a core regulated airport; and

an airport specified in the regulations, where the site of the airport is a Commonwealth place.

there is a single lessee; and

the lessee is a qualified company; and

the term of the lease is not longer than 50 years (with or without an option to renew the lease for up to 49 years); and

if the airport is neither a joint-user airport nor Sydney West Airport—the lease provides for the use of the site as an airport (whether or not the lease also provides for other uses); and

if the airport is a joint-user airport—the lease provides for the use of the leased area for purposes in connection with the airport (whether or not the lease also provides for other uses); and

if the airport is Sydney West Airport—the lease provides for the development of the site as an airport or the use of the site as an airport, or both (whether or not the lease also provides for other developments or other uses); and

the lease provides for access to the airport by interstate air transport or international air transport, or both (whether or not the lease also provides for other access).

an unacceptable foreign-ownership situation in relation to the company would come into existence in the event of the grant; or

an unacceptable airline-ownership situation in relation to the company would come into existence in the event of the grant; or

both:

the company would become a member of a pair of airport-operator companies in the event of the grant; and

an unacceptable cross-ownership situation in relation to the pair would come into existence in the event of the grant.

all obligations and benefits of the Commonwealth under, or connected with, such an existing lease:

pass to the airport-lessee company; and

cease to be enforceable by or against the Commonwealth;

whether or not the obligations or benefits touch and concern the land;

an instrument relating to such an obligation or benefit continues to have effect after the grant of the airport lease as if a reference in the instrument to the Commonwealth or the Federal Airports Corporation were a reference to the company;

the company becomes the Commonwealth’s successor in law, in relation to such an obligation or benefit, immediately after the grant of the airport lease.

the person is a qualified company; or

the acquisition is by way of the enforcement of a loan security and the person is a constitutional corporation.

on a ground specified in the regulations; or

on the grounds set out in subsection 14(3); or

the grounds set out in subsection 16(2); or

on the grounds set out in subsection 19(1A); or

on the grounds set out in section 25.

a person acquires an airport lease; and

the acquisition is by way of the enforcement of a loan security;

the person must, within 7 days after acquiring the lease, give the Minister written notice of the acquisition.

an airport lease is subject to a loan security; and

the lender enters into possession of the land to which the lease relates; and

the entry into possession is by way of the enforcement of the loan security;

the lender must, within 7 days after entering into possession, give the Minister written notice of the entry into possession.

a person acquires an airport lease; and

the acquisition is by way of the enforcement of a loan security;

the person must transfer the lease to a qualified company:

within 90 days after acquiring the lease; or

if a longer period is specified in a written notice given to the person by the Minister—within that longer period.

Entry into possession

an airport lease is subject to a loan security; and

the lender enters into possession of the land to which the lease relates; and

the entry into possession is by way of the enforcement of the loan security;

the lender must cause the lease to be transferred to a qualified company:

within 90 days after the lender entered into possession; or

if a longer period is specified in a written notice given to the lender by the Minister—within that longer period.

Offence

the person is subject to a requirement to transfer a lease under subsection (1) or (1A); and

the person engages in conduct; and

the person’s conduct contravenes the requirement.

Strict liability

a person contravenes subsection (1) or (1A) in relation to an airport lease; and

the Minister applies to the Federal Court for an order terminating the lease;

the court may make such orders as the court considers appropriate for the purpose of terminating the lease.

Criteria for making order

whether the person made reasonable efforts to obtain the Minister’s approval for the transfer of the lease to another person; and

the reasonableness of the Minister’s decisions under paragraph (1)(d) or (1A)(e) in relation to the lease; and

such other matters (if any) as the court considers relevant.

an airport-operator company for an airport; or

a person acting on behalf of an airport-operator company for an airport;

has a defence to, or an immunity from:

an action or proceeding in court (whether civil or criminal); or

an administrative proceeding; or

a proceeding in a tribunal.

Airports other than joint-user airports

activities relating to the operation and/or development of the airport; or

activities incidental to the operation and/or development of the airport; or

activities that, under the regulations, are treated as activities incidental to the operation and/or development of the airport; or

activities that are consistent with the airport lease for the airport and the final master plan for the airport.

Joint-user airports

activities connected with the airport; or

activities incidental to activities connected with the airport; or

activities that, under the regulations, are treated as activities incidental to activities connected with the airport; or

activities that are consistent with the airport lease for the airport and the final master plan for the airport.

Offence

the company is subject to a requirement under subsection (1) or (2); and

the company engages in conduct; and

the company’s conduct contravenes the requirement.

Strict liability

approved in writing by the Minister; and

a qualified company.

Contravention

an unacceptable foreign-ownership situation in relation to the company would come into existence in the event that the agreement was entered into; or

an unacceptable airline-ownership situation in relation to the company would come into existence in the event that the agreement was entered into; or

both:

the company would become a member of a pair of airport-operator companies in the event that the agreement was entered into; and

an unacceptable cross-ownership situation in relation to the pair would come into existence in the event that the agreement was entered into.

Other grounds for refusing approval

the matters specified in the regulations; and

such other matters (if any) as the Minister considers relevant.

Approval of variation

the matters specified in the regulations; and

such other matters (if any) as the Minister considers relevant.

Termination of agreement if contractor ceases to be a qualified company

(a) a qualified company (the contractor) enters into an airport-management agreement in relation to an airport; and

at a particular time, the contractor ceases to be a qualified company;

the agreement terminates at that time.

Other means of termination

the airport-lessee company for the airport; and

another person;

under which the other person (either alone or together with the company and/or one or more other persons) is in a position to exercise control over either or both of the following:

the operation of the whole or a substantial part of the airport;

the direction to be taken in relation to the development of the whole or a substantial part of the airport.

