Commonwealth Consolidated Acts

AIRPORTS ACT 1996 - SECT 92

Advice to State etc.

  (1A)   Before giving the Minister a draft major development plan, the airport - lessee company concerned must advise, in writing, the following persons of its intention to give the Minister the draft major development plan:

  (a)   the Minister, of the State in which the airport is situated, with responsibility for town planning or use of land;

  (b)   the authority of that State with responsibility for town planning or use of land;

  (c)   each local government body with responsibility for an area surrounding the airport.

  (1B)   The draft plan submitted to the Minister must be accompanied by:

  (a)   a copy of the advice given under subsection   (1A); and

  (b)   a written certificate signed on behalf of the company listing the names of those to whom the advice was given.

Public comment

  (1)   After giving the advice under subsection   (1A), but before giving the Minister the draft major development plan, the company must also:

  (a)   cause to be published in a newspaper circulating generally in the State or Territory in which the airport is situated, and on the airport's website, a notice:

  (i)   stating that the company has prepared a draft version of the plan; and

  (ia)   specifying the consultation period under subsection   (2A); and

  (ii)   stating that copies of the draft version will be available for inspection and purchase by members of the public during normal office hours throughout the consultation period specified in the notice; and

  (iii)   specifying the place or places where the copies will be available for inspection and purchase; and

  (iiia)   in the case of a notice published in a newspaper--stating that copies of the draft version will be available free of charge to members of the public on the airport's website throughout the consultation period specified in the notice; and

  (iiib)   in the case of a notice published in a newspaper--specifying the address of the airport's website; and

  (iv)   in any case--inviting members of the public to give written comments about the draft version to the company within the consultation period specified in the notice; and

  (b)   make copies of the draft version available for inspection and purchase by members of the public in accordance with the notice; and

  (c)   make copies of the draft version available free of charge to members of the public on the airport's website:

  (i)   in a readily accessible format that is acceptable to the Minister; and

  (ii)   in accordance with the notice.

  (2A)   The consultation period is:

  (a)   a period of 60 business days after the publication of the notice; or

  (b)   a shorter period (of not less than 15 business days after the publication of the notice) that is approved by the Minister.

  (2B)   The Minister may, by written notice, approve the shortening of the consultation period if the Minister:

  (a)   is requested in writing to do so by:

  (i)   the airport - lessee company; or

  (ii)   another person with the written consent of the airport - lessee company; and

  (b)   is satisfied that:

  (i)   the proposed development is consistent with the final master plan; and

  (ii)   the proposed development does not raise any issues that have a significant impact on the local or regional community.

  (2BA)   If:

  (a)   a request for a particular shorter period is made under subsection   (2B); and

  (b)   the Minister does not make a decision on the request before the end of the period of 15 business days after the day on which the Minister received the request;

then, at the end of the period referred to in paragraph   (b), the request is taken to have been refused.

  (2C)   A notice made under subsection   (2B) is not a legislative instrument.

  (2)   If members of the public (including persons covered by subsection   (1A)) have given written comments about the draft version in accordance with the notice, the draft plan submitted to the Minister must be accompanied by:

  (a)   copies of those comments; and

  (b)   a written certificate signed on behalf of the company:

  (i)   listing the names of those members of the public; and

  (ii)   summarising those comments; and

  (iii)   demonstrating that the company has had due regard to those comments in preparing the draft plan; and

  (iv)   setting out such other information (if any) about those comments as is specified in the regulations.

  (3)   Subsection   (2) does not, by implication, limit the matters to which the company may have regard.