Airports Amendment Act 2007 (Cth)
Contents
[
The Parliament of Australia enacts:
This Act may be cited as the
Airports Amendment Act 2007 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 15 April 2007 |
Schedule 1 | The 28th day after the day on which this Act receives the Royal Assent. | 13 May 2007 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Before “airports”, insert “certain”.
Omit:
(b) a 5% limit on airline ownership;
substitute:
(b) a 5% limit on airline ownership for certain airports;
Omit:
• The Australian Competition and Consumer Commission will monitor the quality of airport services and facilities.
substitute:
• The regulations may require the Australian Competition and Consumer Commission to monitor the quality of certain aspects of airport services and facilities.
Omit:
• Airservices Australia will generally oversee the provision of air traffic services and rescue and fire fighting services at airports.
substitute:
• Air traffic services, and rescue and fire fighting services, must not be provided at airports without the approval of the Civil Aviation Safety Authority.
Insert:
Airside Vehicle Control Handbook for an airport has the meaning given by subsection 172(2).
Insert:
approved auditor has the meaning given by section 144.
Insert:
Australian Noise Exposure Forecast , for an airport, means an Australian Noise Exposure Forecast endorsed in the manner approved by the Minister.
Insert:
building activities has the meaning given by subsection 98(1).
Insert:
business day means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the place concerned; or
(d) 27, 28, 29, 30 or 31 December.
Insert:
constructing has the meaning given by subsection 89(2A).
Insert:
major airport development has the meaning given by section 89.
Insert:
quality of service matter has the meaning given by subsection 156(7).
Insert:
vehicle has the meaning given by subsection 172(2).
Omit “Coolangatta”, substitute “Gold Coast”.
Insert:
To avoid doubt, a reference in section 9 of the
Electronic Transactions Act 1999 to giving information includes, for the purposes of this Act, a reference to giving:
(a) a draft master plan, a draft major development plan or a draft environment strategy; or
(b) a draft variation of a final master plan, a major development plan or a final environment strategy.
Add:
; or (d) activities that are consistent with the airport lease for the airport and the final master plan for the airport.
Omit:
(b) a 5% limit on airline ownership;
substitute:
(b) a 5% limit on airline ownership for certain airports;
Repeal the heading, substitute:
Before “For”, insert “(1)”.
After “airport‑operator company”, insert “for an airport”.
Add:
(2) The regulations may specify that subsection (1) does not apply to:
(a) specified airports (not being core regulated airports); or
(b) specified airports (not being core regulated airports) in specified circumstances.
Before “For”, insert “(1)”.
Add:
(2) The purposes of a final master plan for an airport are:
(a) to establish the strategic direction for efficient and economic development at the airport over the planning period of the plan; and
(b) to provide for the development of additional uses of the airport site; and
(c) to indicate to the public the intended uses of the airport site; and
(d) 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.
Omit “proposals” (first occurring), substitute “intentions”.
Omit “proposals” (second occurring), substitute “uses and developments”.
Repeal the paragraph, substitute:
(d) 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
(da) flight paths (in accordance with regulations, if any, made for the purpose of this paragraph) at the airport; and
Omit “Paragraphs (a), (b), (c), (d), (e), (f), (g) and (h)”, substitute “Paragraphs (a) to (h)”.
Omit “proposals” (first occurring), substitute “intentions”.
Omit “proposals” (second occurring), substitute “uses and developments”.
Repeal the paragraph, substitute:
(d) an Australian Noise Exposure Forecast (in relation to civil uses of the airport and in accordance with regulations, if any, made for the purpose of this paragraph) for the areas surrounding the airport; and
(da) civil flight paths (in accordance with regulations, if any, made for the purpose of this paragraph) at the airport; and
Omit “Paragraphs (a), (b), (c), (d), (e), (f), (g) and (h)”, substitute “Paragraphs (a) to (h)”.
Omit “either or both”, substitute “one or more”.
Add:
; (c) subject to any specified conditions, a specified period that is longer than the planning period of the plan.
Note: The following heading to subsection 71(4) is inserted “
Matters provided by regulations ”.
Add “as in force or existing at that time”.
