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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Airports Amendment Bill 2015
No. , 2015
(Infrastructure and Regional Development)
A Bill for an Act to amend the Airports Act 1996,
and for other purposes
No. , 2015
Airports Amendment Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 1
Schedule 1--Amendments
3
Part 1--Amendments
3
Airports Act 1996
3
Airports (Building Control) Regulations 1996
30
Airports Regulations 1997
35
Part 2--Application and transitional provisions
37
No. , 2015
Airports Amendment Bill 2015
1
A Bill for an Act to amend the Airports Act 1996,
1
and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Airports Amendment Act 2015.
5
2 Commencement
6
This Act commences on the day after this Act receives the Royal
7
Assent.
8
3 Schedules
9
(1) Legislation that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2
Airports Amendment Bill 2015
No. , 2015
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
(2) The amendment of any regulation under subsection (1) does not
3
prevent the regulation, as so amended, from being amended or
4
repealed by the Governor-General.
5
Amendments Schedule 1
Amendments Part 1
No. , 2015
Airports Amendment Bill 2015
3
Schedule 1
--Amendments
1
Part 1
--Amendments
2
Airports Act 1996
3
1 Section 4
4
Omit "Sydney" (wherever occurring), substitute "Sydney
5
(Kingsford-Smith)".
6
2 Subsection 5(1)
7
Insert:
8
airport plan for Sydney West Airport means a plan under
9
Division 4A of Part 5.
10
ancillary development has the meaning given by section 96L.
11
associated site for Sydney West Airport has the meaning given by
12
section 96L.
13
Environment Minister means the Minister who administers the
14
Environment Protection and Biodiversity Conservation Act 1999.
15
Infrastructure Minister means the Minister who administers this
16
Act.
17
Sydney West Airport completion day has the meaning given by
18
section 112B.
19
3 Section 11
20
Omit:
21
•
The airport-lessee companies for Sydney (Kingsford-Smith)
22
Airport and Sydney West Airport must be wholly-owned
23
subsidiaries of the same holding company.
24
substitute:
25
Schedule 1 Amendments
Part 1 Amendments
4
Airports Amendment Bill 2015
No. , 2015
•
The airport-lessee companies for Sydney (Kingsford-Smith)
1
Airport and Sydney West Airport may be wholly-owned
2
subsidiaries of the same company.
3
4 Section 18 (heading)
4
Repeal the heading, substitute:
5
18 Sydney (Kingsford-Smith) Airport and Sydney West Airport may
6
be under common ownership
7
5 Subsections 18(1) to (6)
8
Repeal the subsections, substitute:
9
(1) The airport-lessee company for Sydney (Kingsford-Smith) Airport
10
and the airport-lessee company for Sydney West Airport may be
11
subsidiaries of the same company.
12
6 Paragraph 24(3)(d)
13
Repeal the paragraph.
14
7 Section 38
15
Omit "Sydney" (wherever occurring), substitute "Sydney
16
(Kingsford-Smith)".
17
8 Section 48
18
Omit "Sydney" (wherever occurring), substitute "Sydney
19
(Kingsford-Smith)".
20
9 Section 49 (table items that, to any extent, deal with Sydney
21
West Airport)
22
Repeal the items.
23
10 Section 67
24
After:
25
•
Major development plans will be required for significant
26
developments at airports.
27
Amendments Schedule 1
Amendments Part 1
No. , 2015
Airports Amendment Bill 2015
5
insert:
1
•
An airport plan may be determined for Sydney West Airport.
2
•
Major development plans will not be required for a
3
development at Sydney West Airport if the development is
4
covered by an airport plan for the airport.
5
11 Subsection 68(1)
6
After "Part", insert "(other than Division 4A and the associated
7
provisions)".
8
12 After subsection 68(1)
9
Insert:
10
(1A) Division 4A and the associated provisions apply to Sydney West
11
Airport, whether or not there is an airport lease for the airport.
12
13 Subsection 68(2)
13
Omit "subsection (1)", substitute "subsections (1) and (1A)".
14
14 At the end of section 68
15
Add:
16
(3) In this section:
17
associated provisions means the provisions of Division 6, to the
18
extent that they relate to Division 4A.
19
15 At the end of paragraph 75(1)(b)
20
Add "and".
21
16 After paragraph 75(1)(b)
22
Insert:
23
(ba) in the case of a grant--subsection (1A) does not apply to the
24
grant;
25
17 After subsection 75(1)
26
Insert:
27
Schedule 1 Amendments
Part 1 Amendments
6
Airports Amendment Bill 2015
No. , 2015
(1A) If:
1
(a) a company is granted an airport lease for Sydney West
2
Airport; and
3
(b) the lease is the first airport lease granted for the airport;
4
the company must give the Minister, in writing, a draft master plan
5
for the airport:
6
(c) within 5 years after the grant; or
7
(d) if the Minister, by written notice given to the company,
8
allows a longer period--within that longer period.
9
18 Paragraph 75(2)(a)
10
After "(1)", insert "or (1A)".
11
19 After section 81
12
Insert:
13
81A Approval of final master plan--Sydney West Airport
14
(1) If:
15
(a) an airport-lessee company gives the Minister, in writing, a
16
draft master plan for Sydney West Airport; and
17
(b) an airport plan for the airport is in force;
18
the Minister may refuse to approve the draft master plan if the
19
Minister is satisfied that the draft master plan is inconsistent with
20
the airport plan.
21
(2) If:
22
(a) before the Sydney West Airport completion day, the
23
airport-lessee company for Sydney West Airport gives the
24
Minister, in writing, a draft master plan for Sydney West
25
Airport; and
26
(b) an airport plan for the airport is in force; and
27
(c) the draft master plan is accompanied by an application to
28
vary the airport plan; and
29
(d) the Minister is satisfied that, if:
30
(i) the airport plan were to be so varied; and
31
(ii) the draft master plan were to be approved;
32
the draft master plan as so approved would be consistent with
33
the airport plan;
34
Amendments Schedule 1
Amendments Part 1
No. , 2015
Airports Amendment Bill 2015
7
the Minister may approve the draft master plan even if it is
1
inconsistent with the airport plan.
2
(3) If:
3
(a) on or after the Sydney West Airport completion day, the
4
airport-lessee company for Sydney West Airport gives the
5
Minister, in writing, a draft master plan for Sydney West
6
Airport; and
7
(b) an airport plan for the airport is in force;
8
the Minister may approve the draft master plan even if it is
9
inconsistent with Part 3 of the airport plan.
10
(4) For the purposes of subsection (1), if a draft master plan is not
11
expressed to replace a final master plan, then, in determining
12
whether the draft master plan is inconsistent with the airport plan,
13
disregard section 96E.
