AIRPORTS AMENDMENT BILL 2010

i Airports Amendment Bill 2010 No. , 2010

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Amendment of the Airports Act 1996

Part 1--Master plan amendments

Part 2--Other amendments

Part 3--Transitional provisions

Schedule 2--Technical amendment of the Airports Act 1996

Airports Amendment Bill 2010 No. , 2010 1

A Bill for an Act to amend the law relating to

airports, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Airports Amendment Act 2010.

2 Commencement

(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.

2 Airports Amendment Bill 2010 No. , 2010

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedules 1

and Schedule 2

The day after this Act receives the Royal

Assent.

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.

3 Schedule(s)

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repealed as set out in the applicable items in the Schedule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.

Amendment of the Airports Act 1996 Schedule 1

Master plan amendments Part 1

Airports Amendment Bill 2010 No. , 2010 3

Schedule 1--Amendment of the Airports Act

1996

Part 1--Master plan amendments

1 Paragraph 71(2)(h)

Repeal the paragraph, substitute:

(ga) in relation to the first 5 years of the master plan--a plan for a

ground transport system on the landside of the airport that

details:

(i) a road network plan; and

(ii) the facilities for moving people (employees, passengers

and other airport users) and freight at the airport; and

(iii) 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

(iv) the arrangements for working with the State or local

authorities or other bodies responsible for the road

network and the public transport system; and

(v) the capacity of the ground transport system at the airport

to support operations and other activities at the airport;

and

(vi) 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

(gb) in relation to the first 5 years of the master plan--detailed

information on the proposed developments in the master plan

that are to be used for:

(i) commercial, community, office or retail purposes; or

(ii) for any other purpose that is not related to airport

services; and

(gc) in relation to the first 5 years of the master plan--the likely

effect of the proposed developments in the master plan on:

(i) employment levels at the airport; and

(ii) the local and regional economy and community,

including an analysis of how the proposed

developments fit within the planning schemes for

Schedule 1 Amendment of the Airports Act 1996

Part 1 Master plan amendments

4 Airports Amendment Bill 2010 No. , 2010

commercial and retail development in the area that is

adjacent to the airport; and

(h) an environment strategy that details:

(i) the airport-lessee company's objectives for the

environmental management of the airport; and

(ii) 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

(iii) the sources of environmental impact associated with

airport operations; and

(iv) 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

(v) the time frames for completion of those studies and

reviews and for reporting on that monitoring; and

(vi) 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

(vii) the time frames for completion of those specific

measures; and

(viii) details of the consultations undertaken in preparing the

strategy (including the outcome of the consultations);

and

(ix) any other matters that are prescribed in the regulations;

and

2 Paragraph 71(3)(d)

Omit "(in relation to civil uses of the airport and in accordance with

regulations, if any, made for the purpose of this paragraph)".

3 Paragraph 71(3)(da)

Omit "civil".

4 Paragraph 71(3)(h)

Repeal the paragraph, substitute:

Amendment of the Airports Act 1996 Schedule 1

Master plan amendments Part 1

Airports Amendment Bill 2010 No. , 2010 5

(ga) in relation to the first 5 years of the master plan--a plan for a

ground transport system on the landside of the airport that

details:

(i) a road network plan; and

(ii) the facilities for moving people (employees, passengers

and other airport users) and freight at the airport; and

(iii) 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

(iv) the arrangements for working with the State or local

authorities or other bodies responsible for the road

network and the public transport system; and

(v) the capacity of the ground transport system at the airport

to support operations and other activities at the airport;

and

(vi) 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

(gb) in relation to the first 5 years of the master plan--detailed

information on the proposed developments in the master plan

that are to be used for:

(i) commercial, community, office or retail purposes; or

(ii) for any other purpose that is not related to airport

services; and

(gc) in relation to the first 5 years of the master plan--the likely

effect of the proposed developments in the master plan on:

(i) employment levels at the airport; and

(ii) 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

(h) an environment strategy that details:

(i) the airport-lessee company's objectives for the

environmental management of the airport; and

(ii) the areas (if any) within the airport site which the

airport-lessee company, in consultation with State and

Schedule 1 Amendment of the Airports Act 1996

Part 1 Master plan amendments

6 Airports Amendment Bill 2010 No. , 2010

Federal conservation bodies, identifies as

environmentally significant; and

(iii) the sources of environmental impact associated with

civil aviation operations at the airport; and

(iv) 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

(v) the time frames for completion of those studies and

reviews and for reporting on that monitoring; and

(vi) 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

(vii) the time frames for completion of those specific

measures; and

(viii) details of the consultations undertaken in preparing the

strategy (including the outcome of the consultations);

and

(ix) any other matters that are prescribed in the regulations;

and

5 Subsection 71(6)

Repeal the subsection, substitute:

