Commonwealth Consolidated Acts

AIRPORTS ACT 1996 - SECT 95A

Application of section

  (1A)   This section applies if the Minister has, under paragraph   95(2)(c), required a draft variation of a major development plan for an airport to be subject to public comment under this section.

Advice to State etc.

  (1B)   Before resubmitting the draft variation to the Minister, the airport - lessee company for the airport must advise, in writing, the following persons of its intention to resubmit the draft variation to the Minister:

  (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.

  (1C)   The draft variation resubmitted to the Minister must be accompanied by:

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

  (b)   a written certificate signed on behalf of the company listing the names of those covered by subsection   (1B) to whom the advice was given.

Public comment

  (1)   After giving the advice under subsection   (1B), but before resubmitting the draft variation to the Minister, the company must also:

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

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

  (ii)   stating that copies of the preliminary version will be available for inspection and purchase by members of the public during normal office hours throughout the period of 15 business days after the publication of 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 preliminary version will be available free of charge to members of the public on the airport's website throughout the period of 15   business days after the publication of 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 preliminary version to the company within 15 business days after the publication of the notice; and

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

  (c)   make copies of the preliminary 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.

  (2)   If members of the public (including persons covered by subsection   (1B)) have given written comments about the preliminary version in accordance with the notice, the draft variation resubmitted 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 variation; 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.