Document ID: chunk:federal_register_of_legislation:C2024C00680:section:96b:p2
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 96B (pt 2/3)
Character Range: 183924–186836

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 subsection.
 (9) 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)(ii) in response to the draft airport plan;
the Infrastructure Minister must not determine an airport plan for Sydney West Airport, unless:
 (c) the conditions or provisions specified in the notice are included in the plan; or
 (d) all of the following conditions are satisfied:
 (i) the Infrastructure Minister gives the Environment Minister another draft airport plan for Sydney West Airport;
 (ii) the Environment Minister gives the Infrastructure Minister a notice under subparagraph (3)(a)(ii) (the subsequent notice) in response to the other draft airport plan;
 (iii) the conditions or provisions specified in the subsequent notice are included in the plan; or
 (e) both of the following conditions are satisfied:
 (i) the Infrastructure Minister gives the Environment Minister another draft airport plan for Sydney West Airport;
 (ii) the Environment Minister gives the Infrastructure Minister a notice under subparagraph (3)(a)(iii) in response to the other draft airport plan.
The other draft airport plan mentioned in paragraph (d) or (e) of this subsection may be in the same or different terms as the draft airport plan mentioned in paragraph (a) of this subsection.

Criteria
 (10) In determining an airport plan for Sydney West Airport, the Infrastructure Minister may have regard to such matters as the Infrastructure Minister considers relevant.

Plan is not a legislative instrument
 (11) An airport plan for Sydney West Airport is not a legislative instrument.

Sydney West Airport environmental impact statement
 (12) For the purposes of this section, if:
 (a) in December 2014, proposed action consisted of the construction and operation of a Western Sydney Airport at Badgerys Creek, New South Wales; and
 (b) the proposed action was referred to the Environment Minister; and
 (c) the Environment Minister decided under section 87 of the Environment Protection and Biodiversity Conservation Act 1999 that the relevant impacts of the action must be assessed by an environmental impact statement under Division 6 of Part 8 of that Act;
the environmental impact statement is the Sydney West Airport environmental impact statement.
 (13) For the purposes of paragraph (12)(b), it is immaterial whether the referral occurred before, at or after the commencement of this section.
 (14) For the purposes of paragraph (12)(c), it is immaterial whether the decision was made before, at or after the commencement of this section.