Note 1: The following heading to subsection 71(6) is inserted “
Plan to address consistency with planning schemes ”.Note 2: The following heading to subsection 71(8) is inserted “
Company to have regard to Australian Standard ”.
Add “or, if regulations made for the purposes of paragraph 71(4)(c) provide that a matter specified in the plan may relate to a longer period, the duration of that longer period”.
After “give the Minister”, insert “, in writing,”.
After “give the Minister”, insert “, in writing,”.
After “give the Minister”, insert “, in writing,”.
Insert:
(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.
After “subsection (2)”, insert “or (2A)”.
Insert:
Advice to State or Territory etc.
(1A) Before giving the Minister a draft master plan for an airport under section 75, 76 or 78, the airport‑lessee company for the airport must advise, in writing, the following persons of its intention to give the Minister the draft master plan:
(a) the Minister, of the State or Territory in which the airport is situated, with responsibility for town planning or use of land;
(b) the authority of that State or Territory 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.
Note: The heading to section 79 is altered by adding at the end “
and advice to State or Territory etc. ”.
Omit “Before giving the Minister a draft master plan for an airport under section 75, 76 or 78, the airport‑lessee company for the airport must”, substitute “After giving the advice under subsection (1A), but before giving the Minister the draft master plan, the company must also”.
Note: The following heading to subsection 79(1) is inserted “
Public comment ”.
After “situated”, insert “, and on the airport’s website,”.
Omit “90 days”, substitute “60 business days”.
Insert:
(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 60 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
Before “inviting”, insert “in any case—”.
Omit “90 days”, substitute “60 business days”.
Add:
; 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.
Repeal the subsection, substitute:
(2) If members of the public (including persons covered by subsection (1A)) have given written comments about the preliminary 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.
After “consulted”, insert “(other than by giving an advice under subsection 79(1A))”.
Insert:
(1) This section applies if an airport‑lessee company gives the Minister a draft master plan or a draft variation of a final master plan.
(2) If the Minister believes on reasonable grounds that he or she does not have enough material to make a proper decision under subsection 81(2) or 84(2), as applicable, the Minister may request the airport‑lessee company to provide specified material relevant to making the decision.
Time does not run while further material being sought
(3) If the Minister has requested more material under subsection (2) for the purposes of making a decision, a day is not to be counted as a business day for the purposes of subsection 81(5) or 84(3), as applicable, if it is:
(a) on or after the day the Minister requested the material; and
(b) on or before the day on which the Minister receives the last of the material requested.
After “gives the Minister”, insert “, in writing,”.
Insert:
(aa) the extent to which the plan achieves the purposes of a final master plan (see subsection 70(2));
Omit “90 days”, substitute “50 business days”.
After “give the Minister”, insert “, in writing,”.
Before “If”, insert “(1)”.
Add:
Final master plans not legislative instruments
(2) A final master plan is not a legislative instrument.
After “gives the Minister”, insert “, in writing,”.
Omit “90 days”, substitute “50 business days”.
Insert:
Advice to State or Territory etc.
(1A) Before giving the Minister a draft variation of a final master plan for an airport under subsection 84(1), the airport‑lessee company for the airport must advise, in writing, the following persons of its intention to give the Minister the draft variation:
(a) the Minister, of the State or Territory in which the airport is situated, with responsibility for town planning or use of land;
(b) the authority of that State or Territory 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 variation 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.
Note: The heading to section 84A is altered by inserting “
and advice to State or Territory etc. ” after “comment ”.
Omit “Before giving the Minister a draft variation of a final master plan for an airport under subsection 84(1), the airport‑lessee company for the airport must”, substitute “After giving the advice under subsection (1A), but before giving the Minister the draft variation, the company must also”.
Note: The following heading to subsection 84A(1) is inserted “
Public comment ”.
After “situated”, insert “, and on the airport’s website,”.
Omit “30 days”, substitute “15 business days”.
Insert:
(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
Before “inviting”, insert “in any case—”.
Omit “30 days”, substitute “15 business days”.
Add:
; 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.
Repeal the subsection, substitute:
(2) If members of the public (including persons covered by subsection (1A)) have given written comments about the preliminary version in accordance with the notice, the draft variation 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 variation; and
(iv) setting out such other information (if any) about those comments as is specified in the regulations.
