Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p13
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 32048–34951

to the airport, may propose a substitute standard ('local standard').
 (2) Before determining an appropriate local standard, the airport‑lessee company must:
 (a) advertise, in a newspaper that has general circulation in the State in which the airport is located, the intention to make a determination; and
 (b) allow interested persons a period of 90 days after publication of the advertisement to make written comment.
 (3) To determine an appropriate local standard, the airport‑lessee company must:
 (a) consider any comments made under paragraph (2)(b); and
 (b) consult with:
 (i) the body having, in the State in which the airport is located, responsibility for regulation of activities of the kind to which the standard applies; and
 (ii) the Department of the Environment, Sport and Territories; and
 (iii) all persons who could be significantly affected by the substitution, if given effect.

5.03  Application to Minister
 (1) If, following consultation under regulation 5.02, an airport‑lessee company determines an appropriate local standard, the airport‑lessee company may apply to the Minister for approval of the local standard in substitution for the standard mentioned in a Schedule to these Regulations that is considered to be inappropriate.
 (2) An application must be in writing and must set out:
 (a) the reasons for the proposed substitution; and
 (b) the names of all persons consulted; and
 (c) a detailed summary of the views of each person consulted.

5.04  Determination of application
 (1) An application for approval of a local standard must be decided by the Minister by:
 (a) granting it; or
 (b) granting it subject to any condition that the Minister considers appropriate; or
 (c) refusing it.
 (2) When considering an application, the Minister must take into account:
 (a) the views of the airport‑lessee company and each person consulted by the company; and
 (b) any relevant requirement, or standard, established under a law of the State in which the airport is located; and
 (c) whether the local standard would be consistent, or inconsistent, with the objectives and proposed measures set out in the environment strategy; and
 (d) the need to avoid inconsistency with national environment protection measures made under section 14 of the National Environment Protection Council Act 1994.
 (2A) Paragraph (2)(c) applies to consideration, of an application for approval of a local standard for Sydney West Airport, before the first final master plan comes into force for that airport as if:
 (a) the words "the objectives and proposed measures set out in the environment strategy" were omitted from that paragraph; and
 (b) the words "an airport plan for the airport" were substituted.
 (3) The Minister's decision must be based on expert environmental advice, and, for that purpose, the Minister may consult:
 (a) Commonwealth and State bodies, or officers, having