(6) In specifying a particular objective or proposal covered by

paragraph (2)(a), (c), (ga), (gb) or (gc) or (3)(a), (c), (ga), (gb) or

(gc), a draft or final master plan must address:

(a) the extent (if any) of consistency with planning schemes in

force under a law of the State in which the airport is located;

and

(b) if the draft or final master plan is not consistent with those

planning schemes--the justification for the inconsistencies.

6 At the end of section 71

Add:

Amendment of the Airports Act 1996 Schedule 1

Master plan amendments Part 1

Airports Amendment Bill 2010 No. , 2010 7

(10) In this section:

airport service means a service provided at an airport, if the service

is necessary for the purposes of operating or maintaining civil

aviation services at the airport, and includes the use of facilities at

the airport for those purposes.

7 Application provision--master plans

Section 71 of the Airports Act 1996, as amended by this Schedule,

applies to a draft or final master plan if this Schedule commences before

a written advice about the plan is given under subsection 79(1A).

Schedule 1 Amendment of the Airports Act 1996

Part 2 Other amendments

8 Airports Amendment Bill 2010 No. , 2010

Part 2--Other amendments

8 Section 4 (paragraph relating to an airport service)

Repeal the paragraph.

9 Section 4 (last paragraph)

Before "rescue and fire fighting services", insert "aerodrome".

10 Section 5

Before "In this Act", insert "(1)".

11 Section 5 (definition of business day)

Repeal the definition, substitute:

business day, in relation to an airport, means a day that is not:

(a) a Saturday; or

(b) a Sunday; or

(i) the place where the airport is situated; or

(ii) the Australian Capital Territory; or

(d) 27, 28, 29, 30 or 31 December.

12 Section 5 (definition of draft environment strategy)

Repeal the definition.

13 Section 5

Insert:

environment strategy means an environment strategy in a draft or

final master plan.

14 Section 5 (definition of final environment strategy)

Repeal the definition.

15 Section 5

Insert:

incompatible development has the meaning given in section 71A.

Amendment of the Airports Act 1996 Schedule 1

Other amendments Part 2

Airports Amendment Bill 2010 No. , 2010 9

16 Section 5

Insert:

State includes:

(a) the Australian Capital Territory; and

(b) the Northern Territory.

17 At the end of section 5

Add:

(2) For the purposes of paragraph (a) of the definition of airport site, if

the identification number for a certificate of title for a place is

changed, without the boundaries of the place being changed, a

reference in this Act or the regulations to the identification number

includes a reference to the identification number as changed.

18 Paragraph 7(1)(h)

After "Hobart", insert "International".

19 Paragraph 7(1)(l)

After "Darwin", insert "International".

20 Paragraph 7B(1)(a)

After "Darwin", insert "International".

21 Paragraph 7C(a)

Omit ", a draft major development plan or a draft environment

strategy", substitute "or a draft major development plan".

22 Paragraph 7C(b)

Omit ", a major development plan or a final environment strategy",

substitute "or a major development plan".

23 Subsection 8(1)

Omit ", of the Australian Capital Territory, of the Northern Territory".

24 Paragraph 12(1)(a)

Omit "or", substitute "and".

25 Subsection 68(1)

Schedule 1 Amendment of the Airports Act 1996

Part 2 Other amendments

10 Airports Amendment Bill 2010 No. , 2010

Repeal the subsection, substitute:

(1) This Part applies to:

(a) a core regulated airport, if there is an airport lease for the

airport; and

(b) an airport prescribed in the regulations, if there is an airport

lease for the airport.

26 At the end of subsection 70(2)

Add:

; and (e) to ensure that all operations at the airport are undertaken in

accordance with relevant environmental legislation and

standards; and

(f) to establish a framework for assessing compliance at the

airport with relevant environmental legislation and standards;

and

(g) to promote the continual improvement of environmental

management at the airport.

27 After section 71

Insert:

71A Draft or final master plan must identify proposed incompatible

developments

(1) A draft or final master plan must identify any proposed

incompatible development in the plan.