Economic and commercial substance of agreement

the prohibition does not have any effect on the validity of the sublease during the 90-day period beginning at the imposition time; and

if, at the end of that 90-day period, the sublease contravenes the prohibition—the sublease is terminated immediately after the end of that period.

the prohibition does not have any effect on the validity of the sublease during the 90-day period beginning at the imposition time; and

if, at the end of that 90-day period, the sublease contravenes the prohibition—the sublease is terminated immediately after the end of that period.

the requirement does not have any effect on the validity of the sublease during the 90-day period beginning at the imposition time; and

if, at the end of that 90-day period, the sublease contravenes the requirement—the sublease is terminated immediately after the end of that period.

the prohibition does not have any effect on the validity of the licence during the 90-day period beginning at the imposition time; and

if, at the end of that 90-day period, the licence contravenes the prohibition—the licence is terminated immediately after the end of that period.

the prohibition does not have any effect on the validity of the licence during the 90-day period beginning at the imposition time; and

if, at the end of that 90-day period, the licence contravenes the prohibition—the licence is terminated immediately after the end of that period.

the requirement does not have any effect on the validity of the licence during the 90-day period beginning at the imposition time; and

if, at the end of that 90-day period, the licence contravenes the requirement—the licence is terminated immediately after the end of that period.

apart from this section, the operation of this Subdivision would result in the acquisition of property from a person otherwise than on just terms; and

the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.

the company is required to take steps under subsection (1); and

the company engages in conduct; and

the company’s conduct contravenes the requirement.

an order directing the disposal of shares; or

an order restraining the exercise of any rights attached to shares; or

an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or

an order that any exercise of rights attached to shares be disregarded.

has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and

has power to make an order containing such ancillary or consequential provisions as the court thinks just.

specified airports (not being core regulated airports); or

specified airports (not being core regulated airports) in specified circumstances.

the company is required to take steps under subsection (1); and

the company engages in conduct; and

the company’s conduct contravenes the requirement.

an order directing the disposal of shares; or

an order restraining the exercise of any rights attached to shares; or

an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or

an order that any exercise of rights attached to shares be disregarded.

has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and

has power to make an order containing such ancillary or consequential provisions as the court thinks just.

the company is required to take steps under subsection (1); and

the company engages in conduct; and

the company’s conduct contravenes the requirement.

an order directing the disposal of shares; or

an order restraining the exercise of any rights attached to shares; or

an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or

an order that any exercise of rights attached to shares be disregarded.

has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and

has power to make an order containing such ancillary or consequential provisions as the court thinks just.

the Minister is satisfied that:

the directors of an airport-operator company are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of a person (either alone or together with associates); or

a person (either alone or together with associates) is in a position to exercise control over an airport-operator company; and

the Minister is satisfied that:

the person does not have any type of stake in the company; or

if the person has one or more types of stake in the company—each of those stakes is not more than 15%;

the Minister may declare that the person has practical control of the airport-operator company for the purposes of this Act.

Declaration has effect

a declaration is in force under this section; and

the Minister ceases to be satisfied of the matters referred to in paragraphs (1)(a) and (b);

the Minister must revoke the declaration.

Gazettal and notification of declaration

(a) to be published in the Gazette; and

to be given to the airport-operator company and the person concerned.

(a) has practical control of a particular airport-operator company (the first company); and

the first company is a member of a pair of airport-operator companies; and

either of the following subparagraphs applies to the other member of the pair:

the person has practical control of the other member;

the person has a particular type of stake in the other member of more than 15%;

the person must take such steps as are necessary to ensure that there is at least one member of the pair where both of the following paragraphs apply:

both:

the directors of the company are not accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person (either alone or together with associates); and

the person (either alone or together with associates) is not in a position to exercise control over the company;

either:

the person does not have any type of stake in the company; or

if the person has one or more types of stake in the company—each of those stakes is not more than 15%.

The person must take those steps:

within 90 days after receiving the copy of the most recent declaration under section 55 relating to the practical control of the first company or the other member of the pair; or

if the Minister, by written notice given to the person, allows a longer period for compliance—before the end of that longer period.

the person is required to take steps under subsection (1); and

the person engages in conduct; and

the person’s conduct contravenes the requirement.

(a) has practical control of a particular airport-operator company (the first company); and

the first company is a member of a pair of airport-operator companies; and

either of the following subparagraphs applies to the other member of the pair:

the person has practical control of the other member;

the person has a particular type of stake in the other member of more than 15%;

the Federal Court may, on application by the Minister, make such orders as the court considers appropriate to ensure that there is at least one member of the pair where both of the following paragraphs apply:

both:

the directors of the company are not accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person (either alone or together with associates); and

the person (either alone or together with associates) is not in a position to exercise control over the company;

either:

the person does not have any type of stake in the company; or

if the person has one or more types of stake in the company—each of those stakes is not more than 15%.

an order directing the disposal of shares; or

an order restraining the exercise of any rights attached to shares; or

an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or

an order that any exercise of rights attached to shares be disregarded.

has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and

has power to make an order containing such ancillary or consequential provisions as the court thinks just.

Australian citizens; or

foreign citizens ordinarily resident in Australia.

to keep and retain records, where the records are relevant to an ownership matter; and

to give information to the Minister that is relevant to:

an ownership matter; or

ascertaining whether Division 6 has been or is being complied with; and

to give information to an airport-operator company, where the information is relevant to an ownership matter that concerns the company.

Statutory declarations

the person is required to keep and retain records and to give information under subsection (1); and

the person engages in conduct; and

the person’s conduct contravenes the requirement.

Strict liability

whether a person holds a particular type of stake in an airport-operator company and, if so, the level of that stake;

whether the directors of an airport-operator company are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of a person (either alone or together with associates);

whether a person (either alone or together with associates) is in a position to exercise control over an airport-operator company.

