the airport building controller considers necessary.
Section 72 is intended to have largely the same effect as subregulations 5.03(2) and 5.03(3) in the 1996 Regulations. Updates have been made to subsection 70(1) to better align with expectations set out in the Guide, and equivalent provisions in section 104 of the Regulatory Powers (Standard Provisions) Act 2014, including:

requiring the infringement notice to be identified by a unique number;
providing name and contact details of the airport building controller who issued the infringement notice; and
stating that payment is not an admission of guilt or liability.

Section 73 – When infringement notice penalty must be paid

Section 73 sets out when an infringement notice must be paid in various circumstances. These include:

before the end of 28 days after an infringement notice is given;
if an application under section 74 to seek an extension or to pay by instalments is granted, before the end of the further period is granted or by instalments;
if an application under section 74 to seek an extension or to pay by instalments is refused, the later of 7 days after notice of refusal is provided, or before the end of 28 days after an infringement notice is given; or
if an application under section 74 for the infringement notice to be withdrawn is refused, before the end of 28 days after notice of the refusal is given.

Section 73 is intended to have largely the same effect as paragraph 5.03(2)(f), subregulation 5.05(3), and paragraph 5.06(4)(a) in the 1996 Regulations. The section has been updated to consolidate provisions setting out payment times based on decisions to extend a payment, time, agree to payment by instalments, or to withdraw an infringement notice, and to make clear that these are times by which the penalty must be paid, rather than simply information to be included in a notice.
- For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the word (i.e. a calendar day), rather than a business day, which is a defined term under the Act.

Section 74 – Extension of time to pay

Section 74 sets out the process for applying to seek an extension of time to pay in relation to an infringement notice, or seeking agreement to pay the amount of the infringement notice penalty by instalments.
Subsection 74(1) sets out that a person who has been issued an infringement notice may apply in writing to the airport building controller or the Secretary requesting a further period of payment of the infringement notice penalty, or permission for an arrangement for payment of the amount of the infringement notice penalty by instalments. The subsection also provides for an application to be made after the end of the 28-day period outlined in section 73 of the Regulations.
Subsection 74(2) requires that an application made after the end of the 28-day period must include a statement explaining why the alleged offender could not deal with the notice within that period.
Subsection 74(3) sets out that upon receiving an application, the airport building controller or Secretary must:

grant or refuse the request;
provide written notice of the decision; and
if the decision is a refusal – state in the notice the reasons for refusal and the period in which the infringement notice must be paid.

Subsection 74(4) provides that the Secretary or airport building controller may extend the period for payment of an infringement notice more than once.
Subsection 74(5) makes clear that a written notice must be provided for a decision under subsection 74(3). Subsections 74(6) and 74(7) specify what must be included in a written notice to grant, or refuse to grant the request, respectively.
Section 74 is intended to have largely the same effect as regulation 5.05 in the 1996 Regulations. The section has been updated to more clearly outline an application process, and to provide for the decision-maker to extend the period for payment of an infringement notice more than once.
- For the avoidance of doubt, a reference to a ‘day’ may be taken to be the ordinary meaning of the word (i.e. a calendar day), rather than a business day, which is a defined term under the Act.

Section 75 – Withdrawal of infringement notice

Section 75 provides for the withdrawal of an infringement notice.
Subsection 75(1) provides for a person issued an infringement notice may make written representations to the Secretary, seeking withdrawal of the notice.
Subsection 75(2) provides that the Secretary may withdraw an infringement notice (whether or not the person has made written representations seeking the withdrawal).
Subsection 75(3) sets out matters that the Secretary must take into account, and may take into account, in deciding whether or not to withdraw an infringement notice.
Subsection 75(4) requires the Secretary to give written notice of their decision.
Subsection 75(5) sets out matters that must be included in the written notice if the decision is to withdraw the infringement notice.
Subsection 75(6) sets out matters that must be included in the written notice if the decision is to refuse to withdraw the infringement notice. This includes:

providing reasons for the decision;
stating that if the amount of the infringement notice is paid within the specified period, the person will not be prosecuted for the alleged offence; and
stating that if the amount is not paid, the person may be prosecuted for the alleged offence.