(2)

incompatible development is the development of, or the

redevelopment of, any of the following facilities in a way that

increases the capacity of the facility:

(a) a residential dwelling (except accommodation for students

studying at an aviation educational facility at the airport);

(b) a community care facility;

(c)

pre-school;

(d) a primary, secondary, tertiary or other educational institution

(except an aviation educational facility);

(e) a hospital (except a facility with the primary purpose of

providing emergency medical treatment to persons at the

airport and which does not have in-patient facilities).

Amendment of the Airports Act 1996 Schedule 1

Other amendments Part 2

Airports Amendment Bill 2010 No. , 2010 11

(3) In this section:

aviation educational facility means any of the following:

(a) a flying training school;

(b) an aircraft maintenance training school;

control;

(d) a facility that provides training for cabin crew;

(e) 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 aged care within the meaning given by

the Aged Care Act 1997;

(b) a nursing home within the meaning given by the National

Health Act 1953;

Security Act 1991;

(d) a facility that provides respite care within the meaning given

by the Aged Care Act 1997.

28 Section 72

Before "A draft", insert "(1)".

29 At the end of section 72

Add:

(2) However, the environment strategy in a draft or final master plan

must relate to a period of 5 years.

30 Subsection 76(1)

Repeal the subsection, substitute:

(1) If a final master plan (the original plan) is in force for an airport,

the airport-lessee company must give the Minister, in writing, a

draft master plan for the airport:

(a) no later than 5 years after the original plan came into force;

(b) within a longer period that the Minister specifies in a written

notice to the airport-lessee company.

Schedule 1 Amendment of the Airports Act 1996

Part 2 Other amendments

12 Airports Amendment Bill 2010 No. , 2010

The planning period for the draft master plan must begin

immediately after the expiry of the original plan.

31 At the end of section 76

Add:

(4) For the purposes of the prosecution of an offence under

subsection (2), it is irrelevant that, because of subsection 77(1), the

original plan remains in force for longer than 5 years after the

original plan came into force.

32 At the end of section 78

Add:

(5) For the purposes of the prosecution of an offence under

subsection (3), it is irrelevant that, because of subsection 77(1), the

original plan remains in force for longer than 5 years after the

original plan came into force.

33 Subsection 81(5)

Repeal the subsection, substitute:

(5) If the Minister neither approves, nor refuses to approve, the plan

before the end of:

(a) the period of 50 business days after the day on which the

Minister received the draft plan; or

(b) 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).

(5A) A notice made under paragraph (5)(b) is not a legislative

instrument.

34 At the end of section 81

Add:

(10) The Minister's approval of a draft master plan that contains an

incompatible development does not stop the Minister from refusing

to approve, under Division 4, a major development plan for the

incompatible development.

Amendment of the Airports Act 1996 Schedule 1

Other amendments Part 2

Airports Amendment Bill 2010 No. , 2010 13

35 After section 83

Insert:

83A Compliance with environment strategy in final master plan

(1) This section applies if a final master plan is in force for an airport.

(2) The airport-lessee company for the airport must take all reasonable

steps to ensure that the environment strategy in the master plan is

complied with.

(3) A person (other than the airport-lessee company for the airport)

who carries on activities at the airport must take all reasonable

steps to ensure that the environment strategy in the master plan is

complied with.

(4) A contravention of subsection (2) or (3) is not an offence.

(5) However, a contravention of subsection (2) or (3) is a ground for

obtaining an injunction under Part 15.

(6) Also, a contravention of subsection (2) or (3) does not affect the

validity of any transaction.

(7) In addition to its effect apart from this subsection, subsection (3)

also has the effect it would have if its application were, by express

provision, confined to constitutional corporations.

36 Subsection 84(3)

Repeal the subsection, substitute:

(3) If the Minister neither approves, nor refuses to approve, the

variation before the end of:

(a) the period of 50 business days after the day on which the

Minister received the draft variation; or

(b) 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).

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

instrument.

Schedule 1 Amendment of the Airports Act 1996

Part 2 Other amendments

14 Airports Amendment Bill 2010 No. , 2010

37 After section 86

Insert:

86A Transitional--expiry of standalone environment strategies

(1) This section applies to an environment strategy for an airport that

is not contained in the master plan for the airport under paragraph

71(2)(h) or (3)(h).

(2) If the environment strategy is due to expire before the master plan

expires, the airport-lessee company may apply to the Minister to

extend the expiry date of the environment strategy to the date when

the replacement master plan is approved.

(3) The Minister must give the airport-lessee company written notice

of the Minister's decision.

(4) If the environment strategy is due to expire after the master plan

expires, the environment plan instead expires on the date when the

replacement master plan is approved.