For this purpose, control has the same meaning as in section 54.

the order would result in the acquisition of property from a person otherwise than on just terms; and

the order would be invalid because of paragraph 51(xxxi) of the Constitution.

a core regulated airport, if there is an airport lease for the airport; and

an airport prescribed in the regulations, if there is an airport lease for the airport.

to establish the strategic direction for efficient and economic development at the airport over the planning period of the plan; and

to provide for the development of additional uses of the airport site; and

to indicate to the public the intended uses of the airport site; and

to reduce potential conflicts between uses of the airport site, and to ensure that uses of the airport site are compatible with the areas surrounding the airport; and

to ensure that all operations at the airport are undertaken in accordance with relevant environmental legislation and standards; and

to establish a framework for assessing compliance at the airport with relevant environmental legislation and standards; and

to promote the continual improvement of environmental management at the airport.

the airport-lessee company’s development objectives for the airport; and

the airport-lessee company’s assessment of the future needs of civil aviation users of the airport, and other users of the airport, for services and facilities relating to the airport; and

the airport-lessee company’s intentions for land use and related development of the airport site, where the uses and developments embrace airside, landside, surface access and land planning/zoning aspects; and

an Australian Noise Exposure Forecast (in accordance with regulations, if any, made for the purpose of this paragraph) for the areas surrounding the airport; and

flight paths (in accordance with regulations, if any, made for the purpose of this paragraph) at the airport; and

the airport-lessee company’s plans, developed following consultations with the airlines that use the airport and local government bodies in the vicinity of the airport, for managing aircraft noise intrusion in areas forecast to be subject to exposure above the significant ANEF levels; and

the airport-lessee company’s assessment of environmental issues that might reasonably be expected to be associated with the implementation of the plan; and

the airport-lessee company’s plans for dealing with the environmental issues mentioned in paragraph (f) (including plans for ameliorating or preventing environmental impacts); and

in relation to the initial period (see subsection (3A)) of the master plan—a plan for a ground transport system on the landside of the airport that details:

a road network plan; and

the facilities for moving people (employees, passengers and other airport users) and freight at the airport; and

the linkages between those facilities, the road network and public transport system at the airport and the road network and public transport system outside the airport; and

the arrangements for working with the State or local authorities or other bodies responsible for the road network and the public transport system; and

the capacity of the ground transport system at the airport to support operations and other activities at the airport; and

the likely effect of the proposed developments in the master plan on the ground transport system and traffic flows at, and surrounding, the airport; and

in relation to the initial period (see subsection (3A)) of the master plan—detailed information on the proposed developments in the master plan that are to be used for:

commercial, community, office or retail purposes; or

for any other purpose that is not related to airport services; and

in relation to the initial period (see subsection (3A)) of the master plan—the likely effect of the proposed developments in the master plan on:

employment levels at the airport; and

the local and regional economy and community, including an analysis of how the proposed developments fit within the planning schemes for commercial and retail development in the area that is adjacent to the airport; and

in relation to the initial period (see subsection (3A)) of the master plan—an environment strategy that details:

the airport-lessee company’s objectives for the environmental management of the airport; and

the areas (if any) within the airport site which the airport-lessee company, in consultation with State and Federal conservation bodies, identifies as environmentally significant; and

the sources of environmental impact associated with airport operations; and

the studies, reviews and monitoring to be carried out by the airport-lessee company in connection with the environmental impact associated with airport operations; and

the time frames for completion of those studies and reviews and for reporting on that monitoring; and

the specific measures to be carried out by the airport-lessee company for the purposes of preventing, controlling or reducing the environmental impact associated with airport operations; and

the time frames for completion of those specific measures; and

details of the consultations undertaken in preparing the strategy (including the outcome of the consultations); and

any other matters that are prescribed in the regulations; and

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

Paragraphs (a) to (h) do not, by implication, limit paragraph (j).

Joint-user airports

the airport-lessee company’s development objectives for civil use of the airport; and

the airport-lessee company’s assessment of the future needs of civil aviation users of the airport, and other civil users of the airport, for services and facilities relating to the area of the airport site leased to the company; and

the airport-lessee company’s intentions for land use and related development of the area of the airport site leased to the company, where the uses and developments embrace:

in all cases—landside, surface access and land planning/zoning aspects; and

if the leased area includes one or more runways or taxiways—airside aspects; and

an Australian Noise Exposure Forecast (in accordance with regulations, if any, made for the purpose of this paragraph) for the areas surrounding the airport; and

flight paths (in accordance with regulations, if any, made for the purpose of this paragraph) at the airport; and

the airport-lessee company’s plans, developed following consultations with the airlines that use the airport, local government bodies in the vicinity of the airport and the Defence Department, for managing aircraft noise intrusion in areas forecast to be subject to exposure above the significant ANEF levels; and

the airport-lessee company’s assessment of environmental issues that might reasonably be expected to be associated with the implementation of the plan; and

the airport-lessee company’s plans for dealing with the environmental issues mentioned in paragraph (f) (including plans for ameliorating or preventing environmental impacts); and

in relation to the initial period (see subsection (3A)) of the master plan—a plan for a ground transport system on the landside of the airport that details:

a road network plan; and

the facilities for moving people (employees, passengers and other airport users) and freight at the airport; and

the linkages between those facilities, the road network and public transport system at the airport and the road network and public transport system outside the airport; and

the arrangements for working with the State or local authorities or other bodies responsible for the road network and the public transport system; and

the capacity of the ground transport system at the airport to support operations and other activities at the airport; and

the likely effect of the proposed developments in the master plan on the ground transport system and traffic flows at, and surrounding, the airport; and

in relation to the initial period (see subsection (3A)) of the master plan—detailed information on the proposed developments in the master plan that are to be used for:

commercial, community, office or retail purposes; or

for any other purpose that is not related to airport services; and

in relation to the initial period (see subsection (3A)) of the master plan—the likely effect of the proposed developments in the master plan on:

employment levels at the airport; and

the local and regional economy and community, including an analysis of how the proposed developments fit within the planning schemes for commercial and retail development in the area that is adjacent to the airport; and

in relation to the initial period (see subsection (3A)) of the master plan—an environment strategy that details:

the airport-lessee company’s objectives for the environmental management of the airport; and

the areas (if any) within the airport site which the airport-lessee company, in consultation with State and Federal conservation bodies, identifies as environmentally significant; and

the sources of environmental impact associated with civil aviation operations at the airport; and

the studies, reviews and monitoring to be carried out by the airport-lessee company in connection with the environmental impact associated with civil aviation operations at the airport; and

the time frames for completion of those studies and reviews and for reporting on that monitoring; and

the specific measures to be carried out by the airport-lessee company for the purposes of preventing, controlling or reducing the environmental impact associated with civil aviation operations at the airport; and

the time frames for completion of those specific measures; and

details of the consultations undertaken in preparing the strategy (including the outcome of the consultations); and

any other matters that are prescribed in the regulations; and

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

Paragraphs (a) to (h) do not, by implication, limit paragraph (j).