Subsection 75(7) requires that if the Secretary withdraws the infringement notice, and the person has already paid the amount stated in the notice, that the Commonwealth must refund the person an amount equal to the amount paid.
Subsection 75(8) is included to make clear that any evidence or information the person gives to the Secretary in making representations seeking withdrawal of the notice is not admissible in evidence against the person in any proceedings (other than proceedings for an offence based on the evidence or information given being false or misleading).
Section 75 is intended to have largely the same effect as regulations 5.06 and 5.07 in the 1996 Regulations. Updates have been made to better align with equivalent provisions in section 106 of the Regulatory Powers (Standard Provisions) Act 2014.

The latest version of the Regulatory Powers (Standard Provisions) Act 2014 is available on the FRL (https://www.legislation.gov.au).

Section 76 – Effect of payment of amount

Subsection 76(1) outlines that in the event that a person pays the amount stated in the infringement notice within specified timeframes that:

any liability of the person for the alleged contravention is discharged;
the person may not be prosecuted in a court for the alleged contravention;
the person is not regarded as having admitted guilt for the alleged contravention; and
the person is not regarded as having been convicted for the alleged offence.

Subsection 76(2) clarifies that subsection 76(1) does not apply if the notice is withdrawn.
Section 76 is intended to have largely the same effect as regulation 5.08 in the 1996 Regulations. Updates have been made to better align with equivalent provisions in section 107 of the Regulatory Powers (Standard Provisions) Act 2014.
- The latest version of the Regulatory Powers (Standard Provisions) Act 2014 is available on the FRL (https://www.legislation.gov.au).

Section 77 – Matter not to be taken into account in determining sentence

Section 77 is included to clarify that if a person is served with an infringement notice, elects not to pay the infringement notice penalty, and is subsequently prosecuted for, or convicted of, the alleged offence, then the court must not take into account the fact that the person chose not to pay the infringement notice penalty when determining the penalty to be imposed.
Section 77 is intended to have largely the same effect as regulation 5.10 in the 1996 Regulations.

Section 78 – Payment of penalty by cheque

Section 78 is included to clarify that if a cheque is given to the Commonwealth in payment of all or part of an infringement notice penalty, the payment is taken not to have been paid unless the cheque is honoured on presentation.
Section 78 is intended to have largely the same effect as regulation 5.13 in the 1996 Regulations.

Section 79 – Effect of this Division

Section 79 is included to make clear that the Division does not:

require that an infringement notice be given to a person for an alleged contravention of a relevant provision under Part 5 of the Act;
affect the liability of a person for an alleged contravention of a relevant provision under Part 5 of the Act if an infringement notice is not given to the person for the contravention, or if an infringement notice is given to the person for the contravention and is subsequently withdrawn; or
limit the court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a relevant provision under Part 5 of the Act.

Section 79 is intended to have largely the same effect as regulation 5.06 in the 1996 Regulations. The section has been updated to better align with equivalent provisions in section 108 of the Regulatory Powers (Standard Provisions) Act 2014.

The latest version of the Regulatory Powers (Standard Provisions) Act 2014 is available on the FRL(https://www.legislation.gov.au).

Part 6 – Miscellaneous

Sections 80 to 82 (inclusive) comprise Part 6 of the Regulations. This Part provides for review of decisions under the Regulations by the ART, for the Secretary to appoint authorised persons to exercise specific powers under the Regulations, and for the Secretary to delegate powers or functions under the Regulations to an SES employee or acting SES employee.

Section 80 – Review by the ART

Section 80 provides for applications to be made to the ART by a specified person for decisions under the Regulations. Reviewable decisions, and the person who may apply for review of the decision, are outlined in a table included under this section. The majority of decisions made under the Regulations may be subject to independent merits review by the ART.