14
(5) This section does not, by implication, limit the powers conferred
15
on the Minister by section 81.
16
20 After section 84
17
Insert:
18
84AA Minor variation of final master plan--Sydney West Airport
19
(1) If:
20
(a) a final master plan for Sydney West Airport is in force; and
21
(b) the airport-lessee company for the airport gives the Minister,
22
in writing, a draft variation of the final master plan; and
23
(c) an airport plan for the airport is in force;
24
the Minister may refuse to approve the draft variation if the
25
Minister is satisfied that, if the variation were to be made, the
26
varied final master plan would be inconsistent with the airport
27
plan.
28
(2) If:
29
(a) a final master plan for Sydney West Airport is in force; and
30
(b) before the Sydney West Airport completion day, the
31
airport-lessee company for the airport gives the Minister, in
32
writing, a draft variation of the final master plan; and
33
(c) an airport plan for the airport is in force; and
34
Schedule 1 Amendments
Part 1 Amendments
8
Airports Amendment Bill 2015
No. , 2015
(d) the draft variation of the final master plan is accompanied by
1
an application to vary the airport plan; and
2
(e) the Minister is satisfied that, if:
3
(i) the airport plan were to be so varied; and
4
(ii) the draft variation of the final master plan were to be
5
approved;
6
the varied final master plan would be consistent with the
7
airport plan;
8
the Minister may approve the draft variation of the final master
9
plan even if the Minister is satisfied that, if the draft variation of
10
the final master plan were to be approved, the varied final master
11
plan would be inconsistent with the airport plan.
12
(3) If:
13
(a) a final master plan for Sydney West Airport is in force; and
14
(b) on or after the Sydney West Airport completion day, the
15
airport-lessee company for the airport gives the Minister, in
16
writing, a draft variation of the final master plan; and
17
(c) an airport plan for the airport is in force;
18
the Minister may approve the draft variation even if the Minister is
19
satisfied that, if the draft variation were to be approved, the varied
20
final master plan would be inconsistent with the airport plan.
21
(4) This section does not, by implication, limit the powers conferred
22
on the Minister by section 84.
23
21 Section 90 (heading)
24
Repeal the heading, substitute:
25
90 Major airport development must not be carried out except in
26
accordance with an approved major development plan
27
etc.
28
22 Paragraph 90(1)(c)
29
Before "the carrying out", insert "in any case--".
30
23 After paragraph 90(1)(c)
31
Insert:
32
(ca) if:
33
Amendments Schedule 1
Amendments Part 1
No. , 2015
Airports Amendment Bill 2015
9
(i) the airport is Sydney West Airport; and
1
(ii) the development is covered by Part 3 of an airport plan
2
for the airport;
3
the carrying out of the development is in accordance with
4
Part 3 of the airport plan; or
5
24 Paragraph 90(1)(d)
6
Before "the development", insert "in any case--".
7
25 Paragraph 90(4)(c)
8
Before "the carrying out", insert "in any case--".
9
26 After paragraph 90(4)(c)
10
Insert:
11
(ca) if:
12
(i) the airport is Sydney West Airport; and
13
(ii) the development is covered by Part 3 of an airport plan
14
for the airport;
15
the carrying out of the development is in accordance with
16
Part 3 of the airport plan; or
17
27 Paragraph 90(4)(d)
18
Before "the development", insert "in any case--".
19
28 After section 94
20
Insert:
21
94AA Approval of major development plan--Sydney West Airport
22
(1) If:
23
(a) an airport-lessee company gives the Minister, in writing, a
24
draft major development plan for Sydney West Airport; and
25
(b) an airport plan for the airport is in force;
26
the Minister may refuse to approve the draft major development
27
plan if the Minister is satisfied that the draft major development
28
plan is inconsistent with the airport plan.
29
(2) If:
30
Schedule 1 Amendments
Part 1 Amendments
10
Airports Amendment Bill 2015
No. , 2015
(a) before the Sydney West Airport completion day, the
1
airport-lessee company for Sydney West Airport gives the
2
Minister, in writing, a draft major development plan for the
3
airport; and
4
(b) an airport plan for the airport is in force; and
5
(c) the draft major development plan is accompanied by an
6
application to vary the airport plan; and
7
(d) the Minister is satisfied that, if:
8
(i) the airport plan were to be so varied; and
9
(ii) the draft major development plan were to be approved;
10
the draft major development plan as so approved would be
11
consistent with the airport plan;
12
the Minister may approve the draft major development plan even if
13
it is inconsistent with the airport plan.
14
(3) If:
15
(a) on or after the Sydney West Airport completion day, the
16
airport-lessee company for Sydney West Airport gives the
17
Minister, in writing, a draft major development plan for the
18
airport; and
19
(b) an airport plan for the airport is in force;
20
the Minister may approve the draft major development plan even if
21
it is inconsistent with the airport plan.
22
(4) This section does not, by implication, limit the powers conferred
23
on the Minister by section 94.
24
29 After section 95
25
Insert:
26
95AA Minor variation of major development plan--Sydney West
27
Airport
28
(1) If:
29
(a) a major development plan for Sydney West Airport has been
30
approved by the Minister; and
31
(b) the airport-lessee company for the airport gives the Minister,
32
in writing, a draft variation of the major development plan;
33
and
34
(c) an airport plan for the airport is in force;
35
Amendments Schedule 1
Amendments Part 1
No. , 2015
Airports Amendment Bill 2015
11
the Minister may refuse to approve the draft variation if the
1
Minister is satisfied that, if the variation were to be made, the
2
varied major development plan would be inconsistent with the
3
airport plan.
4
(2) If:
5
(a) a major development plan for Sydney West Airport has been
6
approved by the Minister; and
7
(b) before the Sydney West Airport completion day, the
8
airport-lessee company for the airport gives the Minister, in
9
writing, a draft variation of the major development plan; and
10
(c) an airport plan for the airport is in force; and
11
(d) the draft variation of the major development plan is
12
accompanied by an application to vary the airport plan; and
13
(e) the Minister is satisfied that, if:
14
(i) the airport plan were to be so varied; and
15
(ii) the draft variation of the major development plan were
16
to be approved;
17
the varied major development plan would be consistent with
18
the airport plan;
19
the Minister may approve the draft variation of the major
20
development plan even if the Minister is satisfied that, if the draft
21
variation of the major development plan were to be approved, the
22
varied major development plan would be inconsistent with the
23
airport plan.
