Document ID: chunk:federal_register_of_legislation:C2010A00149:clause:1_45
Version: federal_register_of_legislation:C2010A00149
Segment Type: clause
Provision Reference: sch 1 cl 45
Character Range: 18913–19715

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:
 (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.