After “situated”, insert “, and on the airport’s website,”.
Omit “plan or variation”, substitute “copies”.
Add:
(iv) 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
(v) in the case of a notice published in a newspaper—specifying the address of the airport’s website; and
After “make”, insert “copies of”.
Insert:
; and (ba) make copies of the plan or variation 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.
Omit “90 days”, substitute “50 business days”.
Omit “a plan or variation available for inspection”, substitute “copies of a plan or variation available”.
Omit “Division”, substitute “Act”.
72
Subparagraphs 89(1)(e)(ii), (f)(ii), (g)(ii), (h)(ii), (j)(ii), (k)(ii) and (l)(ii) Omit “$10 million”, substitute “$20 million”.
Insert:
(2A) For the purposes of this Act,
constructing a thing includes carrying out all associated building activities.
Add:
(4) For the purposes of this Act, the Minister may determine in writing that specified developments that are carried out at an airport site together constitute a
major airport development if:
(a) each individual development is:
(i) covered by subparagraph (1)(e)(i), (f)(i), (g)(i), (h)(i), (j)(i), (k)(i) or (l)(i); but
(ii) not covered by subparagraph (1)(e)(ii), (f)(ii), (g)(ii), (h)(ii), (j)(ii), (k)(ii) or (l)(ii); and
(b) the developments are:
(i) consecutive or concurrent projects; or
(ii) extensions to existing buildings.
Note: For specification by class, see subsection 46(3) of the
Acts Interpretation Act 1901 .(5) A determination made under subsection (4) is not a legislative instrument.
Insert:
(1A) The purpose of a major development plan in relation to an airport is to establish the details of a major airport development that:
(a) relates to the airport; and
(b) is consistent with the airport lease for the airport and the final master plan for the airport.
Insert:
(ca) whether or not the development is consistent with the airport lease for the airport; and
Insert:
(ea) 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
Add “as in force or existing at that time”.
Insert:
Advice to State or Territory 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 or Territory in which the airport is situated, with responsibility for town planning or use of land;
(b) the authority of that State or Territory 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.
Note: The heading to section 92 is altered by adding at the end “
and advice to State or Territory etc. ”.
Omit “Before giving the Minister a draft major development plan, the airport‑lessee company concerned must”, substitute “After giving the advice under subsection (1A), but before giving the Minister the draft major development plan, the company must also”.
Note: The following heading to subsection 92(1) is inserted “
Public comment ”.
After “situated”, insert “, and on the airport’s website,”.
Omit “90 days”, substitute “60 business days”.
Insert:
(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 period of 60 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
Before “inviting”, insert “in any case—”.
Omit “90 days”, substitute “60 business days”.
Add:
; 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.
Repeal the subsection, substitute:
(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.
After “consulted”, insert “(other than by giving an advice under subsection 92(1A))”.
Insert:
(1) This section applies if an airport‑lessee company gives the Minister a draft major development plan or a draft variation of a major development plan.
(2) If the Minister believes on reasonable grounds that he or she does not have enough material to make a proper decision under subsection 94(2) or 95(2), as applicable, the Minister may request the airport‑lessee company to provide specified material relevant to making the decision.
Time does not run while further material being sought
(3) If the Minister has requested more material under subsection (2) for the purposes of making a decision, a day is not to be counted as a business day for the purposes of subsection 94(6) or 95(3), as applicable, if it is:
(a) on or after the day the Minister requested the material; and
(b) on or before the day on which the Minister receives the last of the material requested.
After “gives the Minister”, insert “, in writing,”.
Insert:
(aa) the extent to which the plan achieves the purpose of a major development plan (see subsection 91(1A));
Omit “90 days”, substitute “50 business days”.
Add:
Note: For examples of conditions imposed under this subsection, see section 94A.
Insert:
(7A) Unless an approval by the Minister states otherwise, the approval is subject to a condition that the development be substantially completed before the end of a specified period ending no later than 5 years after the approval.
(7B) The Minister may, before the end of that period, extend the period by up to 2 years. The Minister may extend the period only once. The Minister may extend the period subject to one or more conditions.