Initial period of the master plan

in the case of Sydney (Kingsford-Smith) Airport, Sydney West Airport, Melbourne (Tullamarine) Airport, Brisbane Airport or Perth Airport—the first 5 years of the plan; or

in the case of any other airport—the first 8 years of the plan.

Matters provided by regulations

the whole of the planning period of the plan;

one or more specified periods that are included in the planning period of the plan;

subject to any specified conditions, a specified period that is longer than the planning period of the plan.

the extent (if any) of consistency with planning schemes in force under a law of the State in which the airport is located; and

if the draft or final master plan is not consistent with those planning schemes—the justification for the inconsistencies.

a residential dwelling;

a community care facility;

a pre-school;

a primary, secondary, tertiary or other educational institution;

a hospital.

an aviation educational facility;

accommodation for students studying at an aviation educational facility at the airport;

a facility with the primary purpose of providing emergency medical treatment and which does not have in-patient facilities;

a facility with the primary purpose of providing in-house training to staff of an organisation conducting operations at the airport.

a flying training school;

an aircraft maintenance training school;

a facility that provides training in relation to air traffic control;

a facility that provides training for cabin crew;

any other facility with the primary purpose of providing training in relation to aviation related activities.

community care facility includes the following:

(a) a facility that provides funded aged care services within the meaning given by the Aged Care Act 2024;

(c) a retirement village within the meaning given by the Social Security Act 1991.

a company acquires or is granted an airport lease; and

a final master plan for the airport is not in force at the time of the acquisition or grant; and

in the case of a grant—subsection (1A) does not apply to the grant;

the company must give the Minister, in writing, a draft master plan for the airport:

within 12 months after the acquisition or grant; or

if the Minister, by written notice given to the company, allows a longer period—within that longer period.

a company is granted an airport lease for Sydney West Airport; and

the lease is the first airport lease granted for the airport;

the company must give the Minister, in writing, a draft master plan for the airport:

within 5 years after the grant; or

if the Minister, by written notice given to the company, allows a longer period—within that longer period.

the company is required to give the Minister a draft master plan under subsection (1) or (1A); and

the company engages in conduct; and

the company’s conduct contravenes the requirement.

no later than:

in the case of Sydney (Kingsford-Smith) Airport, Sydney West Airport, Melbourne (Tullamarine) Airport, Brisbane Airport or Perth Airport—5 years after the original plan came into force; or

in the case of any other airport—8 years after the original plan came into force; or

within a longer period that the Minister specifies in a written notice to the airport-lessee company.

The planning period for the draft master plan must begin immediately after the expiry of the original plan.

must obtain a new Australian Noise Exposure Forecast; and

must specify that new Australian Noise Exposure Forecast in that plan.

The new Australian Noise Exposure Forecast must have been endorsed in the last 180 days of the period applicable under paragraph (1)(a) or (b).

the company is subject to a requirement under subsection (1) or (1A); and

the company engages in conduct; and

the company’s conduct contravenes the requirement.

in the case of Sydney (Kingsford-Smith) Airport, Sydney West Airport, Melbourne (Tullamarine) Airport, Brisbane Airport or Perth Airport—5 years; or

in the case of any other airport—8 years.

However, if, at the end of that period, a fresh final master plan does not come into force, the original plan remains in force until a fresh plan comes into force.

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

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.

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

if the Minister, by written notice given to the company, allows a longer period—within that longer period.

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

the company engages in conduct; and

the company’s conduct contravenes the requirement.

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

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

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

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

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

Public comment

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:

stating that the company has prepared a preliminary version of the draft plan; and

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 60 business days after the publication of the notice; and

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

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 60 business days after the publication of the notice; and

in the case of a notice published in a newspaper—specifying the address of the airport’s website; and

in any case—inviting members of the public to give written comments about the preliminary version to the company within 60 business days after the publication of the notice; and

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

make copies of the preliminary version available free of charge to members of the public on the airport’s website:

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

in accordance with the notice.

copies of those comments; and

a written certificate signed on behalf of the company:

listing the names of those members of the public; and

summarising those comments; and

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

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

an airport-lessee company gives the Minister a draft master plan under section 75, 76 or 78; and

before the publication under section 79 of a notice about the plan, the company consulted (other than by giving an advice under subsection 79(1A)) a person covered by any of the following subparagraphs:

a State government;

an authority of a State;

a local government body;

an airline or other user of the airport concerned;

any other person.

listing the names of the persons consulted; and

summarising the views expressed by the persons consulted.

on or after the day the Minister requested the material; and

on or before the day on which the Minister receives the last of the material requested.

approve the plan; or

refuse to approve the plan.

the extent to which the plan achieves the purposes of a final master plan (see subsection 70(2));

the extent to which carrying out the plan would meet present and future requirements of civil aviation users of the airport, and other users of the airport, for services and facilities relating to the airport concerned;

the effect that carrying out the plan would be likely to have on the use of land:

within the airport site concerned; and

in areas surrounding the airport;

the consultations undertaken in preparing the plan (including the outcome of the consultations);

the views of the Civil Aviation Safety Authority and Airservices Australia, in so far as they relate to safety aspects and operational aspects of the plan.

the period of 50 business days after the day on which the Minister received the draft plan; or

a longer period (of no more than an extra 10 business days) that the Minister specifies in a written notice to the airport-lessee company;

the Minister is taken, at the end of that period, to have approved the plan under subsection (2).

within 180 days after the day on which the direction was given; or

if the Minister, by written notice given to the company, allows a longer period—within that longer period.