38 Before section 88

Insert:

Subdivision A--Introduction

39 At the end of section 88

Add:

�

Incompatible developments are prohibited, except in

exceptional circumstances.

40 After paragraph 89(1)(b)

Insert:

(ba) altering a runway, including altering a runway in any way

that changes:

(i) flight paths; or

(ii) the patterns or levels of aircraft noise; or

41 Paragraph 89(1)(n)

Amendment of the Airports Act 1996 Schedule 1

Other amendments Part 2

Airports Amendment Bill 2010 No. , 2010 15

Omit "if a final environment strategy is in force for the airport--".

42 After paragraph 89(1)(n)

Insert:

(na) a development of a kind that is likely to have a significant

impact on the local or regional community; or

(nb) a development in relation to which the Minister has given an

approval under section 89A; or

43 Subsection 89(2)

Repeal the subsection, substitute:

(2) Paragraphs (1)(a) to (nb) do not, by implication, limit

paragraph (1)(o).

44 Subsection 89(4)

Omit "that are carried out", substitute "that are proposed to be carried

out".

45 Subsection 89(5)

Repeal the subsection, insert:

(5) The Minister may determine in writing that a specified

development of a type described in paragraph (1)(c), (d), (f) or (g)

does not constitute a major airport development if:

(a) 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

(b) the Minister is satisfied, on reasonable grounds, that the

development will not:

(i) increase the operating capacity of the airport; or

(ii) change the flight paths; or

(iii) change the patterns or levels of aircraft noise; or

(iv) unduly increase the noise heard by, or unduly cause a

nuisance to, the community adjacent to the airport.

(6) A determination made under subsection (4) or (5) is not a

legislative instrument.

Schedule 1 Amendment of the Airports Act 1996

Part 2 Other amendments

16 Airports Amendment Bill 2010 No. , 2010

46 After section 89

Insert:

Subdivision B--Incompatible developments

89A Incompatible development prohibited except in exceptional

circumstances

(1) A person must not:

(a) carry out an incompatible development relating to an airport;

(b) cause or permit to be carried out an incompatible

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 incompatible

development at the airport.

(2) A person commits an offence if:

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

and

(b) the person engages in conduct; and

Penalty: 400 penalty units.

Note 1:

If an airport-lessee company is convicted of the offence, a court may

impose a fine not more than 5 times this penalty (see subsection 4B(3)

of the Crimes Act 1914).

Note 2:

A defendant bears an evidential burden in relation to the matters in

paragraphs (1)(c) and (d) (see subsection 13.3(3) of the Criminal

Code).

(3) Strict liability applies to paragraph (2)(a).

Note: For

strict liability, see section 6.1 of the Criminal Code.

(4) If an airport-lessee company wants to prepare a draft major

development plan for an incompatible development, the company

must apply in writing to the Minister, before the company gives its

advice under subsection 92(1A), for approval to prepare a draft

major development plan for the development.

(5) The application must detail the exceptional circumstances that the

airport-lessee company claims will support the preparation of a

Amendment of the Airports Act 1996 Schedule 1

Other amendments Part 2

Airports Amendment Bill 2010 No. , 2010 17

draft major development plan for the incompatible development at

the airport.

(6) The Minister may give the approval only if the Minister is satisfied

that there are exceptional circumstances that support the

preparation of a draft major development plan for the incompatible

development at the airport.

(7) The Minister must give the airport-lessee company written notice

of the Minister's decision and the reasons for the decision.

(8) If the Minister does give the approval for the preparation of a draft

major development plan, it does not stop the Minister from

refusing to approve a major development plan for the incompatible

development.

Subdivision C--Approval process

47 After paragraph 91(1)(g)

Insert:

(ga) 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:

(i) traffic flows at the airport and surrounding the airport;

and

(ii) employment levels at the airport; and

(iii) 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

48 Paragraph 91(1)(k)

Repeal the paragraph, substitute:

(k) if the plan relates to an incompatible development--the

exceptional circumstances that the airport-lessee company

claims will justify the development of the incompatible

development at the airport; and

49 Subsection 91(4)

Repeal the subsection, substitute:

Schedule 1 Amendment of the Airports Act 1996

Part 2 Other amendments

18 Airports Amendment Bill 2010 No. , 2010

(4) In specifying a particular objective or proposal covered by

paragraph (1)(a), (c) or (ga), a major development plan, or a draft

of a major development plan, must address:

(a) the extent (if any) of consistency with planning schemes in

force under a law of the State in which the airport is located;

and

(b) if the major development plan is not consistent with those

planning schemes--the justification for the inconsistencies.