Add:
Major development plans are not legislative instruments
(11) A major development plan is not a legislative instrument.
Insert:
Without limiting subsection 94(7), the following conditions may be imposed under that subsection:
(a) a condition relating to the ongoing operation of a development to which a major development plan relates;
(b) a condition requiring the preparation, submission for approval by a specified person, and implementation, of a plan for managing the impact, on an airport and an area surrounding an airport, of a development to which a major development plan relates.
After “gives the Minister”, insert “, in writing,”.
Add:
; or (c) if:
(i) the Minister has not previously required the variation to be subject to public comment under section 95A; and
(ii) 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.
Omit “neither approves, nor refuses to approve, the variation”, substitute “does not make a decision under subsection 95(2)”.
Omit “90 days”, substitute “50 business days”.
Omit “deciding whether to approve the variation”, substitute “making a decision under subsection (2)”.
Insert:
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 or Territory 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 or Territory in which the airport is situated, with responsibility for town planning or use of land;
(b) the authority of that State or Territory 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.
Note: The heading to section 95A is altered by inserting “
and advice to State or Territory etc. ” after “comment ”.
Omit “Before giving the Minister a draft variation of a major development plan for an airport under subsection 95(1), the airport‑lessee company for the airport must”, substitute “After giving the advice under subsection (1B), but before resubmitting the draft variation to the Minister, the company must also”.
Note: The following heading to subsection 95A(1) is inserted “
Public comment ”.
After “situated”, insert “, and on the airport’s website,”.
Omit “30 days”, substitute “15 business days”.
Insert:
(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
Before “inviting”, insert “in any case—”.
Omit “30 days”, substitute “15 business days”.
Add:
; 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.
Repeal the subsection, substitute:
(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.
After “situated”, insert “, and on the airport’s website,”.
Omit “plan or variation”, substitute “copies”.
Add:
(iv) 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
(v) in the case of a notice published in a newspaper—specifying the address of the airport’s website; and
After “make”, insert “copies of”.
Insert:
; and (ba) make copies of the plan or variation 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.
Omit “90 days”, substitute “50 business days”.
Omit “a plan or variation available for inspection”, substitute “copies of a plan or variation available”.
Omit “Division, the following activities are building activities”, substitute “Act, the following activities are
building activities ”.
Add:
; (f) undertaking land clearing.
Repeal the subparagraphs, substitute:
(iii) in a case where the building activity is an element of a major airport development—the activity is consistent with a major development plan approved under Division 4 for the development.
Repeal the subsection, substitute:
(3) If the building activity is an element of a major airport development, the approval must not be granted unless the activity is consistent with a major development plan approved under Division 4 for the development.
Repeal the paragraph, substitute:
(c) in a case where the building activity is an element of a major airport development—the activity is consistent with a major development plan approved under Division 4 for the development.
Omit “(within the meaning of Division 5)”.
Add:
(1) Part III of the
Australian Capital Territory (Planning and Land Management) Act 1988 does not apply in relation to Canberra Airport.(2) In particular, despite section 10 of that Act, Canberra Airport is not a Designated Area for the purposes of that Act.
Before “For”, insert “(1)”.
Add:
(2) The purposes of a final environment strategy for an airport are:
(a) to ensure that all operations at the airport are undertaken in accordance with relevant environmental legislation and standards; and
(b) to establish a framework for assessing compliance at the airport with relevant environmental legislation and standards; and
(c) to promote the continual improvement of environmental management at the airport.
After “give the Minister”, insert “, in writing,”.
After “give the Minister”, insert “, in writing,”.
After “give the Minister”, insert “, in writing,”.
Insert:
Advice to State or Territory etc.
(1A) Before giving the Minister a draft environment strategy for an airport under section 120, 121 or 123, the airport‑lessee company for the airport must advise, in writing, the following persons of its intention to give the Minister the draft environment strategy:
(a) the Minister, of the State or Territory in which the airport is situated, with responsibility for town planning or use of land;
(b) the authority of that State or Territory 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 environment strategy 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.
Note: The heading to section 124 is altered by adding at the end “
and advice to State or Territory etc. ”.