the company is subject to a direction under subsection (8); and

the company engages in conduct; and

the company’s conduct contravenes the direction.

an airport-lessee company gives the Minister, in writing, a draft master plan for Sydney West Airport; and

an airport plan for the airport is in force;

the Minister may refuse to approve the draft master plan if the Minister is satisfied that the draft master plan is inconsistent with the airport plan.

before the Sydney West Airport completion day, the airport-lessee company for Sydney West Airport gives the Minister, in writing, a draft master plan for Sydney West Airport; and

an airport plan for the airport is in force; and

the draft master plan is accompanied by an application to vary the airport plan; and

the Minister is satisfied that, if:

the airport plan were to be so varied; and

the draft master plan were to be approved;

the draft master plan as so approved would be consistent with the airport plan;

the Minister may approve the draft master plan even if it is inconsistent with the airport plan.

on or after the Sydney West Airport completion day, the airport-lessee company for Sydney West Airport gives the Minister, in writing, a draft master plan for Sydney West Airport; and

an airport plan for the airport is in force;

the Minister may approve the draft master plan even if it is inconsistent with Part 3 of the airport plan.

an airport lease is transferred; and

before the transfer, a draft master plan had been submitted by the transferor to the Minister; and

immediately before the transfer, the Minister had not made a decision whether to approve the draft plan.

to have given the draft plan to the Minister immediately after the transfer; and

to have adopted the draft plan as its own;

unless, within 60 days after the transfer, the transferee gives the Minister a written undertaking to give the Minister an alternative draft plan.

a final master plan for an airport is in force; and

the airport-lessee company for the airport gives the Minister, in writing, a draft variation of the plan; and

the variation is of a minor nature.

approve the variation; or

refuse to approve the variation.

the period of 50 business days after the day on which the Minister received the draft variation; or

a longer period (of no more than an extra 10 business days) that the Minister specifies in a written notice to the airport-lessee company;

the Minister is taken, at the end of that period, to have approved the variation under subsection (2).

a final master plan for Sydney West Airport is in force; and

the airport-lessee company for the airport gives the Minister, in writing, a draft variation of the final master plan; and

an airport plan for the airport is in force;

the Minister may refuse to approve the draft variation if the Minister is satisfied that, if the variation were to be made, the varied final master plan would be inconsistent with the airport plan.

a final master plan for Sydney West Airport is in force; and

before the Sydney West Airport completion day, the airport-lessee company for the airport gives the Minister, in writing, a draft variation of the final master plan; and

an airport plan for the airport is in force; and

the draft variation of the final master plan is accompanied by an application to vary the airport plan; and

the Minister is satisfied that, if:

the airport plan were to be so varied; and

the draft variation of the final master plan were to be approved;

the varied final master plan would be consistent with the airport plan;

the Minister may approve the draft variation of the final master plan even if the Minister is satisfied that, if the draft variation of the final master plan were to be approved, the varied final master plan would be inconsistent with the airport plan.

a final master plan for Sydney West Airport is in force; and

on or after the Sydney West Airport completion day, the airport-lessee company for the airport gives the Minister, in writing, a draft variation of the final master plan; and

an airport plan for the airport is in force;

the Minister may approve the draft variation even if the Minister is satisfied that, if the draft variation were to be approved, the varied final master plan would be inconsistent with the airport plan.

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

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

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

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

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

Public comment

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:

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

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

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

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

in the case of a notice published in a newspaper—specifying the address of the airport’s website; and

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

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

make copies of the preliminary version available free of charge to members of the public on the airport’s website:

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

in accordance with the notice.

copies of those comments; and

a written certificate signed on behalf of the company:

listing the names of those members of the public; and

summarising those comments; and

demonstrating that the company has had due regard to those comments in preparing the draft variation; and

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

a final master plan for an airport is in force; and

the airport-lessee company for the airport becomes aware that a particular matter may significantly affect the achievement of the plan;

the company must, within 60 days after it becomes aware of that matter, give the Minister a written notice:

setting out particulars of the matter; and

explaining the effect of the matter on the achievement of the plan.

the company is required to give a written notice under subsection (1); and

the company engages in conduct; and

the company’s conduct contravenes the requirement.

the Minister approves a draft master plan for an airport; or

the Minister approves a draft variation of a final master plan for an airport.

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:

stating that the plan or variation has been approved; and

stating that copies of the plan or variation will be available for inspection and purchase by members of the public during normal office hours while the plan remains in force; and

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

in the case of a notice published in a newspaper—stating that copies of the plan or variation will be available free of charge to members of the public on the airport’s website while the plan remains in force; and

in the case of a notice published in a newspaper—specifying the address of the airport’s website; and

make copies of the plan or variation available for inspection and purchase by members of the public in accordance with the notice; and

make copies of the plan or variation available free of charge to members of the public on the airport’s website:

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

in accordance with the notice.

The company must comply with this subsection:

within 50 business days after the approval of the plan or variation, as the case requires; or

if the Minister, by written notice given to the company, allows a longer period—within that longer period.

the company is subject to a requirement to publish a notice and make copies of a plan or variation available under subsection (2); and

the company engages in conduct; and

the company’s conduct contravenes the requirement.

relates to the airport; and

(b) was prepared for or by the Federal Airports Corporation when the airport was a Federal airport, or a Federal airport development site, within the meaning of the Federal Airports Corporation Act 1986.

the plan is given to the Minister under this Division; or

a preliminary version of the plan is made available for inspection and purchase under section 79.

