Commonwealth Consolidated Acts

AIRPORTS ACT 1996 - SECT 89

             (1)  For the purposes of this Act, a major airport development is a development that is carried out at an airport site and that consists of:

                     (a)  constructing a new runway; or

                     (b)  extending the length of a runway; or

                   (ba)  altering a runway (other than in the course of maintenance works) in any way that significantly changes:

                              (i)  flight paths; or

                             (ii)  the patterns or levels of aircraft noise; or

                     (c)  constructing a new building wholly or principally for use as a passenger terminal, where the building's gross floor space is greater than 500 square metres; or

                     (d)  extending a building that is wholly or principally for use as a passenger terminal, where the extension increases the building's gross floor space by more than 10%; or

                     (e)  constructing a new building, where:

                              (i)  the building is not wholly or principally for use as a passenger terminal; and

                             (ii)  the cost of construction exceeds $20 million or such higher amount as is prescribed; or

                      (f)  constructing a new taxiway, where:

                              (i)  the construction significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and

                             (ii)  the cost of construction exceeds $20 million or such higher amount as is prescribed; or

                     (g)  extending a taxiway, where:

                              (i)  the extension significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and

                             (ii)  the cost of construction exceeds $20 million or such higher amount as is prescribed; or

                     (h)  constructing a new road or new vehicular access facility, where:

                              (i)  the construction significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and

                             (ii)  the cost of construction exceeds $20 million or such higher amount as is prescribed; or

                      (j)  extending a road or vehicular access facility, where:

                              (i)  the extension significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and

                             (ii)  the cost of construction exceeds $20 million or such higher amount as is prescribed; or

                     (k)  constructing a new railway or new rail handling facility, where:

                              (i)  the construction significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and

                             (ii)  the cost of construction exceeds $20 million or such higher amount as is prescribed; or

                      (l)  extending a railway or rail handling facility, where:

                              (i)  the extension significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and

                             (ii)  the cost of construction exceeds $20 million or such higher amount as is prescribed; 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.