Omit “Before giving the Minister a draft environment strategy for an airport under section 120, 121 or 123, the airport‑lessee company for the airport must”, substitute “After giving the advice under subsection (1A), but before giving the Minister the draft environment strategy, the company must also”.
Note: The following heading to subsection 124(1) is inserted “
Public comment ”.
After “situated”, insert “, and on the airport’s website,”.
Omit “90 days”, substitute “60 business days”.
Insert:
(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 60 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
Before “inviting”, insert “in any case—”.
Omit “90 days”, substitute “60 business days”.
Add:
; 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.
Repeal the subsection, substitute:
(2) If members of the public (including persons covered by subsection (1A)) have given written comments about the preliminary version in accordance with the notice, the draft strategy 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 strategy; and
(iv) setting out such other information (if any) about those comments as is specified in the regulations.
After “consulted”, insert “(other than by giving an advice under subsection 124(1A))”.
Insert:
(1) This section applies if an airport‑lessee company gives the Minister a draft environment strategy or a draft variation of a final environment strategy.
(2) If the Minister believes on reasonable grounds that he or she does not have enough material to make a proper decision under subsection 126(2) or 129(2), as applicable, the Minister may request the airport‑lessee company to provide specified material relevant to making the decision.
Time does not run while further material being sought
(3) If the Minister has requested more material under subsection (2) for the purposes of making a decision, a day is not to be counted as a business day for the purposes of subsection 126(5) or 129(3), as applicable, if it is:
(a) on or after the day the Minister requested the material; and
(b) on or before the day on which the Minister receives the last of the material requested.
After “gives the Minister”, insert “, in writing,”.
Insert:
(aa) the extent to which the strategy achieves the purposes of a final environment strategy (see subsection 115(2));
Omit “90 days”, substitute “50 business days”.
After “give the Minister”, insert “, in writing,”.
Before “If”, insert “(1)”.
Add:
Final environment strategies not legislative instruments
(2) A final environment strategy is not a legislative instrument.
After “gives the Minister”, insert “, in writing,”.
Omit “90 days”, substitute “50 business days”.
After “situated”, insert “, and on the airport’s website,”.
Omit “strategy or variation”, substitute “copies”.
Add:
(iv) in the case of a notice published in a newspaper—stating that copies of the strategy or variation will be available free of charge to members of the public on the airport’s website while the strategy remains in force; and
(v) in the case of a notice published in a newspaper—specifying the address of the airport’s website; and
After “make”, insert “copies of”.
Insert:
; and (ba) make copies of the strategy or variation 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.
Omit “90 days”, substitute “50 business days”.
Omit “a strategy or variation available for inspection and purchase by members of the public”, substitute “copies of a strategy or variation available”.
Repeal the subsection, substitute:
(1) This Part applies to an airport‑operator company for an airport if:
(a) the airport is specified in the regulations; and
(b) there is an airport lease for the airport.
Repeal the section, substitute:
For the purposes of this Act, an
approved auditor is:
(a) a person registered as an auditor under Part 9.2 of the
Corporations Act 2001 ; or(b) a company registered as an authorised audit company under Part 9.2A of the
Corporations Act 2001 .
Repeal the section, substitute:
The following is a simplified outline of this Part:
• The regulations may require the ACCC to monitor and evaluate the quality of certain aspects of airport services and facilities. The ACCC may also do so on its own initiative.
• The regulations may require information about quality of service matters to be given to the ACCC.
• The ACCC may publish reports about its monitoring and evaluation under this Part.
Repeal the subsection, substitute:
(1) This Part applies to an airport if:
(a) the airport is specified in the regulations; and
(b) there is an airport lease for the airport.
Repeal the Divisions, substitute:
(1) In addition to any functions conferred on the ACCC by other laws, the ACCC has the function of monitoring and evaluating the quality of the aspects of airport services and facilities specified in the regulations.
Note: For specification by class, see subsection 13(3) of the
Legislative Instruments Act 2003 .(2) The monitoring and evaluation of an aspect specified for the purposes of subsection (1) must be against the criteria determined by the ACCC in writing in relation to the aspect.