The ART is a federal administrative review body established under the Administrative Review Tribunal Act 2024. In 2025, further information on the ART was publicly available on the website for the ART ( https://www.art.gov.au).
The latest version of the ART Act 2024 is available on the FRL (https://www.legislation.gov.au).

Section 80 is intended to have largely the same effect as regulation 6.01 in the 1996 Regulations, and decisions that were subject to merits review under the 1996 Regulations are subject to merits review under this instrument.
The table has been updated to include decisions that are now more explicitly outlined in this instrument, including:

decisions under subsection 11(2) to determine minor works;
decisions under section 36 relating to varied building approvals; and
decisions under section 56 relating to issuing varied certificates of compliance subject to conditions.

Decisions not subject to merits review

There are three decisions under the Regulations that are not subject to merits review by the ART. These include:

A determination under subsection 32(3) that a condition outlined in subsection 32(1) is not imposed on a building approval. This is because this determination is in effect a procedural decision that is formalised in the context of a decision relating to whether or not to grant a building approval, and is subject to merits review in that context. This is aligned with principles in the Administrative Review Council’s guide What Decisions Should Be Subject to Merit Review, that decisions that are preliminary or procedural in nature should not be subject to merits review (see https://www.ag.gov.au/legal-system/publications/what-decisions-should-be-subject-merit-review-1999).
A determination under section 66 that a standard is appropriate for a building activity. This is because this determination is in effect a procedural decision that is formalised in the context of broader decision relating to whether or not to grant a building approval, and is subject to merits review in that context. This is aligned with principles in the Administrative Review Council’s guide What Decisions Should Be Subject to Merit Review, that decisions that are preliminary or procedural in nature should not be subject to merits review (see https://www.ag.gov.au/legal-system/publications/what-decisions-should-be-subject-merit-review-1999).
A decision to refuse to withdraw an infringement notice under subsection 73(2). This is because, should the person consider that the infringement notice should not have been issued, the matter may be dealt with by a court. Providing for merits review of such decisions would not be consistent with the approach to decisions not to withdraw an infringement notice under section 106 of the Regulatory Powers (Standard Provisions) Act 2014, which are generally also not subject to merits review.

Section 81 – Secretary may appoint authorised persons

Section 81 provides that the Secretary may, in writing, appoint a person as an authorised person for the purposes of section 38 and section 39 of the Regulations.
Prior to making an appointment, the Secretary must be satisfied that:

the person is an appropriate expert with the required skills and experience to exercise the powers and perform the duties of an authorised person, and
if the person is an officer of the department—the functions of the person as an officer of the department are relevant to the functions of an authorised person.

These authorisations are purposefully limited in scope, and intended to enable the Secretary to authorise persons to provide oversight and assurance of building approval activities being administered by an airport building controller on an airport site:

Under section 38, an authorised person may access entries in the register relating to building activities on an airport site.
Under section 39, after having issued a written notice, an authorised person must be given access to inspect a building activity being undertaken on an airport site.

The authorisation may only be granted to persons with the appropriate expertise, and for officers of the department, officers performing functions related to overseeing and assuring the performance of building approval activities on an airport site. An officer of the department must also have the appropriate expertise to perform these duties.
Section 81 is intended to have largely the same effect as subregulation 1.04(1) in the 1996 Regulations which defined an authorised person as a person authorised by the Secretary, in writing, for a purpose in the provision in which the expression appeared.
The Regulations have been updated to make clear that this is an explicit appointment by the Secretary, and more explicitly outline that the authorisations are limited to specific provisions, which are focused on providing oversight and assurance of building approval activities. The Regulations have also been updated to provide that the Secretary may only authorise persons with relevant expertise, and persons in the department performing relevant duties.

