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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Airports Amendment Bill 2016
No. , 2016
(Infrastructure and Transport)
A Bill for an Act to amend the Airports Act 1996,
and for related purposes
No. , 2016
Airports Amendment Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Airports Act 1996
3
No. , 2016
Airports Amendment Bill 2016
1
A Bill for an Act to amend the Airports Act 1996,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Airports Amendment Act 2016.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Airports Amendment Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The seventh day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2016
Airports Amendment Bill 2016
3
Schedule 1--Amendments
1
2
Airports Act 1996
3
1 Paragraphs 71(2)(ga), (gb) and (gc)
4
Omit "first 5 years", substitute "initial period (see subsection (3A))".
5
2 Paragraph 71(2)(h)
6
Before "an environment strategy that", insert "in relation to the initial
7
period (see subsection (3A)) of the master plan--".
8
3 Paragraphs 71(3)(ga), (gb) and (gc)
9
Omit "first 5 years", substitute "initial period (see subsection (3A))".
10
4 Paragraph 71(3)(h)
11
Before "an environment strategy that", insert "in relation to the initial
12
period (see subsection (3A)) of the master plan--".
13
5 After subsection 71(3)
14
Insert:
15
Initial period of the master plan
16
(3A) The initial period of the master plan is:
17
(a) in the case of Sydney (Kingsford-Smith) Airport, Sydney
18
West Airport, Melbourne (Tullamarine) Airport, Brisbane
19
Airport or Perth Airport--the first 5 years of the plan; or
20
(b) in the case of any other airport--the first 8 years of the plan.
21
Note:
See section 68 for the airports to which this Part applies.
22
6 Paragraph 71(4)(b)
23
Omit "5-year".
24
7 Subsection 72(1)
25
Omit "(1)".
26
8 Subsection 72(2)
27
Repeal the subsection.
28
Schedule 1 Amendments
4
Airports Amendment Bill 2016
No. , 2016
9 Paragraph 76(1)(a)
1
Repeal the paragraph, substitute:
2
(a) no later than:
3
(i) in the case of Sydney (Kingsford-Smith) Airport,
4
Sydney West Airport, Melbourne (Tullamarine) Airport,
5
Brisbane Airport or Perth Airport--5 years after the
6
original plan came into force; or
7
(ii) in the case of any other airport--8 years after the
8
original plan came into force; or
9
10 At the end of subsection 76(1)
10
Add:
11
Note:
See section 68 for the airports to which this Part applies.
12
11 After subsection 76(1)
13
Insert:
14
(1A) In connection with the airport-lessee company giving the Minister
15
a draft master plan under subsection (1), the company:
16
(a) must obtain a new Australian Noise Exposure Forecast; and
17
(b) specify that new Australian Noise Exposure Forecast in that
18
plan.
19
The new Australian Noise Exposure Forecast must have been
20
endorsed in the last 180 days of the period applicable under
21
paragraph (1)(a) or (b).
22
12 Paragraph 76(2)(a)
23
Omit "required to give the Minister a draft master plan under
24
subsection (1)", substitute "subject to a requirement under
25
subsection (1) or (1A)".
26
13 Subsection 76(4)
27
Omit "5 years after the original plan came into force", substitute "the
28
period referred to in subsection 77(1)".
29
14 Subsection 77(1)
30
Repeal the subsection, substitute:
31
(1) A final master plan for an airport remains in force for:
32
Amendments Schedule 1
No. , 2016
Airports Amendment Bill 2016
5
(a) in the case of Sydney (Kingsford-Smith) Airport, Sydney
1
West Airport, Melbourne (Tullamarine) Airport, Brisbane
2
Airport or Perth Airport--5 years; or
3
(b) in the case of any other airport--8 years.
4
However, if, at the end of that period, a fresh final master plan does
5
not come into force, the original plan remains in force until a fresh
6
plan comes into force.
7
Note:
See section 68 for the airports to which this Part applies.
8
15 After subsection 78(2A)
9
Insert:
10
(2B) Subsection (2A) does not apply to an Australian Noise Exposure
11
Forecast that is obtained for the purposes of complying with
12
subsection 76(1A).
13
16 Subsection 78(5)
14
Omit "5 years after the original plan came into force", substitute "the
15
period referred to in subsection 77(1)".
16
17 Section 86A
17
Repeal the section.
18
18 Subparagraphs 89(1)(e)(ii), (f)(ii), (g)(ii), (h)(ii), (j)(ii), (k)(ii)
19
and (l)(ii)
20
Omit "$20 million or such higher amount as is prescribed", substitute
21
"the threshold amount (see subsections (7) and (9))".