(3) Before determining criteria under subsection (2), the ACCC must consult the Department and the Department administered by the Treasurer.
Determinations
(4) The ACCC must give a free copy of a determination under subsection (2) to any person who asks for a copy.
(5) A determination under subsection (2) is not a legislative instrument.
Repeal the subsection, substitute:
(7) In this Act:
quality of service matter means a matter that is relevant to monitoring or evaluating, under this Part, the quality of an aspect of airport services or facilities specified in regulations made for the purposes of subsection 155(1).
Repeal the subsection, substitute:
(1) The ACCC may publish reports relating to the monitoring or evaluation of the quality of aspects of airport services and facilities specified in regulations made for the purposes of subsection 155(1).
Insert:
(1A) Regulations made for the purposes of subsection (1) may apply, adopt or incorporate any matter contained in the Airside Vehicle Control Handbook for the airport as in force or existing from time to time.
Omit “section”, substitute “Act”.
Insert:
Airside Vehicle Control Handbook for an airport means the Airside Vehicle Control Handbook published by an airport‑operator company for the airport.
159
Subsection 173(2) (definition of gambling activity ) Repeal the definition, substitute:
gambling activity includes the following:
(a) a game of chance, a mixed game of chance and skill, or a lottery, (whether involving the use of a machine or otherwise);
(b) such other matters (if any) as are specified in the regulations.
Repeal the section, substitute:
The following is a simplified outline of this Part:
• Air traffic services, and rescue and fire fighting services, must not be provided at airports without the approval of the Civil Aviation Safety Authority.
After “unless”, insert “the services are provided by”.
Repeal the paragraphs, substitute:
(c) a person approved or licensed, by the Civil Aviation Safety Authority under regulations made under section 98 of the
Civil Aviation Act 1988 , to provide the services; or(d) the Australian Defence Force.
Omit “, (d) and (e)”, substitute “and (d)”.
Repeal the subsection.
Repeal the paragraph.
After “persons are”, insert “, subject to subclause (3),”.
Add:
Regulations may provide that persons are not associates
(3) The regulations may provide that, for the purposes of the ownership provisions, a specified person is not an
associate of another specified person.Note: For specification by class, see subsection 13(3) of the
Legislative Instruments Act 2003 .
After “following interests”, insert “and stakes”.
Note: The heading to clause 9 of the Schedule is altered by omitting “
in shares ” and substituting “and stakes ”.
Add:
; (e) a direct control interest, or stake, of a prescribed kind in a company, being an interest or stake held by a prescribed person.
Note: For prescription by class, see subsection 13(3) of the
Legislative Instruments Act 2003 .
169A
Section 4 (at the end of the definition of Designated Area ) Add:
Note: Canberra Airport is not a Designated Area: see section 112A of the
Airports Act 1996 .
Add:
Note: This Part does not apply in relation to Canberra Airport: see section 112A of the
Airports Act 1996 .
Application of amendments—draft master plans (1) The amendments of the
Airports Act 1996 made by items 22 to 40 and 47 to 52 of this Schedule apply in relation to:
(a) a preliminary version of a draft master plan in relation to which a notice is published under subsection 79(1) of that Act after the commencement of this item; or
(b) a draft master plan given to the Minister after the commencement of this item (whether a notice in relation to the draft master plan is published under subsection 79(1) of that Act before or after the commencement of this item); or
(c) a final master plan, the draft of which is covered by paragraph (b).
(2) The amendments of the
Airports Act 1996 made by items 40A to 46 of this Schedule do not apply in relation to a draft master plan in relation to which a notice is published under subsection 79(1) of that Act before the commencement of this item.
Application of amendments—draft variations of final master plans (3) The amendments of the
Airports Act 1996 made by items 48, 55, 56 and 63 of this Schedule apply in relation to a draft variation of a final master plan, being a draft variation given to the Minister after the commencement of this item.(4) The amendments of the
Airports Act 1996 made by items 56A to 62 of this Schedule do not apply in relation to a draft variation of a final master plan in relation to which a notice is published under subsection 84A(1) of that Act before the commencement of this item.