Section 82 – Delegation by the Secretary

Subsection 82(1) provides that the Secretary may, in writing delegate to an SES employee, or an acting SES employee, in the department one or more of the Secretary’s functions or powers under this instrument.
- SES in this instance refers to ‘Senior Executive Service’. The responsibilities of the SES in the Australian Public Service are outlined in section 35 of the Public Service Act 1999. The latest version of the Public Service Act 1999 is available at the FRL (https://www.legislation.gov.au).
An equivalent provision was not included in the 1996 Regulations. This provision has been included in the Regulations to enable the Secretary to delegate functions or powers to an SES or acting SES employee. SES employees (and acting SES employees) are well-positioned to make decisions about the rights and obligations of regulated entities because of their seniority and experience. This balances administrative expediency with proportionate controls on decision making.
Subsection 82(2) and subsection 82(3) provide that a person performing functions or exercising powers under a delegation under subsection 82(1) must comply with any written direction; and that the Secretary may, in writing give such directions.
These subsections have been included to provide a mechanism to appropriately limit delegation powers as necessary, to retain proportionate controls on decision-making.

Part 7 – Application, saving and transitional provisions in relation to the commencement of this instrument

Sections 83 to 86 (inclusive) comprise Part 7 of the Regulations. This part sets out transitional arrangements in relation to the commencement of the instrument to assist in a smoother transition between the old regulations and the new. No equivalent provisions were included in the 1996 Regulations.

Section 83 – Definitions

Section 83 provides a shorthand for a reference in this Part to the 1996 Regulations, as in force immediately before 1 April 2026.

Sections 84 – Instruments made and other things done under the Regulations

Section 84 is a saving provision with broad effect.
Subsection 84(1) preserves the effect of subordinate instruments made for particular purposes under a provision in the 1996 Regulations, and still in effect or in force immediately before 1 April 2026, to the extent that those things can be done under the Regulations. This section includes an example of an appointment of an airport building controller by the Secretary under the 1996 Regulations continuing to be in force as if it were made under the relevant section in the new instrument. This example is not exclusive.
Subsection 84(2) preserves the effect of things done under the 1996 Regulations, to the extent that those things can be done under the Regulations. This includes matters such as applications, decisions, notices, or authorisations being given or made. This list is non-exhaustive.
Subsection 84(3) makes clear that a thing being done includes notices or consent being provided.
The Regulations have been remade in substantially the same form as the 1996 Regulations (with some updates and modernising changes), so there is a strong need for continuity between the old and new regulations.

Section 85 – Conduct, event, circumstances occurring before commencement

Section 85 is also a savings provision, with broad effect. It is intended to put beyond doubt that a function or duty may be performed, or a power exercised, under this instrument for conduct engaged in, or an event that occurred, or a circumstance that arose, before 1 April 2026. This section includes an example of refund of an application fee that may be paid in relation to an application made before commencement. This example is not exclusive.
The Regulations have been remade in substantially the same form as the 1996 Regulations (with some updates and modernising changes), so there is a strong need for continuity between the old and new regulations.

Section 86 – Applications made, but not determined, before commencement

Section 86 sets out that if an application was made under the 1996 Regulations, and not determined or withdrawn before 1 April 2026 it is treated as if it has been made for the same purpose under this instrument.
This is intended to provide continuity in how applications are managed between the 1996 Regulations and this instrument.
The Regulations have been remade in substantially the same form as the 1996 Regulations (with some updates and modernising changes), so there is a strong need for continuity between the old and new regulations.

Schedule 1 – Fees for applications for building permits and work permits

The schedule outlines fees payable for applications for a building or work permit. Application fees for each airport are set based on the total estimated cost of the proposed building or works.
Fee schedules remain as outlined in the 1996 Regulations.

Details of the Airports (Building Control) (Repeals and Consequential Amendments) Regulations 2025

Section 1 – Name

This section specifies the name of the Repeals and Consequential Amendments Regulations as the Airports (Building Control) (Repeals and Consequential Amendments) Regulations 2025.