50 After subparagraph 92(1)(a)(i)

Insert:

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

51 Subparagraphs 92(1)(a)(ii) and (iiia)

Omit "period of 60 business days after the publication of", substitute

"consultation period specified in".

52 Subparagraph 92(1)(a)(iv)

Omit "60 business days after the publication of", substitute "the

consultation period specified in".

53 After subsection 92(1)

Insert:

(2A)

The

consultation period is:

(a) a period of 60 business days after the publication of the

notice; or

(b) a shorter period (of not less than 15 business days after the

publication of the notice) that is approved by the Minister.

(2B) The Minister may, by written notice, approve the shortening of the

consultation period if the Minister:

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

(i) the airport-lessee company; or

(ii) another person with the written consent of the

airport-lessee company; and

(b) is satisfied that:

(i) the draft major development plan aligns with the details

of the proposed development set out in the final master

plan; and

Amendment of the Airports Act 1996 Schedule 1

Other amendments Part 2

Airports Amendment Bill 2010 No. , 2010 19

(ii) the proposed development does not raise any issues that

have a significant impact on the local or regional

community.

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

instrument.

54 At the end of subsection 94(3)

Add:

; (f) if the plan relates to an incompatible development:

(i) whether the exceptional circumstances that the

airport-lessee company claims will justify the

development of the incompatible development at the

airport; and

(ii) the likely effect of the incompatible development on the

future use of the airport site for aviation related

purposes; and

(iii) the likely effect of the incompatible development on the

ground transport system at, and adjacent to, the airport.

55 Subsection 94(6)

Repeal the subsection, substitute:

(6) If the Minister neither approves, nor refuses to approve, the draft

major development plan before the end of:

(a) the period of 50 business days after the day on which the

Minister received the draft plan; or

(b) 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.

56 Subsection 94(6A)

Omit "advice was given", substitute "Minister received the advice".

57 Subsection 95(3)

Repeal the subsection, substitute:

Schedule 1 Amendment of the Airports Act 1996

Part 2 Other amendments

20 Airports Amendment Bill 2010 No. , 2010

(3) If the Minister does not make a decision under subsection (2)

before the end of:

(a) the period of 50 business days after the day on which the

Minister received the draft variation; or

(b) 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.

58 Subsection 95(3A)

Omit "advice was given", substitute "Minister received the advice".

59 Subparagraphs 106(1)(d)(i) and (ii) and (4)(d)(i) and (ii)

Omit ", a State or a Territory", substitute "or a State".

60 Section 113 (first, second and third paragraphs)

Repeal the paragraphs.

61 Division 2 of Part 6

Repeal the Division.

62 Subsection 131A(1)

Repeal the subsection, substitute:

(1) This Division applies to:

(a) a core regulated airport, if there is an airport lease for the

airport; and

(b) an airport prescribed in the regulations, if there is an airport

lease for the airport.

63 Subparagraph 131B(1)(a)(i)

Omit "a final", substitute "an".

64 Section 168

Omit "State/Territory", substitute "State".

Amendment of the Airports Act 1996 Schedule 1

Other amendments Part 2

Airports Amendment Bill 2010 No. , 2010 21

65 Subsection 169(1)

Repeal the subsection, substitute:

(1) This Part applies to:

(a) a core regulated airport, if there is an airport lease for the

airport; and

(b) an airport prescribed in the regulations, if there is an airport

lease for the airport.

66 Paragraphs 180(1)(a) and (b)

Omit "or", substitute "and".

67 Section 191 (first paragraph)

Repeal the paragraph.

68 Subsection 194(1)

Repeal the subsection (not including the note), substitute:

(1) Divisions 4 to 10 (inclusive) apply to:

(a) a core regulated airport, other than Sydney

(Kingsford-Smith) Airport, if there is an airport lease for the

airport; and

(b) an airport prescribed in the regulations, if there is an airport

lease for the airport.

69 Part 14 (heading)

Repeal the heading, substitute:

Part 14--Air traffic services and aerodrome rescue

and fire fighting services

70 Section 215

Before "rescue and fire fighting services", insert "aerodrome".

71 Subparagraphs 216(1)(a)(ii) and (b)(ii)

Before "rescue and fire fighting services", insert "aerodrome".

Note:

The heading to section 216 is altered by inserting "aerodrome" before "rescue and fire

fighting services".

Schedule 1 Amendment of the Airports Act 1996

Part 2 Other amendments

22 Airports Amendment Bill 2010 No. , 2010

72 Subsection 224(4)

Omit ", a State or a Territory", substitute "or a State".