constructing a new runway; or

extending the length of a runway; or

altering a runway (other than in the course of maintenance works) in any way that significantly changes:

flight paths; or

the patterns or levels of aircraft noise; or

constructing a new building wholly or principally for use as a passenger terminal, where the building’s gross floor space is greater than 500 square metres; or

extending a building that is wholly or principally for use as a passenger terminal, where the extension increases the building’s gross floor space by more than 10%; or

constructing a new building, where:

the building is not wholly or principally for use as a passenger terminal; and

the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or

constructing a new taxiway, where:

the construction significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and

the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or

extending a taxiway, where:

the extension significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and

the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or

constructing a new road or new vehicular access facility, where:

the construction significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and

the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or

extending a road or vehicular access facility, where:

the extension significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and

the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or

constructing a new railway or new rail handling facility, where:

the construction significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and

the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or

extending a railway or rail handling facility, where:

the extension significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and

the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or

a development of a kind that is likely to have significant environmental or ecological impact; or

a development which affects an area identified as environmentally significant in the environment strategy; or

a development of a kind that is likely to have a significant impact on the local or regional community; or

a development in relation to which the Minister has given an approval under section 89A; or

a development of a kind specified in the regulations.

the parties to a transaction do not deal with each other at arm’s length in relation to the transaction; and

a cost arising out of that transaction is less than is reasonable;

the amount of that cost is taken to be the amount of the cost that would have arisen if the parties had dealt with each other at arm’s length.

each individual development is:

covered by subparagraph (1)(e)(i), (f)(i), (g)(i), (h)(i), (j)(i), (k)(i) or (l)(i); but

not covered by subparagraph (1)(e)(ii), (f)(ii), (g)(ii), (h)(ii), (j)(ii), (k)(ii) or (l)(ii); and

the developments are:

consecutive or concurrent projects; or

extensions to existing buildings.

an airport-lessee company applies to the Minister in writing to consider whether the development constitutes a major airport development (and so requires a major development plan); and

the Minister is satisfied, on reasonable grounds, that the development will not:

change the flight paths; or

change the patterns or levels of aircraft noise; or

unduly increase the noise heard by, or unduly cause a nuisance to, the community adjacent to the airport.

includes the costs determined in an instrument under subsection (8) for the purposes of this paragraph; and

does not include the costs determined in the instrument for the purposes of this paragraph.

determine costs for the purposes of paragraph (7)(a); and

determine costs for the purposes of paragraph (7)(b).

Threshold amount

$25 million; or

if an amount is determined in an instrument under subsection (10) and is in effect in accordance with subsection (11)—that amount.

for the first determination—the commencement of this subsection; or

otherwise—the last determination made by the Minister.

carry out a sensitive development relating to an airport; or

cause or permit to be carried out a sensitive development relating to an airport;

unless the Minister gives an approval under this section for the preparation of a draft major development plan for the sensitive development at the airport.

the person is subject to a requirement under subsection (1); and

the person engages in conduct; and

the person’s conduct contravenes the requirement.

carry out a major airport development relating to the airport; or

cause or permit to be carried out a major airport development relating to the airport;

unless:

in any case—the carrying out of the development is in accordance with a major development plan approved under this Division; or

if:

the airport is Sydney West Airport; and

the development is covered by Part 3 of an airport plan for the airport;

the carrying out of the development is in accordance with Part 3 of the airport plan; or

in any case—the development is of a kind declared by the regulations to be exempt from this Division.

a major airport development plan in relation to an airport is approved under this Division; and

the approval is subject to a condition that applies to the airport-lessee company for the airport;

the company must comply with the condition.

the company is subject to a requirement under subsection (1) or (2); and

the company engages in conduct; and

the company’s conduct contravenes the requirement.

carry out a major airport development relating to an airport; or

cause or permit to be carried out a major airport development relating to an airport;

unless:

in any case—the carrying out of the development is in accordance with a major development plan approved under this Division; or

if:

the airport is Sydney West Airport; and

the development is covered by Part 3 of an airport plan for the airport;

the carrying out of the development is in accordance with Part 3 of the airport plan; or

in any case—the development is of a kind declared by the regulations to be exempt from this Division.

a major airport development plan in relation to an airport is approved under this Division; and

the approval is subject to a condition that applies to a person (other than the airport-lessee company for the airport);

the person must comply with the condition.

the person is subject to a requirement under subsection (4) or (5); and

the person engages in conduct; and

the person’s conduct contravenes the requirement.

relates to the airport; and

is consistent with the airport lease for the airport and the final master plan for the airport.

the airport-lessee company’s objectives for the development; and

the airport-lessee company’s assessment of the extent to which the future needs of civil aviation users of the airport, and other users of the airport, will be met by the development; and

a detailed outline of the development; and

whether or not the development is consistent with the airport lease for the airport; and

if a final master plan for the airport is in force—whether or not the development is consistent with the final master plan; and

if the development could affect noise exposure levels at the airport—the effect that the development would be likely to have on those levels; and

if the development could affect flight paths at the airport—the effect that the development would be likely to have on those flight paths; and

the airport-lessee company’s plans, developed following consultations with the airlines that use the airport, local government bodies in the vicinity of the airport and—if the airport is a joint user airport—the Defence Department, for managing aircraft noise intrusion in areas forecast to be subject to exposure above the significant ANEF levels; and

an outline of the approvals that the airport-lessee company, or any other person, has sought, is seeking or proposes to seek under Division 5 or Part 12 in respect of elements of the development; and

the likely effect of the proposed developments that are set out in the major development plan, or the draft of the major development plan, on:

traffic flows at the airport and surrounding the airport; and

employment levels at the airport; and

the local and regional economy and community, including an analysis of how the proposed developments fit within the local planning schemes for commercial and retail development in the adjacent area; and

the airport-lessee company’s assessment of the environmental impacts that might reasonably be expected to be associated with the development; and

the airport-lessee company’s plans for dealing with the environmental impacts mentioned in paragraph (h) (including plans for ameliorating or preventing environmental impacts); and

if the plan relates to a sensitive development—the exceptional circumstances that the airport-lessee company claims will justify the development of the sensitive development at the airport; and

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

the extent (if any) of consistency with planning schemes in force under a law of the State in which the airport is located; and

if the major development plan is not consistent with those planning schemes—the justification for the inconsistencies.

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

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

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

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

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

Public comment

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:

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

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

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

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

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

in the case of a notice published in a newspaper—specifying the address of the airport’s website; and

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

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

make copies of the draft version available free of charge to members of the public on the airport’s website:

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

in accordance with the notice.