Application of amendments—approved master plans and variations (5) The amendments of the
Airports Act 1996 made by items 64 to 70 of this Schedule apply in relation to:
(a) a draft master plan approved after the commencement of this item; or
(b) a draft variation of a final master plan, being a draft variation approved after the commencement of this item.
(1) The amendments of the
Airports Act 1996 made by items 72 and 73 of this Schedule apply in relation to major airport developments that are required to be carried out in accordance with a major development plan that is given to the Minister after the commencement of this item.(2) The amendment of the
Airports Act 1996 made by item 74 applies in relation to developments that are commenced after the commencement of this item.
173
Application and transitional—major development plans
Application of amendments—draft master development plans (1) The amendments of the
Airports Act 1996 made by items 75 to 78 and 85 to 90 of this Schedule apply in relation to:
(a) a draft version of a major development plan in relation to which a notice is published under subsection 92(1) of that Act after the commencement of this item; or
(b) a draft major development plan given to the Minister after the commencement of this item (whether a notice in relation to the draft major development plan is published under subsection 92(1) of that Act before or after the commencement of this item); or
(c) a draft major development plan approved by the Minister under Division 4 of Part 5 of that Act, the draft of which is covered by paragraph (b).
(2) The amendments of the
Airports Act 1996 made by items 78A to 84 of this Schedule do not apply in relation to a draft major development plan in relation to which a notice is published under subsection 92(1) of that Act before the commencement of this item.
Application of amendments—draft variations of approved major development plans (3) The amendments of the
Airports Act 1996 made by items 86, 92 to 98 and 105 of this Schedule apply in relation to a draft variation of a major development plan, being a draft variation given to the Minister after the commencement of this item.(4) The amendments of the
Airports Act 1996 made by items 97 and 99 to 104 of this Schedule do not apply in relation to a preliminary version of a draft variation of a major development plan in relation to which a notice is published under subsection 95A(1) of that Act before the commencement of this item.
Application of amendments—approved major development plans and variations (5) The amendments of the
Airports Act 1996 made by items 107 to 113 of this Schedule apply in relation to:
(a) a major development plan approved by the Minister under Division 4 of Part 5 of that Act after the commencement of this item; or
(b) a draft variation of a major development plan, being a draft variation approved after the commencement of this item.
Transitional conditions
(6) A major development plan approved:
(a) before the commencement of this item; and
(b) not subject to a condition relating to when the development must commence;
is taken to have been approved subject to a condition that the development be substantially completed before the end of the period of 5 years after the commencement of this item.
(7) The Minister may, before the end of that period and subject to such terms and conditions as the Minister determines, extend the period mentioned in subitem (6) by up to 5 years in relation to a major airport development under paragraphs 89(1)(a), (b), (f) and (g) of the
Airports Act 1996 . The Minister may extend the period only once.
Application of amendments—draft environment strategies (1) The amendments of the
Airports Act 1996 made by items 121 to 125, 132 to 137 of this Schedule apply in relation to:
(a) a preliminary version of a draft environment strategy in relation to which a notice is published under subsection 124(1) of that Act after the commencement of this item; or
(b) a draft environment strategy given to the Minister after the commencement of this item (whether a notice in relation to the draft environment strategy is published under subsection 124(1) of that Act before or after the commencement of this item); or
(c) a final environment strategy, the draft of which is covered by paragraph (b).
(2) The amendments of the
Airports Act 1996 made by items 125A to 131 of this Schedule do not apply in relation to a preliminary version of a draft environment strategy in relation to which a notice is published under subsection 124(1) of that Act before the commencement of this item.
Application of amendments—draft variations of final environment strategies (3) The amendments of the
Airports Act 1996 made by items 133, 140 and 141 of this Schedule apply in relation to a draft variation of a final environment strategy, being a draft variation given to the Minister after the commencement of this item.
Application of amendments—approved environment strategies and variations (4) The amendments of the
Airports Act 1996 made by items 142 to 148 of this Schedule apply in relation to:
(a) a draft environment strategy approved after the commencement of this item; or
(b) a draft variation of a final environment strategy, being a draft variation approved after the commencement of this item.
The amendment of the
Airports Act 1996 made by item 115 of this Schedule applies in relation to land clearing undertaken after the commencement of this item.
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