73 At the end of section 244

Add:

(2) However, the Minister must not delegate the power to give an

approval under section 89A.

74 Subsection 250(8) (definition of airport service)

Repeal the definition, substitute:

airport service means a service provided at an airport, if the service

is necessary for the purposes of operating or maintaining civil

aviation services at the airport, and includes the use of facilities at

the airport for those purposes.

Amendment of the Airports Act 1996 Schedule 1

Transitional provisions Part 3

Airports Amendment Bill 2010 No. , 2010 23

Part 3--Transitional provisions

75 Application provision--incompatible developments

Section 71A of the Airports Act 1996, as inserted by this Schedule,

applies to a proposed incompatible development of a facility if:

(a) the facility existed before this Schedule commences; and

(b) the development takes place after this Schedule commences.

76 Application provision--final master plans

Sections 76 and 78 of the Airports Act 1996 as amended by this

Schedule applies in relation to a final master plan that is in force when

or after this Schedule commences.

77 Application provision--major development plans

Sections 89, 91, 92, 94 and 95 of the Airports Act 1996, as amended by

this Schedule, apply to a draft major development plan if this Schedule

commences before a written advice about the plan is given under

subsection 92(1A) of that Act.

78 Transitional provision--environment strategies

(1) A final environment strategy for an airport, which is in force

immediately before this Schedule commences, continues in force

after this Schedule commences as if Division 2 of Part 6 of the

Airports Act 1996, as in force before the commencement of this

Schedule, continues to apply to the strategy.

(2) However, despite subsection (1), the final environment strategy

ceases to be in force if a master plan that contains an environment

strategy is approved for the airport.

Schedule 2 Technical amendment of the Airports Act 1996

24 Airports Amendment Bill 2010 No. , 2010

Schedule 2--Technical amendment of the

Airports Act 1996

1 Technical amendments

The specified provisions of the Airports Act 1996 listed in this Schedule

are amended by omitting "State or Territory" and substituting "State".

2 Subsections 22(4) and 37(2)

3 Division 8 of Part 3

4 Section 61

Note:

The heading to section 61 is altered by omitting "State/Territory" and substituting

"State".

5 Subsection 71(6)

6 Paragraphs 79(1A)(a) and (b)

Note 1: The heading to section 79 is altered by omitting "State or Territory" and substituting

"State".

Note 2: The heading to subsection 79(1A) is altered by omitting "State or Territory" and

substituting "State".

7 Paragraph 79(1)(a)

8 Subparagraphs 80(1)(b)(i) and (ii)

9 Paragraphs 84A(1A)(a) and (b)

Note 1: The heading to section 84A is altered by omitting "State or Territory" and substituting

"State".

Note 2: The heading to subsection 84(1A) is altered by omitting "State or Territory" and

substituting "State".

10 Paragraph 84A(1)(a)

11 Paragraph 86(2)(a)

12 Paragraphs 92(1A)(a) and (b)

Note 1: The heading to section 92 is altered by omitting "State or Territory" and substituting

"State".

Technical amendment of the Airports Act 1996 Schedule 2

Airports Amendment Bill 2010 No. , 2010 25

Note 2: The heading to subsection 92(1A) is altered by omitting "State or Territory" and

substituting "State".

13 Subparagraphs 93(1)(b)(i) and (ii)

14 Paragraphs 95A(1B)(a) and (b)

Note 1: The heading to section 95A is altered by omitting "State or Territory" and substituting

"State".

Note 2: The heading to subsection 95A(1B) is altered by omitting "State or Territory" and

substituting "State".

15 Paragraph 95A(1)(a)

16 Paragraph 96(2)(a)

17 Paragraphs 100(2)(b) and (c)

18 Paragraphs 107(2)(b) and (c)

19 Subsections 112(1) and (2)

Note:

The heading to section 112 is altered by omitting "State/Territory" and substituting

"State".

20 Subsections 136(1) and (2)

Note:

The heading to section 136 is altered by omitting "State/Territory" and substituting

"State".

21 Division 8 of Part 7

22 Section 149

Note:

The heading to section 149 is altered by omitting "State/Territory" and substituting

"State".

23 Subsection 163A(3)

24 Subsections 177(1) and (2)

Note:

The heading to section 177 is altered by omitting "State/Territory" and substituting

"State".

25 Paragraph 196(1)(a)

Commonwealth of Australia Bills

AIRPORTS AMENDMENT BILL 2010