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

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

is requested in writing to do so by:

the airport-lessee company; or

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

is satisfied that:

the proposed development is consistent with the final master plan; and

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

(2BA) If:

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

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.

copies of those comments; and

a written certificate signed on behalf of the company:

listing the names of those members of the public; and

summarising those comments; and

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

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

an airport-lessee company gives the Minister a draft major development plan; and

before the publication under section 92 of a notice about the plan, the company consulted (other than by giving an advice under subsection 92(1A)) a person covered by any of the following subparagraphs:

a State government;

an authority of a State;

a local government body;

an airline or other user of the airport concerned;

any other person.

listing the names of the persons consulted; and

summarising the views expressed by the persons consulted.

on or after the day the Minister requested the material; and

on or before the day on which the Minister receives the last of the material requested.

approve the plan; or

refuse to approve the plan.

the extent to which the plan achieves the purpose of a major development plan (see subsection 91(1A));

the extent to which carrying out the plan would meet the future needs of civil aviation users of the airport, and other users of the airport, for services and facilities relating to the airport;

the effect that carrying out the plan would be likely to have on the future operating capacity of the airport;

the impact that carrying out the plan would be likely to have on the environment;

the consultations undertaken in preparing the plan (including the outcome of the consultations);

the views of the Civil Aviation Safety Authority and Airservices Australia, in so far as they relate to safety aspects and operational aspects of the plan;

if the plan relates to a sensitive development:

whether the exceptional circumstances that the airport-lessee company claims will justify the development of the sensitive development at the airport; and

the likely effect of the sensitive development on the future use of the airport site for aviation related purposes; and

the likely effect of the sensitive development on the ground transport system at, and adjacent to, the airport.

the period of 50 business days after the day on which the Minister received the draft plan; or

a longer period (of no more than an extra 10 business days) that the Minister specifies in a written notice to the airport-lessee company;

the Minister is taken, at the end of that period, to have approved the plan under subsection (2).

(6AA) A notice made under subsection (6)(b) is not a legislative instrument.

an airport-lessee company gives the Minister, in writing, a draft major development plan for Sydney West Airport; and

an airport plan for the airport is in force;

the Minister may refuse to approve the draft major development plan if the Minister is satisfied that the draft major development plan is inconsistent with the airport plan.

before the Sydney West Airport completion day, the airport-lessee company for Sydney West Airport gives the Minister, in writing, a draft major development plan for the airport; and

an airport plan for the airport is in force; and

the draft major development plan is accompanied by an application to vary the airport plan; and

the Minister is satisfied that, if:

the airport plan were to be so varied; and

the draft major development plan were to be approved;

the draft major development plan as so approved would be consistent with the airport plan;

the Minister may approve the draft major development plan even if it is inconsistent with the airport plan.

on or after the Sydney West Airport completion day, the airport-lessee company for Sydney West Airport gives the Minister, in writing, a draft major development plan for the airport; and

an airport plan for the airport is in force;

the Minister may approve the draft major development plan even if it is inconsistent with the airport plan.

a major development plan for an airport has been approved by the Minister; and

the airport-lessee company for the airport gives the Minister, in writing, a draft variation of the plan; and

the variation is of a minor nature.

approve the variation; or

refuse to approve the variation; or

if:

the Minister has not previously required the variation to be subject to public comment under section 95A; and

in the Minister’s opinion, it would be in the public interest to do so;

require the variation to be subject to public comment under section 95A.

the period of 50 business days after the day on which the Minister received the draft variation; or

a longer period (of no more than an extra 10 business days) that the Minister specifies in a written notice to the airport-lessee company;

the Minister is taken, at the end of that period, to have approved the variation under subsection (2).

(3AA) A notice made under paragraph (3)(b) is not a legislative instrument.

a major development plan for Sydney West Airport has been approved by the Minister; and

the airport-lessee company for the airport gives the Minister, in writing, a draft variation of the major development plan; and

an airport plan for the airport is in force;

the Minister may refuse to approve the draft variation if the Minister is satisfied that, if the variation were to be made, the varied major development plan would be inconsistent with the airport plan.

a major development plan for Sydney West Airport has been approved by the Minister; and

before the Sydney West Airport completion day, the airport-lessee company for the airport gives the Minister, in writing, a draft variation of the major development plan; and

an airport plan for the airport is in force; and

the draft variation of the major development plan is accompanied by an application to vary the airport plan; and

the Minister is satisfied that, if:

the airport plan were to be so varied; and

the draft variation of the major development plan were to be approved;

the varied major development plan would be consistent with the airport plan;

the Minister may approve the draft variation of the major development plan even if the Minister is satisfied that, if the draft variation of the major development plan were to be approved, the varied major development plan would be inconsistent with the airport plan.

a major development plan for Sydney West Airport has been approved by the Minister; and

on or after the Sydney West Airport completion day, the airport-lessee company for the airport gives the Minister, in writing, a draft variation of the major development plan; and

an airport plan for the airport is in force;

the Minister may approve the draft variation even if the Minister is satisfied that, if the draft variation were to be approved, the varied major development plan would be inconsistent with the airport plan.

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

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

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

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

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

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:

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

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

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

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

in the case of a notice published in a newspaper—specifying the address of the airport’s website; and

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

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

make copies of the preliminary version available free of charge to members of the public on the airport’s website:

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

in accordance with the notice.

copies of those comments; and

a written certificate signed on behalf of the company:

listing the names of those members of the public; and

summarising those comments; and

demonstrating that the company has had due regard to those comments in preparing the draft variation; and

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

the Minister approves a draft major development plan for an airport; or

the Minister approves a draft variation of a major development plan for an airport.

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:

stating that the plan or variation has been approved; and

stating that copies of the plan or variation will be available for inspection and purchase by members of the public during normal office hours for 180 days after the publication of the notice; and

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

in the case of a notice published in a newspaper—stating that copies of the plan or variation will be available free of charge to members of the public on the airport’s website throughout the period of 180 days after the publication of the notice; and

in the case of a notice published in a newspaper—specifying the address of the airport’s website; and

make copies of the plan or variation available for inspection and purchase by members of the public in accordance with the notice; and

make copies of the plan or variation available free of charge to members of the public on the airport’s website:

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

in accordance with the notice.