24
(3) If:
25
(a) a major development plan for Sydney West Airport has been
26
approved by the Minister; and
27
(b) on or after the Sydney West Airport completion day, the
28
airport-lessee company for the airport gives the Minister, in
29
writing, a draft variation of the major development plan; and
30
(c) an airport plan for the airport is in force;
31
the Minister may approve the draft variation even if the Minister is
32
satisfied that, if the draft variation were to be approved, the varied
33
major development plan would be inconsistent with the airport
34
plan.
35
(4) This section does not, by implication, limit the powers conferred
36
on the Minister by section 95.
37
Schedule 1 Amendments
Part 1 Amendments
12
Airports Amendment Bill 2015
No. , 2015
30 After Division 4 of Part 5
1
Insert:
2
Division 4A--Airport plan for Sydney West Airport
3
96A Simplified outline of this Division
4
•
The Infrastructure Minister may determine an airport plan for
5
Sydney West Airport.
6
•
The airport plan is to have the following Parts:
7
(a)
Part 1--Title;
8
(b)
Part 2--Concept design;
9
(c)
Part 3--Specific developments.
10
•
Part 2 of the airport plan ceases to have effect when a final
11
master plan for the airport comes into force.
12
•
Part 3 of the airport plan authorises the carrying out of a
13
specific development.
14
•
The Infrastructure Minister may vary an airport plan for
15
Sydney West Airport.
16
•
Part 3 of the airport plan must not be varied after the Sydney
17
West Airport completion day so as to specify an additional
18
development.
19
Note:
The Infrastructure Minister may declare under section 112B that a
20
specified day is the Sydney West Airport completion day.
21
96B Determination of airport plan for Sydney West Airport
22
(1) The Infrastructure Minister may, by writing, determine an airport
23
plan for Sydney West Airport.
24
Environment Minister to consider draft airport plan etc.
25
(2) Before determining an airport plan for Sydney West Airport, the
26
Infrastructure Minister must give a draft of the airport plan to the
27
Environment Minister.
28
Amendments Schedule 1
Amendments Part 1
No. , 2015
Airports Amendment Bill 2015
13
(3) If the Infrastructure Minister gives the Environment Minister a
1
draft airport plan for Sydney West Airport, the Environment
2
Minister must:
3
(a) give the Infrastructure Minister:
4
(i) a notice stating that the Environment Minister considers
5
that the airport plan should not be determined; or
6
(ii) a notice stating that the Environment Minister considers
7
that one or more specified conditions or provisions
8
should be included in the airport plan for the purpose of
9
protecting the environment; or
10
(iii) a notice stating that the Environment Minister is
11
satisfied with the airport plan; and
12
(b) do so within 30 business days after receiving the draft airport
13
plan.
14
(4) A condition or provision must not be specified in a notice under
15
subparagraph (3)(a)(ii) unless the condition or provision relates to
16
a development covered by Part 3 of the draft airport plan.
17
(5) In exercising the power conferred by subsection (3), the
18
Environment Minister must have regard to:
19
(a) the Sydney West Airport environmental impact statement
20
finalised under section 104 of the Environment Protection
21
and Biodiversity Conservation Act 1999; and
22
(b) such other matters (if any) relating to the environment as the
23
Environment Minister considers relevant.
24
(6) For the purposes of subsections (3) and (5), environment has the
25
same meaning as in the Environment Protection and Biodiversity
26
Conservation Act 1999.
27
(7) An airport plan for Sydney West Airport must not be determined
28
before:
29
(a) the Sydney West Airport environmental impact statement is
30
finalised under section 104 of the Environment Protection
31
and Biodiversity Conservation Act 1999; and
32
(b) the Environment Minister has given the Infrastructure
33
Minister a notice under subsection (3) in response to a draft
34
of the airport plan.
35
(8) If:
36
Schedule 1 Amendments
Part 1 Amendments
14
Airports Amendment Bill 2015
No. , 2015
(a) the Infrastructure Minister has given the Environment
1
Minister a draft airport plan for Sydney West Airport; and
2
(b) the Environment Minister has given the Infrastructure
3
Minister a notice under subparagraph (3)(a)(i) in response to
4
the draft airport plan;
5
the Infrastructure Minister must not determine an airport plan for
6
Sydney West Airport, unless:
7
(c) the Infrastructure Minister gives the Environment Minister
8
another draft airport plan for Sydney West Airport; and
9
(d) the Environment Minister gives the Infrastructure Minister a
10
notice under subparagraph (3)(a)(ii) or (iii) in response to the
11
other draft airport plan.
12
The other draft airport plan may be in the same or different terms
13
as the draft airport plan mentioned in paragraph (a) of this
14
subsection.
15
(9) If:
16
(a) the Infrastructure Minister has given the Environment
17
Minister a draft airport plan for Sydney West Airport; and
18
(b) the Environment Minister has given the Infrastructure
19
Minister a notice under subparagraph (3)(a)(ii) in response to
20
the draft airport plan;
21
the Infrastructure Minister must not determine an airport plan for
22
Sydney West Airport, unless:
23
(c) the conditions or provisions specified in the notice are
24
included in the plan; or
25
(d) all of the following conditions are satisfied:
26
(i) the Infrastructure Minister gives the Environment
27
Minister another draft airport plan for Sydney West
28
Airport;
29
(ii) the Environment Minister gives the Infrastructure
30
Minister a notice under subparagraph (3)(a)(ii) (the
31
subsequent notice) in response to the other draft airport
32
plan;
33
(iii) the conditions or provisions specified in the subsequent
34
notice are included in the plan; or
35
(e) both of the following conditions are satisfied:
36
Amendments Schedule 1
Amendments Part 1
No. , 2015
Airports Amendment Bill 2015
15
(i) the Infrastructure Minister gives the Environment
1
Minister another draft airport plan for Sydney West
2
Airport;
3
(ii) the Environment Minister gives the Infrastructure
4
Minister a notice under subparagraph (3)(a)(iii) in
5
response to the other draft airport plan.
6
The other draft airport plan mentioned in paragraph (d) or (e) of
7
this subsection may be in the same or different terms as the draft
8
airport plan mentioned in paragraph (a) of this subsection.
9
Criteria
10
(10) In determining an airport plan for Sydney West Airport, the
11
Infrastructure Minister may have regard to such matters as the
12
Infrastructure Minister considers relevant.
13
Plan is not a legislative instrument
14
(11) An airport plan for Sydney West Airport is not a legislative
15
instrument.
16
Sydney West Airport environmental impact statement
17
(12) For the purposes of this section, if:
18
(a) in December 2014, proposed action consisted of the
19
construction and operation of a Western Sydney Airport at
20
Badgerys Creek, New South Wales; and
21
(b) the proposed action was referred to the Environment
22
Minister; and
23
(c) the Environment Minister decided under section 87 of the
24
Environment Protection and Biodiversity Conservation Act
25
1999 that the relevant impacts of the action must be assessed
26
by an environmental impact statement under Division 6 of
27
Part 8 of that Act;
28
the environmental impact statement is the Sydney West Airport
29
environmental impact statement.