22
19 At the end of section 89
23
Add:
24
Cost of construction
25
(7) For the purposes of subparagraphs (1)(e)(ii), (f)(ii), (g)(ii), (h)(ii),
26
(j)(ii), (k)(ii) and (l)(ii), the cost of construction:
27
(a) includes the costs determined in an instrument under
28
subsection (8) for the purposes of this paragraph; and
29
(b) does not include the costs determined in the instrument for
30
the purposes of this paragraph.
31
Schedule 1 Amendments
6
Airports Amendment Bill 2016
No. , 2016
(8) The Minister may, by legislative instrument:
1
(a) determine costs for the purposes of paragraph (7)(a); and
2
(b) determine costs for the purposes of paragraph (7)(b).
3
Threshold amount
4
(9) For the purposes of this section, the threshold amount is:
5
(a) $35 million; or
6
(b) if an amount is determined in an instrument under
7
subsection (10) and is in effect in accordance with
8
subsection (11)--that amount.
9
(10) Before each third anniversary of this subsection commencing, the
10
Minister may, by legislative instrument, determine an amount for
11
the purposes of paragraph (9)(b). The amount determined must be
12
higher than the amount applicable under subsection (9) on the day
13
the determination is made.
14
(11) An amount determined in an instrument under subsection (10)
15
takes effect on that third anniversary concerned.
16
(12) Before determining an amount in an instrument under
17
subsection (10), the Minister must take into account changes in
18
construction activity costs since:
19
(a) for the first determination--the commencement of this
20
subsection; or
21
(b) otherwise--the last determination made by the Minister.
22
(13) Without limiting subsection (12), the Minister may comply with
23
that subsection by taking into account changes in an index of
24
construction activity costs published by the Australian Statistician.
25
(14) Subsection (12) does not limit the matters the Minister may take
26
into account.
27
20 Subparagraph 92(1)(a)(ia)
28
Before "the", insert "specifying".
29
21 Subparagraph 92(2B)(b)(i)
30
Repeal the subparagraph, substitute:
31
(i) the proposed development is consistent with the final
32
master plan; and
33
Amendments Schedule 1
No. , 2016
Airports Amendment Bill 2016
7
22 After subsection 92(2B)
1
Insert:
2
(2BA) If:
3
(a) a request for a particular shorter period is made under
4
subsection (2B); and
5
(b) the Minister does not make a decision on the request before
6
the end of the period of 15 business days after the day on
7
which the Minister received the request;
8
then the Minister is taken, at the end of that period, to have
9
approved that shorter period.
10
23 Subsection 94(7B)
11
Repeal the subsection, substitute:
12
(7B) The Minister may extend, or further extend, that period by up to 2
13
years. The Minister may do so only if that period, or that period as
14
last extended, has not yet ended. The Minister may extend, or
15
further extend, that period subject to one or more conditions.
16
24 At the end of Division 4 of Part 5
17
Add:
18
96AA Cessation of approval of major development plan in
19
exceptional circumstances
20
(1) If:
21
(a) a major development plan for an airport has been approved
22
by the Minister; and
23
(b) there is not in force an approval, under the regulations made
24
for the purposes of Subdivision C of Division 5, of a building
25
activity that is an element of the major airport development
26
covered by the plan; and
27
(c) the airport-lessee company for the airport considers that
28
exceptional circumstances beyond its control have made
29
proceeding with the major airport development unviable;
30
the airport-lessee company may, at least 50 business days before
31
the end of the period worked out in accordance with
32
subsections 94(7A) and (7B), give the Minister a written notice
33
Schedule 1 Amendments
8
Airports Amendment Bill 2016
No. , 2016
(the withdrawal notice) of its intention not to proceed with the
1
major airport development.
2
(2) The airport-lessee company must detail those exceptional
3
circumstances in the withdrawal notice.
4
Minister's acknowledgement
5
(3) If the Minister receives a withdrawal notice from the airport-lessee
6
company that is in accordance with subsections (1) and (2), the
7
Minister must, by written notice given to the company,
8
acknowledge receipt of the withdrawal notice.
9
When approval ceases to be in force
10
(4) The approval of the major development plan ceases to be in force
11
on the day after the Minister gives the airport-lessee company the
12
notice under subsection (3).
13
Public notice
14
(5) The airport-lessee company for the airport must cause to be
15
published in a newspaper circulating generally in the State in
16
which the airport is situated, and on the airport's website, a notice:
17
(a) giving details of the major airport development; and
18
(b) giving details of the exceptional circumstances beyond its
19
control that have made proceeding with the major airport
20
development unviable.