Section 2 – Commencement

The section provides that the Repeals and Consequential Amendments Regulations commence on 1 April 2026. This is the same date that the 1996 Regulations are due to sunset, and the Regulations commence.

Section 3 – Authority

This section provides that the Repeals and Consequential Amendments Regulations are made under the Airports Act 1996 and the Civil Aviation Act 1988.

The latest versions of these Acts are available on the FRL (https://www.legislation.gov.au).

Section 4 – Schedules

This section provides that each instrument that is specified in a schedule to the instrument will be amended or repealed as set out in the applicable items in the schedule concerned, and any other item in a Schedule to the instrument will have effect according to its terms.

Schedule 1 – Repeals and Amendments

Part 1 – Repeals

The schedule outlines regulations to be repealed by this instrument.
The 1996 Regulations are repealed by this instrument. The 1996 Regulations have been replaced by the Regulations.
Part 7 of the Regulations preserves the effect of the 1996 Regulations to the extent necessary.

Part 2 – Amendments

The schedule outlines regulations to be amended by this instrument.
Amendments are made to the Civil Aviation Safety Regulations 1998 to replace references to the 1996 Regulations with references to the Regulations.

Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Airports Act 1996

Airports (Building Control) Regulations 2025
Airports (Building Control) (Repeals and Consequential Amendments) Regulations 2025

These Disallowable Legislative Instruments are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instruments

set out the regulatory framework for building activity approvals on airport sites;
set out the regulatory framework for issuing certificates of compliance for completed building activities on airport sites;
set out the appointment of airport building controllers;
provide for the issuing of infringement notices for non-compliance with land use planning and building controls outlined in the Act; and
provide detail for how the various regulatory mechanisms established by the Act operate in practice, for example, in relation to building approvals and certificates of compliance, including application processes, required information, and setting fees for applications.

The Airports (Building Control) (Repeals and Consequential Amendments) Regulations 2025 set out necessary repeals and consequential amendments associated with remaking the Regulations.

These Regulations replace the Airports (Building Control) Regulations 1996 (the 1996 Regulations), which sunset on 1 April 2026.

The sunsetting date was set by the Legislation (Airport Instruments) Sunset-altering Declaration 2018, and subsequent Legislation (Deferral of Sunsetting-Airport Instruments) Certificate 2022.

The purpose of this explanatory statement is to outline the changes that have been made as part of the remaking process. The FRL provides the legislative history of the sunsetting instrument, including past explanatory statements.

Modernisation

The Regulations have been updated to more closely align with the drafting of the Act, and meet modern drafting standards, while generally maintaining the intent and effect of the 1996 Regulations they replace. For example:

a range of changes to language have been made throughout the instrument – see the notes on sections at Attachment A for details;
definitions have been consolidated into section 4 in the Regulations (to the extent possible); and
spent and redundant provisions have been removed in the new instrument.

Minor and technical updates

The Regulations have been updated to address a variety of minor and technical issues in order to clarify and streamline processes. For example:

correcting outdated references to relevant standards, agencies, and documents;
providing for an online lodgement facility for receiving online applications and requests in relation to building approvals and certificates of compliance in place of a physical register of applications, and related amendments to reflect that these processes are now managed digitally;
more explicitly setting out where applications and, decisions are being made under the regulations, and the processes for written notice and merits review associated with these provisions;
providing for the transfer of a certificate of compliance where there is a change of interest in the relevant building or works;
explicitly outlining infringement notice offences against provisions of Part 5 of the Act, and penalty units for these infringement notices; and
updating provisions enabling the Secretary to appoint an authorised person to appropriate limit these powers, and enabling the Secretary to delegate powers to a Senior Executive Service officer employee of the department.

The Regulations also include Part 7, which sets out transitional arrangements in relation to the commencement of the instrument.

See the notes on sections at Attachment A for details.

