Commonwealth Consolidated Acts

AIRPORTS ACT 1996 - SECT 96C

  (1)   An airport plan for Sydney West Airport must be divided into the following Parts:

  (a)   Part   1--Title;

  (b)   Part   2--Concept design;

  (c)   Part   3--Specific developments.

Note:   The plan may contain material outside those Parts (see subsection   (9)).

Part   2 of the plan--concept design

  (2)   Part   2 of an airport plan for Sydney West Airport may specify:

  (a)   development objectives for the airport; and

  (b)   proposals for land use and related development of the airport site; and

  (c)   a map showing contours of projected aircraft noise for the areas surrounding the airport; and

  (d)   indicative flight paths at the airport; and

  (e)   such other matters (if any) as are specified in the regulations.

Note:   Part   2 may contain other material (see subsection   (9)).

Part   3 of the plan--specific developments

  (3)   Part   3 of an airport plan for Sydney West Airport:

  (a)   may set out the details of one or more developments that:

  (i)   may be carried out on the airport site for Sydney West Airport; and

  (ii)   are consistent with Part   2 of the airport plan; and

  (b)   subject to this Act, authorises the carrying out of those developments.

Note:   Part   3 may contain other material (see subsection   (9)).

  (4)   Part   3 of an airport plan for Sydney West Airport:

  (a)   may set out the details of one or more ancillary developments that may be carried out on an associated site for Sydney West Airport; and

  (b)   subject to this Act, authorises the carrying out of those developments.

  (5)   Part   3 of an airport plan for Sydney West Airport may set out conditions to be complied with in relation to a development covered by that Part.

  (6)   Without limiting subsection   (5), the following conditions may be set out under that subsection:

  (a)   a condition relating to the ongoing operation of a development covered by Part   3 of the airport plan;

  (b)   a condition requiring:

  (i)   the preparation; and

  (ii)   the submission for approval by a specified person; and

  (iii)   the implementation;

    of a plan for managing the impact, on Sydney West Airport and an area surrounding Sydney West Airport, of a development covered by Part   3 of the airport plan;

  (c)   a condition relating to the manner in which a development is carried out.

  (7)   A condition may be expressed to apply to the airport - lessee company for Sydney West Airport even if, at the time the condition is set out, there is no airport lease for Sydney West Airport.

  (8)   If an airport plan for Sydney West Airport includes a condition or provision required by subsection   96B(9), any other condition or provision of the airport plan is of no effect to the extent that the other condition or provision is inconsistent with the required condition or provision. However, this rule does not apply if the inconsistency is the result of a variation agreed to by the Environment Minister under subsection   96D(3).

Other content of the plan

  (9)   An airport plan for Sydney West Airport may set out any other matters or contain any other material (whether in Part   1, 2 or 3 or otherwise).

Future sites

  (10)   If an area of land:

  (a)   is not part of the airport site for Sydney West Airport; and

  (b)   is intended to become part of the airport site for Sydney West Airport; and

  (c)   is not an associated site for Sydney West Airport;

this section has effect as if the area were part of the airport site for Sydney West Airport.

  (11)   If:

  (a)   an area of land is neither:

  (i)   part of the airport site for Sydney West Airport; nor

  (ii)   an associated site for Sydney West Airport; and

  (b)   the area is intended to become either:

  (i)   part of the airport site for Sydney West Airport; or

  (ii)   an associated site for Sydney West Airport; and

  (c)   subsection   (10) does not apply in relation to the area;

this section has effect as if the area were both:

  (d)   part of the airport site for Sydney West Airport; and

  (e)   an associated site for Sydney West Airport.

  (12)   An airport plan for Sydney West Airport does not authorise the carrying out of a development on an area mentioned in subsection   (10) or (11) until the area becomes:

  (a)   part of the airport site for Sydney West Airport; or

  (b)   an associated site for Sydney West Airport.