Document ID: chunk:federal_register_of_legislation:C2024C00680:section:96b:p1
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 96B (pt 1/3)
Character Range: 181222–184153

96B  Determination of airport plan for Sydney West Airport
 (1) The Infrastructure Minister may, by writing, determine an airport plan for Sydney West Airport.

Environment Minister to consider draft airport plan etc.
 (2) Before determining an airport plan for Sydney West Airport, the Infrastructure Minister must give a draft of the airport plan to the Environment Minister.
 (3) If the Infrastructure Minister gives the Environment Minister a draft airport plan for Sydney West Airport, the Environment Minister must:
 (a) give the Infrastructure Minister:
 (i) a notice stating that the Environment Minister considers that the airport plan should not be determined; or
 (ii) a notice stating that the Environment Minister considers that one or more specified conditions or provisions should be included in the airport plan for the purpose of protecting the environment; or
 (iii) a notice stating that the Environment Minister is satisfied with the airport plan; and
 (b) do so within 30 business days after receiving the draft airport plan.
 (4) A condition or provision must not be specified in a notice under subparagraph (3)(a)(ii) unless the condition or provision relates to a development covered by Part 3 of the draft airport plan.
 (5) In exercising the power conferred by subsection (3), the Environment Minister must have regard to:
 (a) the Sydney West Airport environmental impact statement finalised under section 104 of the Environment Protection and Biodiversity Conservation Act 1999; and
 (b) such other matters (if any) relating to the environment as the Environment Minister considers relevant.
 (6) For the purposes of subsections (3) and (5), environment has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
 (7) An airport plan for Sydney West Airport must not be determined before:
 (a) the Sydney West Airport environmental impact statement is finalised under section 104 of the Environment Protection and Biodiversity Conservation Act 1999; and
 (b) the Environment Minister has given the Infrastructure Minister a notice under subsection (3) in response to a draft of the airport plan.
 (8) If:
 (a) the Infrastructure Minister has given the Environment Minister a draft airport plan for Sydney West Airport; and
 (b) the Environment Minister has given the Infrastructure Minister a notice under subparagraph (3)(a)(i) in response to the draft airport plan;
the Infrastructure Minister must not determine an airport plan for Sydney West Airport, unless:
 (c) the Infrastructure Minister gives the Environment Minister another draft airport plan for Sydney West Airport; and
 (d) the Environment Minister gives the Infrastructure Minister a notice under subparagraph (3)(a)(ii) or (iii) in response to the other draft airport plan.
The other draft airport plan may be in the same or different terms as the draft airport plan mentioned in paragraph (a) of this