30
(13) For the purposes of paragraph (12)(b), it is immaterial whether the
31
referral occurred before, at or after the commencement of this
32
section.
33
Schedule 1 Amendments
Part 1 Amendments
16
Airports Amendment Bill 2015
No. , 2015
(14) For the purposes of paragraph (12)(c), it is immaterial whether the
1
decision was made before, at or after the commencement of this
2
section.
3
96C Contents of airport plan
4
(1) An airport plan for Sydney West Airport must be divided into the
5
following Parts:
6
(a) Part 1--Title;
7
(b) Part 2--Concept design;
8
(c) Part 3--Specific developments.
9
Note:
The plan may contain material outside those Parts (see subsection (9)).
10
Part 2 of the plan--concept design
11
(2) Part 2 of an airport plan for Sydney West Airport may specify:
12
(a) development objectives for the airport; and
13
(b) proposals for land use and related development of the airport
14
site; and
15
(c) a map showing contours of projected aircraft noise for the
16
areas surrounding the airport; and
17
(d) indicative flight paths at the airport; and
18
(e) such other matters (if any) as are specified in the regulations.
19
Note:
Part 2 may contain other material (see subsection (9)).
20
Part 3 of the plan--specific developments
21
(3) Part 3 of an airport plan for Sydney West Airport:
22
(a) may set out the details of one or more developments that:
23
(i) may be carried out on the airport site for Sydney West
24
Airport; and
25
(ii) are consistent with Part 2 of the airport plan; and
26
(b) subject to this Act, authorises the carrying out of those
27
developments.
28
Note:
Part 3 may contain other material (see subsection (9)).
29
(4) Part 3 of an airport plan for Sydney West Airport:
30
(a) may set out the details of one or more ancillary developments
31
that may be carried out on an associated site for Sydney West
32
Airport; and
33
Amendments Schedule 1
Amendments Part 1
No. , 2015
Airports Amendment Bill 2015
17
(b) subject to this Act, authorises the carrying out of those
1
developments.
2
(5) Part 3 of an airport plan for Sydney West Airport may set out
3
conditions to be complied with in relation to a development
4
covered by that Part.
5
(6) Without limiting subsection (5), the following conditions may be
6
set out under that subsection:
7
(a) a condition relating to the ongoing operation of a
8
development covered by Part 3 of the airport plan;
9
(b) a condition requiring:
10
(i) the preparation; and
11
(ii) the submission for approval by a specified person; and
12
(iii) the implementation;
13
of a plan for managing the impact, on Sydney West Airport
14
and an area surrounding Sydney West Airport, of a
15
development covered by Part 3 of the airport plan;
16
(c) a condition relating to the manner in which a development is
17
carried out.
18
(7) A condition may be expressed to apply to the airport-lessee
19
company for Sydney West Airport even if, at the time the condition
20
is set out, there is no airport lease for Sydney West Airport.
21
(8) If an airport plan for Sydney West Airport includes a condition or
22
provision required by subsection 96B(9), any other condition or
23
provision of the airport plan is of no effect to the extent that the
24
other condition or provision is inconsistent with the required
25
condition or provision. However, this rule does not apply if the
26
inconsistency is the result of a variation agreed to by the
27
Environment Minister under subsection 96D(3).
28
Other content of the plan
29
(9) An airport plan for Sydney West Airport may set out any other
30
matters or contain any other material (whether in Part 1, 2 or 3 or
31
otherwise).
32
Future sites
33
(10) If an area of land:
34
Schedule 1 Amendments
Part 1 Amendments
18
Airports Amendment Bill 2015
No. , 2015
(a) is not part of the airport site for Sydney West Airport; and
1
(b) is intended to become part of the airport site for Sydney West
2
Airport; and
3
(c) is not an associated site for Sydney West Airport;
4
this section has effect as if the area were part of the airport site for
5
Sydney West Airport.
6
(11) If:
7
(a) an area of land is neither:
8
(i) part of the airport site for Sydney West Airport; nor
9
(ii) an associated site for Sydney West Airport; and
10
(b) the area is intended to become either:
11
(i) part of the airport site for Sydney West Airport; or
12
(ii) an associated site for Sydney West Airport; and
13
(c) subsection (10) does not apply in relation to the area;
14
this section has effect as if the area were both:
15
(d) part of the airport site for Sydney West Airport; and
16
(e) an associated site for Sydney West Airport.
17
(12) An airport plan for Sydney West Airport does not authorise the
18
carrying out of a development on an area mentioned in
19
subsection (10) or (11) until the area becomes:
20
(a) part of the airport site for Sydney West Airport; or
21
(b) an associated site for Sydney West Airport.
22
96D Variation of airport plan
23
(1) If an airport plan for Sydney West Airport is in force, the
24
Infrastructure Minister may, by writing, vary the plan.
25
(2) A power conferred by subsection (1) may be exercised:
26
(a) if there is no airport lease for Sydney West Airport--on the
27
Infrastructure Minister's own initiative; or
28
(b) if there is an airport lease for Sydney West Airport--on the
29
application of the airport-lessee company for the airport.
30
(3) If an airport plan for Sydney West Airport includes a condition or
31
provision required by subsection 96B(9), the Infrastructure
32
Minister must not make a variation under subsection (1) of this
33
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section that is inconsistent with the required condition or provision,
1
unless the Environment Minister agrees to the variation.
2
Variation is not a legislative instrument
3
(4) A variation under subsection (1) is not a legislative instrument.
4
Agreement about applications for variations
5
(5) The Commonwealth and the airport-lessee company for Sydney
6
West Airport may enter into an agreement that:
7
(a) restricts or limits the circumstances in which the company
8
may make an application under subsection (2); or
9
(b) requires the company to make an application under
10
subsection (2).
11
(6) A restriction or limitation may require the airport-lessee company
12
to obtain the approval of the Infrastructure Minister before making
13
an application under subsection (2).
14
Effect of the Environment Protection and Biodiversity
15
Conservation Act 1999
16
(7) The Environment Protection and Biodiversity Conservation Act
17
1999 has effect as if a variation of an airport plan for Sydney West
18
Airport were an authorisation of an action described in
19
subsection 160(2) of that Act.
20
Termination of power to vary airport plan to include additional
21
developments
22
(8) If an airport plan for Sydney West Airport is in force, Part 3 of the
23
airport plan must not be varied under subsection (1) after the
24
Sydney West Airport completion day so as to:
25
(a) set out the details of an additional development to be carried
26
out on the airport site for the airport; or
27
(b) set out the details of an additional ancillary development to
28
be carried out on an associated site for the airport.
