Document ID: chunk:federal_register_of_legislation:C2024C00680:section:89:p2
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 89 (pt 2/3)
Character Range: 142325–145141

the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or
 (m) a development of a kind that is likely to have significant environmental or ecological impact; or
 (n) a development which affects an area identified as environmentally significant in the environment strategy; or
 (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
 (o) a development of a kind specified in the regulations.
 (2) Paragraphs (1)(a) to (nb) do not, by implication, limit paragraph (1)(o).
 (2A) For the purposes of this Act, constructing a thing includes carrying out all associated building activities.
 (3) For the purposes of subsection (1), if:
 (a) the parties to a transaction do not deal with each other at arm's length in relation to the transaction; and
 (b) a cost arising out of that transaction is less than is reasonable;
the amount of that cost is taken to be the amount of the cost that would have arisen if the parties had dealt with each other at arm's length.
 (4) For the purposes of this Act, the Minister may determine in writing that specified developments that are proposed to be carried out at an airport site together constitute a major airport development if:
 (a) each individual development is:
 (i) covered by subparagraph (1)(e)(i), (f)(i), (g)(i), (h)(i), (j)(i), (k)(i) or (l)(i); but
 (ii) not covered by subparagraph (1)(e)(ii), (f)(ii), (g)(ii), (h)(ii), (j)(ii), (k)(ii) or (l)(ii); and
 (b) the developments are:
 (i) consecutive or concurrent projects; or
 (ii) extensions to existing buildings.
Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
 (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.

Cost of construction
 (7) For the purposes of subparagraphs (1)(e)(ii), (f)(ii), (g)(ii), (h)(ii), (j)(ii), (k)(ii) and (l)(ii), the cost of construction:
 (a) includes the costs determined in an instrument under subsection (8) for the purposes of this paragraph; and
 (b)