Human rights implications

These Disallowable Legislative Instruments engage the following rights:

the Regulations negatively engage article 17 of the International Covenant on Civil and Political Rights;
the Regulations negatively engage article 19 of the International Covenant on Civil and Political Rights;
the Regulations positively engage article 11 of the International Covenant on Economic, Social and Cultural Rights; and
the Regulations positively engage article 12 of the International Covenant on Economic, Social and Cultural Rights.

International Covenant on Civil and Political Rights

Article 17 – The right to privacy and quiet enjoyment of property

The right to privacy is negatively engaged by the Regulations, as they set out processes that may require the collection of personal information from individual and corporate proponents who make applications for building approvals. Authorised persons may also require information related to a building approval application in order to provide oversight of the approval process.

However, the collection of personal information is proportionate to achieve the policy objectives of the instrument, which have the effect of protecting other rights (including the right to health, right to quiet enjoyment of property and the right to an adequate standard of living) and compliant with the Privacy Act 1988.

The right to privacy and quiet enjoyment of property is also negatively engaged by the Regulations, as they allow airport building controllers and authorised persons to inspect building activities to ensure they adhere to appropriate standards and meet conditions outlined in building approvals.

However, these rights of entry are reasonable, proportionate and necessary to achieve the policy objectives of the instrument, which have the effect of protecting other rights (including the right to health and the right to an adequate standard of living).

Article 19 – The right to freedom of expression

The Regulations negatively engage this right by placing non-disclosure obligations on airport building controllers in Section 68 in relation to confidential information.

However, these non-disclosure requirements are reasonable, proportionate and necessary to respect the rights and reputations of others (including protecting the right to privacy through protecting confidentiality) and the protection of public order.

International Covenant on Economic, Social and Cultural Rights

Article 11 – The right to an adequate standard of living, including adequate food, clothing and housing

The right to an adequate standard of living is positively engaged as the Regulations ensure buildings intended for occupation on leased federal airport sites are constructed and maintained to a standard suitable for occupation.

Article 12 – The right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

The right to health is positively engaged by the Regulations as they ensure safe and healthy working conditions in non-residential buildings on leased federal airport sites.

Conclusion

These Disallowable Legislative Instruments are compatible with human rights because they positively promote and engage some rights.

To the extent that the engagement is negative and limits human rights, those limitations are reasonable, necessary and proportionate to achieving the objective of establishing a system for the approval of building activity at leased federal airports.

The Honourable Catherine King MP

Minister for Infrastructure, Transport, Regional Development and Local Government

Airports (Building Control) (Repeals and Consequential Amendments) Regulations 2025

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

EXPLANATORY STATEMENT

Statement of Compatibility with Human Rights

Details of the Airports (Building Control) Regulations 2025

Part 1 – Preliminary

Part 2 – Building approvals

Part 3 – Certificates of compliance

Part 4 – Airport building controller

Part 5 – Infringement notices

Part 6 – Miscellaneous

Part 7 – Application, saving and transitional provisions in relation to the commencement of this instrument

Schedule 1 – Fees for applications for building permits and work permits

Details of the Airports (Building Control) (Repeals and Consequential Amendments) Regulations 2025

Schedule 1 – Repeals and Amendments

Part 1 – Repeals

Part 2 – Amendments

Statement of Compatibility with Human Rights

Interactions

Legislation content

EXPLANATORY STATEMENT

Statement of Compatibility with Human Rights

Details of the Airports (Building Control) Regulations 2025

Part 1 – Preliminary

Part 2 – Building approvals

Part 3 – Certificates of compliance

Part 4 – Airport building controller

Part 5 – Infringement notices

Part 6 – Miscellaneous

Part 7 – Application, saving and transitional provisions in relation to the commencement of this instrument

Schedule 1 – Fees for applications for building permits and work permits

Details of the Airports (Building Control) (Repeals and Consequential Amendments) Regulations 2025

Schedule 1 – Repeals and Amendments

Part 1 – Repeals

Part 2 – Amendments

Statement of Compatibility with Human Rights

Interactions

Authorises

All Versions