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96E Automatic variation of airport plan etc.
1
Omission of Part 2
2
(1) If:
3
(a) an airport plan for Sydney West Airport is in force; and
4
(b) a final master plan for the airport comes into force;
5
then:
6
(c) the airport plan is varied by omitting Part 2; and
7
(d) this Act has effect, in relation to the airport plan, as if the
8
following provisions had not been enacted:
9
(i) paragraph 96C(1)(b);
10
(ii) subsection 96C(2);
11
(iii) subparagraph 96C(3)(a)(ii).
12
Notice of variation
13
(2) If an airport plan for Sydney West Airport is varied under
14
subsection (1), the airport-lessee company for Sydney West
15
Airport must cause a notice of the variation to be published on the
16
company's website.
17
96F Publication of airport plan etc.
18
(1) If:
19
(a) either:
20
(i) the Infrastructure Minister has determined an airport
21
plan for Sydney West Airport; or
22
(ii) an airport plan for Sydney West Airport has been varied
23
under section 96D; and
24
(b) there is no airport-lessee company for Sydney West Airport;
25
the Infrastructure Minister must cause a copy of the plan or
26
variation to be published on the Department's website.
27
(2) If:
28
(a) an airport plan for Sydney West Airport has been varied on
29
one or more occasions; and
30
(b) there is no airport-lessee company for Sydney West Airport;
31
the Infrastructure Minister must cause an up-to-date copy of the
32
airport plan to be published on the Department's website.
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(3) If:
1
(a) either:
2
(i) the Infrastructure Minister has determined an airport
3
plan for Sydney West Airport; or
4
(ii) an airport plan for Sydney West Airport has been varied
5
under section 96D; and
6
(b) there is an airport-lessee company for Sydney West Airport;
7
the company must cause a copy of the plan or variation to be
8
published on the company's website.
9
(4) If:
10
(a) an airport plan for Sydney West Airport has been varied on
11
one or more occasions; and
12
(b) there is an airport-lessee company for Sydney West Airport;
13
the company must cause an up-to-date copy of the airport plan to
14
be published on the company's website.
15
96G Exemption from Parts 3 and 9 of the Environment Protection
16
and Biodiversity Conservation Act 1999
17
Parts 3 and 9 of the Environment Protection and Biodiversity
18
Conservation Act 1999 do not apply to the determination, variation
19
or implementation of an airport plan for Sydney West Airport.
20
96H Major development plan
21
This Division does not, by implication, prevent the approval of a
22
draft major development plan that relates to a major airport
23
development that is not covered by Part 3 of an airport plan for
24
Sydney West Airport.
25
96J Compliance with condition set out in airport plan
26
(1) If:
27
(a) an airport plan for Sydney West Airport is in force; and
28
(b) Part 3 of the airport plan sets out a condition to be complied
29
with in relation to a development covered by that Part; and
30
(c) the condition applies to the airport-lessee company for the
31
airport;
32
the company must comply with the condition.
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(2) A company commits an offence if:
1
(a) the company is subject to a requirement under subsection (1);
2
and
3
(b) the company engages in conduct; and
4
(c) the company's conduct contravenes the requirement.
5
Penalty: 2,000 penalty units.
6
(3) Strict liability applies to paragraph (2)(a).
7
Note:
For strict liability, see section 6.1 of the Criminal Code.
8
(4) If:
9
(a) an airport plan for Sydney West Airport is in force; and
10
(b) Part 3 of the airport plan sets out a condition to be complied
11
with in relation to a development covered by that Part; and
12
(c) the condition applies to a person (other than the airport-lessee
13
company for the airport);
14
the person must comply with the condition.
15
(5) A person commits an offence if:
16
(a) the person is subject to a requirement under subsection (4);
17
and
18
(b) the person engages in conduct; and
19
(c) the person's conduct contravenes the requirement.
20
Penalty: 400 penalty units.
21
(6) Strict liability applies to paragraph (5)(a).
22
Note:
For strict liability, see section 6.1 of the Criminal Code.
23
96K Implementation of airport plan
24
To avoid doubt, the Commonwealth may:
25
(a) take steps to implement an airport plan for Sydney West
26
Airport; or
27
(b) authorise another person to take steps to implement an airport
28
plan for Sydney West Airport;
29
even if there is no airport lease for Sydney West Airport.
30
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96L Ancillary developments on associated sites
1
If:
2
(a) an area of land is outside the airport site for Sydney West
3
Airport; and
4
(b) the Commonwealth has:
5
(i) the right to carry out; or
6
(ii) the right to allow another person to carry out;
7
on the area of land, a development that may reasonably be
8
regarded as ancillary or incidental to Sydney West Airport;
9
and
10
(c) the right:
11
(i) is a result of the Commonwealth holding an estate or
12
interest in the area of land; or
13
(ii) arises under a contract;
14
then:
15
(d) for the purposes of this Act, the area of land is an associated
16
site for Sydney West Airport; and
17
(e) for the purposes of the application of this Act to the
18
associated site, the development is an ancillary development.
19
96M Meaning of development
20
For the purposes of this Division, development includes (but is not
21
limited to) the following:
22
(a) a major airport development;
23
(b) a building activity;
24
(c) an activity of a kind prescribed in the regulations.
25
31 At the end of subsection 98(1)
26
Add:
27
; (g) an activity of a kind prescribed in the regulations.
28
32 Paragraph 99(1)(d)
29
Before "all of", insert "in the case of a building activity on the airport
30
site for an airport other than Sydney West Airport--".
31
33 At the end of subsection 99(1)
32
Add:
33
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; or (e) in the case of a building activity on the airport site for
1
Sydney West Airport--all of the following conditions are
2
satisfied:
3
(i) the activity is of a kind declared by the regulations to be
4
exempt from this Subdivision;
5
(ii) in a case where a final master plan is in force for the
6
airport--the activity is consistent with the plan;
7
(iii) in a case where Part 2 of an airport plan for the airport is
8
in force--the activity is consistent with Part 2 of the
9
airport plan;
10
(iv) in a case where the building activity is an element of a
11
major airport development--the activity is consistent
12
with a designated SWA instrument that covers the
13
development;
14
(v) in a case where the building activity wholly or partly
15
occurs before the Sydney West Airport completion day,
16
and the building activity is not an element of a major
17
airport development, but is, or comprises part of, a
18
development covered by Part 3 of an airport plan for the
19
airport--the activity is consistent with Part 3 of the
20
airport plan.
21
Note:
For designated SWA instrument, see section 103A.
