Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Before the publication of a notice under section 196 relating to an airport capacity declaration for an airport, the Minister must cause to be published in the Gazette a notice:
(a) stating that the Minister is considering making an airport capacity declaration for the airport; and
(b) inviting persons covered by any of the following subparagraphs to give the Minister a capacity submission within 30 days after the publication of the notice:
(i) an airport - operator company for the airport;
(ii) an aircraft operator who uses the airport;
(iii) Airservices Australia;
(iv) the Civil Aviation Safety Authority.
For this purpose, a capacity submission is a submission about the capacity of the airport.
(2) If a person gives the Minister a written submission in accordance with the notice, the Minister must have due regard to the submission in making the declaration.
(3) Subsection (2) does not, by implication, limit the matters to which the Minister may have regard.
Note: If an airport capacity declaration is varied, the variation must be dealt with under this section in the same manner as an original declaration--see subsection 33(3) of the Acts Interpretation Act 1901 .