The company must comply with this subsection:

within 50 business days after the approval of the plan or variation, as the case may be; or

if the Minister, by written notice given to the company, allows a longer period—within that longer period.

the company is required to publish a notice and make copies of a plan or variation available under subsection (2); and

the company engages in conduct; and

the company’s conduct contravenes the requirement.

a major development plan for an airport has been approved by the Minister; and

there is not in force an approval, under the regulations made for the purposes of Subdivision C of Division 5, of a building activity that is an element of the major airport development covered by the plan; and

the airport-lessee company for the airport considers that exceptional circumstances beyond its control have made proceeding with the major airport development unviable;

the airport-lessee company may, at least 50 business days before the end of the period worked out in accordance with subsections 94(7A) and (7B), give the Minister a written notice (the withdrawal notice) of its intention not to proceed with the major airport development.

giving details of the major airport development; and

giving details of the exceptional circumstances beyond its control that have made proceeding with the major airport development unviable.

The company must comply with this subsection within 20 business days after receiving the notice under subsection (3).

the company is required to publish a notice under subsection (5); and

the company engages in conduct; and

the company’s conduct contravenes the requirement.

give the Infrastructure Minister:

a notice stating that the Environment Minister considers that the airport plan should not be determined; or

a notice stating that the Environment Minister considers that one or more specified conditions or provisions should be included in the airport plan for the purpose of protecting the environment; or

a notice stating that the Environment Minister is satisfied with the airport plan; and

do so within 30 business days after receiving the draft airport plan.

(a) the Sydney West Airport environmental impact statement finalised under Environment Protection and Biodiversity Conservation Act 1999; andsection 104 of the

such other matters (if any) relating to the environment as the Environment Minister considers relevant.

(a) the Sydney West Airport environmental impact statement is finalised under Environment Protection and Biodiversity Conservation Act 1999; andsection 104 of the

the Environment Minister has given the Infrastructure Minister a notice under subsection (3) in response to a draft of the airport plan.

the Infrastructure Minister has given the Environment Minister a draft airport plan for Sydney West Airport; and

the Environment Minister has given the Infrastructure Minister a notice under subparagraph (3)(a)(i) in response to the draft airport plan;

the Infrastructure Minister must not determine an airport plan for Sydney West Airport, unless:

the Infrastructure Minister gives the Environment Minister another draft airport plan for Sydney West Airport; and

the Environment Minister gives the Infrastructure Minister a notice under subparagraph (3)(a)(ii) or (iii) in response to the other draft airport plan.

The other draft airport plan may be in the same or different terms as the draft airport plan mentioned in paragraph (a) of this subsection.

the Infrastructure Minister has given the Environment Minister a draft airport plan for Sydney West Airport; and

the Environment Minister has given the Infrastructure Minister a notice under subparagraph (3)(a)(ii) in response to the draft airport plan;

the Infrastructure Minister must not determine an airport plan for Sydney West Airport, unless:

the conditions or provisions specified in the notice are included in the plan; or

all of the following conditions are satisfied:

the Infrastructure Minister gives the Environment Minister another draft airport plan for Sydney West Airport;

(ii) the Environment Minister gives the Infrastructure Minister a notice under subparagraph (3)(a)(ii) (the subsequent notice) in response to the other draft airport plan;

the conditions or provisions specified in the subsequent notice are included in the plan; or

both of the following conditions are satisfied:

the Infrastructure Minister gives the Environment Minister another draft airport plan for Sydney West Airport;

the Environment Minister gives the Infrastructure Minister a notice under subparagraph (3)(a)(iii) in response to the other draft airport plan.

The other draft airport plan mentioned in paragraph (d) or (e) of this subsection may be in the same or different terms as the draft airport plan mentioned in paragraph (a) of this subsection.

Criteria

in December 2014, proposed action consisted of the construction and operation of a Western Sydney Airport at Badgerys Creek, New South Wales; and

the proposed action was referred to the Environment Minister; and

(c) the Environment Minister decided under Environment Protection and Biodiversity Conservation Act 1999 that the relevant impacts of the action must be assessed by an environmental impact statement under Division 6 of Part 8 of that Act;section 87 of the

the environmental impact statement is the Sydney West Airport environmental impact statement.

Part 1—Title;

Part 2—Concept design;

Part 3—Specific developments.

Part 2 of the plan—concept design

development objectives for the airport; and

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

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

indicative flight paths at the airport; and

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

Part 3 of the plan—specific developments

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

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

are consistent with Part 2 of the airport plan; and

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

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

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

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

a condition requiring:

the preparation; and

the submission for approval by a specified person; and

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;

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

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

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

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.

an area of land is neither:

part of the airport site for Sydney West Airport; nor

an associated site for Sydney West Airport; and

the area is intended to become either:

part of the airport site for Sydney West Airport; or

an associated site for Sydney West Airport; and

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

this section has effect as if the area were both:

part of the airport site for Sydney West Airport; and

an associated site for Sydney West Airport.

part of the airport site for Sydney West Airport; or

an associated site for Sydney West Airport.

if there is no airport lease for Sydney West Airport—on the Infrastructure Minister’s own initiative; or

if there is an airport lease for Sydney West Airport—on the application of the airport-lessee company for the airport.

restricts or limits the circumstances in which the company may make an application under subsection (2); or

requires the company to make an application under subsection (2).

set out the details of an additional development to be carried out on the airport site for the airport; or

set out the details of an additional ancillary development to be carried out on an associated site for the airport.

an airport plan for Sydney West Airport is in force; and

a final master plan for the airport comes into force;

then:

the airport plan is varied by omitting Part 2; and

this Act has effect, in relation to the airport plan, as if the following provisions had not been enacted:

paragraph 96C(1)(b);