22
34 Paragraph 99(3)(d)
23
Before "all of", insert "in the case of a building activity on the airport
24
site for an airport other than Sydney West Airport--".
25
35 At the end of subsection 99(3)
26
Add:
27
; or (e) in the case of a building activity on the airport site for
28
Sydney West Airport--all of the following conditions are
29
satisfied:
30
(i) the activity is of a kind declared by the regulations to be
31
exempt from this Subdivision;
32
(ii) in a case where a final master plan is in force for the
33
airport--the activity is consistent with the plan;
34
(iii) in a case where Part 2 of an airport plan for the airport is
35
in force--the activity is consistent with Part 2 of the
36
airport plan;
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(iv) in a case where the building activity is an element of a
1
major airport development--the activity is consistent
2
with a designated SWA instrument that covers the
3
development;
4
(v) in a case where the building activity wholly or partly
5
occurs before the Sydney West Airport completion day,
6
and the building activity is not an element of a major
7
airport development, but is, or comprises part of, a
8
development covered by Part 3 of an airport plan for the
9
airport--the activity is consistent with Part 3 of the
10
airport plan.
11
Note:
For designated SWA instrument, see section 103A.
12
36 Section 101 (heading)
13
Repeal the heading, substitute:
14
101 Building approval to be consistent with final master plan and
15
major development plan etc.
16
37 Subsection 101(3)
17
Omit all the words after "granted", substitute:
18
unless:
19
(a) in the case of a building activity on an airport site for an
20
airport other than Sydney West Airport--the activity is
21
consistent with a major development plan approved under
22
Division 4 for the development; and
23
(b) in the case of a building activity on the airport site for
24
Sydney West Airport--the activity is consistent with a
25
designated SWA instrument that covers the development.
26
38 At the end of subsection 101(3)
27
Add:
28
Note:
For designated SWA instrument, see section 103A.
29
39 At the end of section 101
30
Add:
31
(4) If:
32
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(a) the building activity is carried out on the airport site for
1
Sydney West Airport; and
2
(b) Part 2 of an airport plan for the airport is in force;
3
the approval must not be granted unless the activity is consistent
4
with Part 2 of the airport plan.
5
(5) If:
6
(a) the building activity is carried out on the airport site for
7
Sydney West Airport; and
8
(b) the building activity is not an element of a major airport
9
development, but is, or comprises part of, a development
10
covered by Part 3 of an airport plan for the airport; and
11
(c) the building activity wholly or partly occurs before the
12
Sydney West Airport completion day;
13
the approval must not be granted unless the activity is consistent
14
with Part 3 of the airport plan.
15
40 Paragraph 103(1)(b)
16
Omit "subsection (4) does", substitute "subsections (4) and (4A) do".
17
41 Subsection 103(4)
18
After "a building activity", insert "on the airport site for an airport other
19
than Sydney West Airport".
20
42 After subsection 103(4)
21
Insert:
22
(4A) This subsection applies to a building activity on the airport site for
23
Sydney West Airport if all of the following conditions are satisfied:
24
(a) the activity is of a kind declared by the regulations to be
25
exempt from this Subdivision;
26
(b) in a case where a final master plan is in force for the
27
airport--the activity is consistent with the plan;
28
(c) in a case where Part 2 of an airport plan for the airport is in
29
force--the activity is consistent with Part 2 of the airport
30
plan;
31
(d) in a case where the building activity is an element of a major
32
airport development--the activity is consistent with a
33
designated SWA instrument that covers the development;
34
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(e) in a case where the building activity wholly or partly occurs
1
before the Sydney West Airport completion day, and the
2
building activity is not an element of a major airport
3
development, but is, or comprises part of, a development
4
covered by Part 3 of an airport plan for the airport--the
5
activity is consistent with Part 3 of the airport plan.
6
Note:
For designated SWA instrument, see section 103A.
7
43 At the end of Subdivision C of Division 5 of Part 5
8
Add:
9
103A Designated SWA instrument
10
For the purposes of the application of this Subdivision to a building
11
activity that is an element of a major airport development on the
12
airport site for Sydney West Airport:
13
(a) if:
14
(i) an airport plan for the airport is in force; and
15
(ii) the major airport development is covered by Part 3 of
16
the airport plan; and
17
(iii) the building activity wholly or partly occurs before the
18
Sydney West Airport completion day;
19
Part 3 of the airport plan is a designated SWA instrument
20
that covers the development; and
21
(b) if there is a major development plan approved under
22
Division 4 for the major airport development--the major
23
development plan is a designated SWA instrument that
24
covers the development.
25
103B Building activities on associated sites for Sydney West Airport
26
For the purposes of this Act, if:
27
(a) a building activity is, or comprises part of, an ancillary
28
development on an associated site for Sydney West Airport;
29
and
30
(b) the ancillary development is covered by Part 3 of an airport
31
plan for the airport;
32
the activity is taken to be a building activity on the airport site for
33
the airport.
34
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44 At the end of Division 6 of Part 5
1
Add:
2
112B Sydney West Airport completion day
3
(1) The Minister may, by writing, declare that a specified day is the
4
Sydney West Airport completion day for the purposes of this Act.
5
(2) In making a declaration under subsection (1), the Minister must
6
have regard to:
7
(a) progress in relation to the completion of the developments
8
covered by Part 3 of an airport plan for Sydney West Airport;
9
and
10
(b) any agreement between:
11
(i) the Commonwealth; and
12
(ii) the airport-lessee company for Sydney West Airport;
13
that relates to one or more of the developments covered by
14
Part 3 of an airport plan for Sydney West Airport; and
15
(c) such other matters (if any) as the Minister considers relevant.
16
(3) The Minister must cause a copy of a declaration under
17
subsection (1) to be published on the Department's website.
18
(4) A declaration under subsection (1) is not a legislative instrument.
19
(5) For the purposes of this section, development has the same
20
meaning as in Division 4A.
21
45 After paragraph 242(2)(e)
22
Insert:
23
(f) a decision under section 96B to determine an airport plan for
24
Sydney West Airport;
25
(fa) a decision under section 96D to vary an airport plan for
26
Sydney West Airport;
27
(fb) a decision under section 112B to declare that a specified day
28
is the Sydney West Airport completion day for the purposes
29
of this Act;
30
46 After section 251
31
Insert:
32
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251A Sydney West Airport--miscellaneous provisions
1
Other leases
2
(1) Neither this Act nor the Airports (Transitional) Act 1996 prevents
3
the Commonwealth from granting a lease of a part of the airport
4
site of Sydney West Airport otherwise than under section 13 of this
5
Act or section 21 or 22 of the Airports (Transitional) Act 1996.
6
(2) A lease granted as mentioned in subsection (1) is taken not to be an
7
airport lease for the purposes of this Act.