21
The company must comply with this subsection within 20 business
22
days after receiving the notice under subsection (3).
23
(6) A company commits an offence if:
24
(a) the company is required to publish a notice under
25
subsection (5); and
26
(b) the company engages in conduct; and
27
(c) the company's conduct contravenes the requirement.
28
Penalty for contravention of this subsection: 250 penalty units.
29
25 After paragraph 242(2)(d)
30
Insert:
31
Amendments Schedule 1
No. , 2016
Airports Amendment Bill 2016
9
(da) a decision under subsection 89(8) or (10) (which deal with
1
legislative instruments in connection with major airport
2
developments);
3
(db) a decision under section 96AA (which deals with the
4
cessation of approval of major development plans in
5
exceptional circumstances);
6
26 Application and transitional provisions
--master plans
7
(1)
Subject to subitems (3) and (4), the amendments (the relevant
8
amendments) of sections 71 and 72 of the Airports Act 1996 made by
9
this Schedule apply in relation to a draft master plan given to the
10
Minister on or after the commencement of this item, where the notice
11
under subsection 79(1) of that Act, in relation to that plan, is published
12
on or after that commencement.
13
(2)
Subject to subitems (3) and (4), the amendments (also the relevant
14
amendments) of subsections 76(1) and (4) and 77(1) of the Airports Act
15
1996 made by this Schedule apply in relation to a final master plan that
16
comes into force under section 83 of that Act on or after the
17
commencement of this item, where the draft master plan was given to
18
the Minister on or after that commencement.
19
(3)
If:
20
(a) within the period of 12 months beginning on the day this item
21
commences, an airport-lessee company for an airport gives
22
the Minister a draft master plan for the airport; and
23
(b) the notice under subsection 79(1) of the Airports Act 1996, in
24
relation to that plan, was published on or after that
25
commencement;
26
the company may, in a written notice given to the Minister that
27
accompanies the plan, elect to have the relevant amendments not apply
28
in relation to:
29
(c) that draft master plan; and
30
(d) if that draft master plan becomes a final master plan--that
31
final master plan.
32
(4)
An election under subitem (3) has effect accordingly.
33
(5)
Subsection 76(1A) of the Airports Act 1996, as inserted by this
34
Schedule, applies in relation to a draft master plan given under
35
Schedule 1 Amendments
10
Airports Amendment Bill 2016
No. , 2016
subsection 76(1) of that Act after the end of the period of 28 days
1
beginning on the day this item commences, regardless of whether:
2
(a) a notice in relation to the draft master plan is published under
3
subsection 79(1) of that Act before, on or after that
4
commencement; and
5
(b) an election under subitem (3) is made.
6
(6)
The amendment of subsection 76(2) of the Airports Act 1996 made by
7
this Schedule applies in relation to conduct engaged in on or after the
8
commencement of this item.
9
27 Application and transitional provisions
--major airport
10
developments
11
(1)
The amendments of section 89 of the Airports Act 1996 made by this
12
Schedule apply in relation to major airport developments that are
13
required to be carried out in accordance with a major development plan
14
that is approved on or after the commencement of this item, where the
15
draft major development plan was given to the Minister on or after that
16
commencement.
17
(2)
If:
18
(a) before the commencement of this item, an airport-lessee
19
company gave the Minister a draft major development plan;
20
and
21
(b) the major airport development was covered by
22
paragraph 89(1)(e), (f), (g), (h), (j), (k) or (l) of the Airports
23
Act 1996; and
24
(c) immediately before the commencement of this item, the
25
Minister had not made a decision under subsection 94(2) of
26
that Act in relation to the plan;
27
then the company may, before the Minister makes a decision on the
28
plan, give the Minister a written notice withdrawing the plan.
29
28 Application and saving provisions
--major development
30
plans
31
(1)
Subsection 92(2BA) of the Airports Act 1996, as inserted by this
32
Schedule, applies in relation to a request made on or after the
33
commencement of this item.
34
Amendments Schedule 1
No. , 2016
Airports Amendment Bill 2016
11
(2)
The repeal and substitution of subsection 94(7B) of the Airports Act
1
1996 made by this Schedule applies in relation to a major development
2
plan approved before, on or after the commencement of this item.
3
(3)
The repeal and substitution of subsection 94(7B) of the Airports Act
4
1996 made by this Schedule does not affect the validity of an extension
5
granted under that subsection, or the validity of any condition imposed
6
under that subsection, before the commencement of this item.
7
(4)
Section 96AA of the Airports Act 1996, as added by this Schedule,
8
applies in relation to a major development plan approved before, on or
9
after the commencement of this item.
10