Commonwealth Consolidated Acts

AIRPORTS ACT 1996 - SECT 78

  (1)   If a final master plan (the original plan ) for an airport is in force, the airport - lessee company for the airport may give the Minister, in writing, a draft master plan that is expressed to replace the original plan. When the draft plan becomes a final master plan, the original plan ceases to be in force.

  (2)   If a final master plan (the original plan ) for an airport is in force, the Minister may, by written notice given to the airport - lessee company for the airport, direct the company to give the Minister, in writing, a draft master plan that is expressed to replace the original plan. The company must comply with the direction:

  (a)   within 180 days after the day on which the notice was given; or

  (b)   if the Minister, by written notice given to the company, allows a longer period--within that longer period.

When the draft plan becomes a final master plan, the original plan ceases to be in force.

  (2A)   If a final master plan (the original plan ) for an airport is in force, and a more recent Australian Noise Exposure Forecast for the airport is endorsed in the manner approved by the Minister, the airport - lessee company for the airport must give the Minister, in writing, a draft master plan that is expressed to replace the original plan. The company must give the Minister the draft master plan:

  (a)   within 180 days of the more recent Australian Noise Exposure Forecast being endorsed; or

  (b)   if the Minister, by written notice given to the company, allows a longer period--within that longer period.

  (2B)   Subsection   (2A) does not apply to an Australian Noise Exposure Forecast that is obtained for the purposes of complying with subsection   76(1A).

  (3)   A company commits an offence if:

  (a)   the company is required to give the Minister a draft master plan under subsection   (2) or (2A); and

  (b)   the company engages in conduct; and

  (c)   the company's conduct contravenes the requirement.

Penalty:   250 penalty units.

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

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (5)   For the purposes of the prosecution of an offence under subsection   (3), it is irrelevant that, because of subsection   77(1), the original plan remains in force for longer than the period referred to in subsection   77(1).