8
(3) If:
9
(a) a lease was granted by the Commonwealth before the
10
commencement of the regulation that inserted a paragraph
11
relating to Sydney West Airport in subregulation 1.03(1) of
12
the Airports Regulations 1997; and
13
(b) after that commencement, the leased area is a part of the
14
airport site of Sydney West Airport;
15
the lease is taken not to be an airport lease for the purposes of this
16
Act.
17
Note:
Regulation 1.03 of the Airports Regulations 1997 declares certain
18
places to be airport sites.
19
Powers of the Commonwealth
20
(4) The Commonwealth has power to do all things necessary or
21
convenient to be done for or in connection with the development or
22
use of Sydney West Airport.
23
(5) The powers of the Commonwealth include, but are not limited to,
24
the power to form, or participate in the formation of, a company.
25
251B Regulations declaring airport site
26
Scope
27
(1) This section applies if subregulation 1.03(1) of the Airports
28
Regulations 1997 declares a place specified in a paragraph of that
29
subregulation (to the extent that it is a Commonwealth place) to be
30
an airport site.
31
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Part of place--amendment of subregulation 1.03(1)
1
(2) A regulation may amend that subregulation by inserting a
2
paragraph that specifies a place even if, at the time the amending
3
regulation commences, a part of the place is not a Commonwealth
4
place.
5
(3) The part of the place becomes part of the airport site when the part
6
of the place becomes a Commonwealth place, so long as the place
7
satisfies paragraph (c) of the definition of airport site in
8
subsection 5(1).
9
Part of place--amendment of a Part of Schedule 1 to the
10
regulations
11
(4) If a paragraph of subregulation 1.03(1) of the Airports
12
Regulations 1997 refers to a place made up of the land described in
13
a particular Part of Schedule 1 to those regulations, a regulation
14
may amend that Part by inserting a description of land even if, at
15
the time the amending regulation commences, the land is not a
16
Commonwealth place.
17
(5) The land becomes part of the airport site when the land becomes a
18
Commonwealth place, so long as the place satisfies paragraph (c)
19
of the definition of airport site in subsection 5(1).
20
Specification of place
21
(6) For the purposes of this section, if a paragraph of
22
subregulation 1.03(1) of the Airports Regulations 1997 refers to a
23
place made up of the land described in a particular Part of
24
Schedule 1 to those regulations, the paragraph is taken to specify
25
the place.
26
Avoidance of doubt
27
(7) This section is enacted for the avoidance of doubt.
28
Airports (Building Control) Regulations 1996
29
47 After paragraph 2.04(1)(b)
30
Insert:
31
(ba) in the case of Sydney West Airport:
32
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(i) if Part 2 of an airport plan for the airport is in force--
1
Part 2 of the airport plan; or
2
(ii) if the building activity wholly or partly occurs before
3
the Sydney West Airport completion day, an airport
4
plan for the airport is in force, and the proposed
5
building activity is, or comprises part of, a development
6
covered by Part 3 of the airport plan--Part 3 of the
7
airport plan; or
8
48 Subregulation 2.04(1) (note)
9
Omit "(a) and (b)", substitute "(a), (b) and (ba)".
10
49 At the end of subregulation 2.04(2)
11
Add:
12
; or (c) in the case of the airport-lessee company for Sydney West
13
Airport--under a contract with the Commonwealth that
14
relates to the airport.
15
50 Subregulation 2.04(3)
16
After "(b)", insert ", (ba)".
17
51 After paragraph 2.05(1)(b)
18
Insert:
19
(ba) if:
20
(i) the airport is Sydney West Airport; and
21
(ii) Part 2 of an airport plan for the airport is in force;
22
a statement describing how the proposed building activity is
23
consistent with Part 2 of the plan; and
24
52 Paragraph 2.05(1)(c)
25
After "Act)", insert ", and paragraph (caa) does not apply".
26
53 After paragraph 2.05(1)(c)
27
Insert:
28
(caa) if:
29
(i) the airport is Sydney West Airport; and
30
(ii) an airport plan for the airport is in force; and
31
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(iii) the proposed building activity is, or comprises part of, a
1
development covered by Part 3 of the airport plan; and
2
(iv) the proposed building activity is to occur wholly or
3
partly before the Sydney West Airport completion day;
4
a statement describing how the proposed building activity is
5
consistent with Part 3 of the airport plan; and
6
54 Subregulation 2.05(3)
7
Omit "The declaration", substitute "A declaration under
8
subregulation (2)".
9
55 At the end of regulation 2.05 (before the note)
10
Add:
11
(4) If:
12
(a) the proposed building activity is to take place on the airport
13
site for Sydney West Airport; and
14
(b) an airport plan for the airport is in force; and
15
(c) the activity is, or comprises part of, a development covered
16
by Part 3 of the airport plan; and
17
(d) the proposed building activity is to occur wholly or partly
18
before the Sydney West Airport completion day;
19
the application must be supported by a declaration by the
20
airport-lessee company for the airport.
21
(5) A declaration under subregulation (4) must state whether the
22
proposed building activity is consistent with Part 3 of the airport
23
plan.
24
56 At the end of subregulation 2.11(1A)
25
Add:
26
Note:
Subregulation (1A) does not apply to a building activity at Sydney
27
West Airport that is covered by Part 3 of an airport plan for the airport
28
and that wholly or partly occurs before the Sydney West Airport
29
completion day--see subregulation (9).
30
57 At the end of subregulation 2.11(1B)
31
Add:
32
Note:
Subregulation (1B) does not apply to a building activity at Sydney
33
West Airport that is covered by Part 3 of an airport plan for the airport
34
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and that wholly or partly occurs before the Sydney West Airport
1
completion day--see subregulation (9).
2
58 At the end of subregulation 2.11(1C)
3
Add:
4
Note:
Subregulation (1C) does not apply to a building activity at Sydney
5
West Airport that is covered by Part 3 of an airport plan for the airport
6
and that wholly or partly occurs before the Sydney West Airport
7
completion day--see subregulation (9).
8
59 At the end of subregulation 2.11(2A)
9
Add:
10
Note:
Subregulation (2A) does not apply to a building activity at Sydney
11
West Airport that is covered by Part 3 of an airport plan for the airport
12
and that wholly or partly occurs before the Sydney West Airport
13
completion day--see subregulation (9).
14
60 At the end of subregulation 2.11(6)
15
Add:
16
Note:
Subregulation (6) does not apply to a building activity at Sydney West
17
Airport that is covered by Part 3 of an airport plan for the airport and
18
that wholly or partly occurs before the Sydney West Airport
19
completion day--see subregulation (9).
20
61 After subregulation 2.11(7)
21
Insert:
22
(7A) If:
23
(a) a building activity is, or comprises part of, a development
24
covered by Part 3 of an airport plan for Sydney West Airport;
25
and
26
(b) the building activity is to wholly or partly occur before the
27
Sydney West Airport completion day;
28
the airport building controller is taken to have refused to approve
29
the building activity if it has not given the applicant notice of its
30
decision before the end of 28 days after:
31
(c) if no further information is requested under
32
subregulation (2)--receiving the application for approval of
33
the building activity; or
34
(d) if further information is requested under subregulation (2)--
35
receiving the further information.
36
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Part 1 Amendments
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Airports Amendment Bill 2015
No. , 2015
62 At the end of regulation 2.11 (before the notes)
1
Insert:
2
(9) Subregulations (1A), (1B), (1C), (2A), (6) and (8) do not apply to a
3
building activity that:
4
(a) is carried out on the airport site for Sydney West Airport; and
5
(b) is, or comprises part of, a development covered by Part 3 of
6
an airport plan for the airport; and
7
(c) is to wholly or partly occur before the Sydney West Airport
8
completion day.
9
63 Paragraph 2.16(2)(b)
10
Before "the variation", insert "if the building activity is on the airport
11
site for an airport other than Sydney West Airport--".
12
64 At the end of subregulation 2.16(2)
13
Add:
14
; or (c) in the case of a building activity on the airport site for
15
Sydney West Airport:
16
(i) the variation relates to a major airport development; and
17
(ii) there is no major development plan approved for the
18
development; and
19
(iii) if the building activity is to wholly or partly occur
20
before the Sydney West Airport completion day--the
21
development is not covered by Part 3 of an airport plan
22
for the airport.
23
65 Paragraph 2.19(1)(a)
24
Omit "3 years", substitute "the applicable period".
25
66 Paragraph 2.19(1)(b)
26
Omit "3 years", substitute "the applicable period".
27
67 At the end of regulation 2.19
28
Add:
29
(7) In this regulation:
30
applicable period means:
31
Amendments Schedule 1
Amendments Part 1
No. , 2015
Airports Amendment Bill 2015
35
(a) in the case of a building activity that:
1
(i) is on the airport site for Sydney West Airport; and
2
(ii) is, or comprises part of, a development covered by
3
Part 3 of an airport plan for the airport; and
4
(iii) is to wholly or partly occur before the Sydney West
5
Airport completion day;
6
5 years; or
7
(b) in any other case--3 years.
8
68 At the end of Part 2
9
Add:
10
2.26 Building activities on associated sites for Sydney West Airport
11
For the purposes of these Regulations, if:
12
(a) a building activity is, or comprises part of, an ancillary
13
development on an associated site for Sydney West Airport;
14
and
15
(b) the ancillary development is covered by Part 3 of an airport
16
plan for the airport;
17
the activity is taken to be a building activity on the airport site for
18
Sydney West Airport.
19
69 Regulation 6.01 (item 1 of the table)
20
After "(7)", insert ", (7A)".
21
Airports Regulations 1997
22
70 Paragraph 2.04(1)(a)
23
Repeal the paragraph, substitute:
24
(a) a sublease for a purpose inconsistent with the use as an
25
airport of the airport site concerned, as set out in whichever
26
of the following is applicable:
27
(i) if there is a final master plan for the airport site--the
28
final master plan;
29
(ii) if the airport is Sydney West Airport, and Part 2 of an
30
airport plan for the airport is in force--Part 2 of the
31
airport plan;
32
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Part 1 Amendments
36
Airports Amendment Bill 2015
No. , 2015
71 Paragraph 2.12(1)(a)
1
Repeal the paragraph, substitute:
2
(a) a licence for a purpose inconsistent with the use as an airport
3
of the airport site concerned, as set out in whichever of the
4
following is applicable:
5
(i) if there is a final master plan for the airport site--the
6
final master plan;
7
(ii) if the airport is Sydney West Airport, and Part 2 of an
8
airport plan for the airport is in force--Part 2 of the
9
airport plan;
10
Amendments Schedule 1
Application and transitional provisions Part 2
No. , 2015
Airports Amendment Bill 2015
37
Part 2
--Application and transitional provisions
1
72 Safeguard
--contractual rights etc.
2
(1)
If:
3
(a) immediately before the commencement of this item, a person
4
(other than the Commonwealth) was a party to a contract
5
with the Commonwealth; and
6
(b) the person has a right under a provision of the contract;
7
then:
8
(c) the amendments of section 18 of the Airports Act 1996 made
9
by this Schedule do not affect the right so as to disadvantage
10
the person; and
11
(d) the amendments of section 18 of the Airports Act 1996 made
12
by this Schedule do not affect the application of a law to the
13
right so as to disadvantage the person.
14
(2)
For the purposes of section 248 of the Airports Act 1996, disregard the
15
amendments of section 18 of the Airports Act 1996 made by this
16
Schedule.
17
73 Compensation for acquisition of property
18
(1)
If the operation of items 4 and 5 of this Schedule would result in an
19
acquisition of property (within the meaning of paragraph 51(xxxi) of the
20
Constitution) from a person otherwise than on just terms (within the
21
meaning of that paragraph), the Commonwealth is liable to pay a
22
reasonable amount of compensation to the person.
23
(2)
If the Commonwealth and the person do not agree on the amount of the
24
compensation, the person may institute proceedings in a court of
25
competent jurisdiction for the recovery from the Commonwealth of
26
such reasonable amount of compensation as the court determines.
27
74 Transitional
--environmental impact statement
28
(1)
If:
29
(a) in December 2014, proposed action consisted of the
30
construction and operation of a Western Sydney Airport at
31
Badgerys Creek, New South Wales; and
32
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Part 2 Application and transitional provisions
38
Airports Amendment Bill 2015
No. , 2015
(b) the proposed action was referred to the Minister
1
administering the Environment Protection and Biodiversity
2
Conservation Act 1999; and
3
(c) the Minister administering the Environment Protection and
4
Biodiversity Conservation Act 1999 decided under section 87
5
of that Act that the relevant impacts of the action must be
6
assessed by an environmental impact statement under
7
Division 6 of Part 8 of that Act;
8
Division 6 of Part 8 (other than section 105) of the Environment
9
Protection and Biodiversity Conservation Act 1999 applies in relation to
10
the action as if this Act (other than this item) had not been enacted.
11
(2)
For the purposes of paragraph (1)(b), it is immaterial whether the
12
referral occurred before, at or after the commencement of this item.
13
(3)
For the purposes of paragraph (1)(c), it is immaterial whether the
14
decision was made before, at or after the commencement of this item.
15