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2004-2005-2006-2007
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
AIRPORTS AMENDMENT BILL 2006
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be Moved on Behalf of the Government
(Circulated by authority of the Minister for Transport and Regional Services,
the Honourable Mark Vaile MP)
AIRPORTS AMENDMENT BILL 2006
OUTLINE
The purpose of these amendments is to provide for greater transparency of the land use
planning processes on leased federal airports, in line with recommendations 1 and 2 of the
Senate Rural and Regional Affairs and Transport Legislation Committee report of the
Airports Amendment Bill 2006 ("the Bill"), strengthen the Government's ability to access
specified material which will assist in making a decision, strengthen the Government's
condition making powers in relation to the ongoing operation of a major airport development
and refine that amendment concerning the removal of Canberra Airport from the operation of
the National Capital Plan.
FINANCIAL IMPACT STATEMENT
There is no financial impact.
AIRPORTS AMENDMENT BILL 2006
NOTES ON AMENDMENTS
Amendment (1) -- Public comment
1. This amendment is in two parts. The first part inserts new subsections 79(1A) and (1B)
which require an airport-lessee company to advise in writing State/Territory and local
government organisations of the commencement of public consultation processes in
relation to a draft master plan and to provide a copy of that advice to the Minister in
line with recommendation 1 of the Senate Rural and Regional Affairs and Transport
Legislation Committee report of February 2007.
2. The second part, which amends subsection 79(1), is consequential to the above
amendment.
Amendment (2) -- Public comment
3. This amendment replaces "45 business days" with "60 business days" in item 42 of the
Bill.
Amendment (3) -- Public comment
4. This amendment replaces "45 business days" with "60 business days" in item 43 of the
Bill.
Amendment (4) -- Public Comment
5. This amendment replaces "45 business days" with "60 business days" in item 45 of the
Bill.
Amendment (5) -- Public comment
6. This amendment, which extends item 47 of the Bill, provides for all public consultation
submissions received by the airport-lessee company to be forwarded to the Minister in
relation to a draft master plan in line with recommendation 2 of the Senate Rural and
Regional Affairs and Transport Legislation Committee report of February 2007.
7. The requirement that an airport-lessee company `demonstrate' how the company has
had due regard to comments provided by the public in preparing their draft master plan
is retained.
8. The amendment to paragraph 80(1)(b) is consequential to amendment 1.
Amendment (6) -- Minister may request more material for decision making
9. This amendment, which modifies item 48 of the Bill, provides for the Minister to seek
additional specified material from an airport-lessee company where it is reasonably
considered that that material will assist the Minister in the decision making process in
relation to a draft master plan or a draft variation of a final master plan.
10. The initial amendment limited the Minister to seeking information from an airport-
lessee company germane to the draft master plan or a draft variation of a final master
plan. This revised amendment will allow the Minister to seek airport-lessee comment in
relation to third party material too.
11. The `stop clock' provision provided for under item 48 of the Bill has been retained
unchanged.
Amendment (7) -- Public comment minor variation
12. This amendment is in two parts. The first part inserts new subsections 84A(1A) and
(1B) which require an airport-lessee company to advise in writing State/Territory and
local government organisations of the commencement of public consultation processes
in relation to a draft variation of a final master plan and to provide a copy of that advice
to the Minister in line with recommendation 1 of the Senate Rural and Regional
Affairs and Transport Legislation Committee report of February 2007.
13. The second part, which amends subsection 84A(1), is consequential to the above
amendment.
Amendment (8) -- Public comment minor variation
14. This amendment, which extends item 63 of the Bill, provides for all public consultation
submissions received by the airport-lessee company to be forwarded to the Minister in
relation to a draft variation of a final master plan in line with recommendation 2 of the
Senate Rural and Regional Affairs and Transport Legislation Committee report of
February 2007.
15. The requirement that an airport-lessee company `demonstrate' how the company has
had due regard to comments provided by the public in preparing their draft variation of
a final master plan is retained.
Amendment (9) -- Public comment
16. This amendment is in two parts. The first part inserts new subsections 92(1A) and (1B)
which require an airport-lessee company to advise in writing State/Territory and local
government organisations of the commencement of public consultation processes in
relation to a draft major development plan and to provide a copy of that advice to the
Minister in line with recommendation 1 of the Senate Rural and Regional Affairs and
Transport Legislation Committee report of February 2007.
17. The second part, which amends subsection 92(1), is consequential to the above
amendment.
Amendment (10) -- Public comment
18. This amendment replaces "45 business days" with "60 business days" in item 80 of the
Bill.
Amendment (11) -- Public comment
19. This amendment replaces "45 business days" with "60 business days" in item 81 of the
Bill.
Amendment (12) -- Public Comment
20. This amendment replaces "45 business days" with "60 business days" in item 83 of the
Bill.
Amendment (13) -- Public comment
21. This amendment, which extends item 85 of the Bill, provides for all public consultation
submissions received by the airport-lessee company to be forwarded to the Minister in
relation to a draft major development plan in line with recommendation 2 of the
Senate Rural and Regional Affairs and Transport Legislation Committee report of
February 2007.
22. The requirement that an airport-lessee company `demonstrate' how the company has
had due regard to comments provided by the public in preparing their draft major
development plan is retained.
23. The amendment to paragraph 93(1)(b) is consequential to amendment 9.
Amendment (14) -- Minister may request more material for decision making
24. This amendment, which modifies item 86 of the Bill, provides for the Minister to seek
additional specified material from an airport-lessee company where it is reasonably
considered that that material will assist the Minister in the decision making process in
relation to a draft major development plan or a draft variation of a major development
plan.
25. The initial amendment limited the Minister to seeking information from an airport-
lessee company germane to the draft major development plan or a draft variation of a
major development plan. The revised amendment will allow the Minister to seek
airport-lessee comment in relation to third party material too.
26. The `stop clock' provision provided for under item 86 of the Bill has been retained
unchanged.
Amendment (15) -- Approval of a major development plan by Minister
27. This amendment is consequential to amendment 16.
Amendment (16) -- Examples of conditions
28. This amendment inserts new section 94A which provides for the Minister to specify one
or more conditions related to the ongoing operation of a major airport development and
the production of a document sought by the Minister related to the ongoing operation of
a major airport development.
29. It is the intent of this provision to provide for the prospective application of conditions
in relation to a major development plan. For example, in approving a major
development it may be determined that an environmental management plan is required.
It is not the intent of this section to apply conditions retrospectively.
Amendment (17) -- Public comment minor variation
30. This amendment is in two parts. The first part inserts new subsections 95A(1A), (1B)
and (1C) which require an airport-lessee company to advise in writing State/Territory
and local government organisations of the commencement of public consultation
processes in relation to a draft variation of a major development plan and to provide a
copy of that advice to the Minister in line with recommendation 1 of the Senate Rural
and Regional Affairs and Transport Legislation Committee report of February 2007.
31. The second part, which amends subsection 95A(1), is consequential to the above
amendments.
Amendment (18) -- Public comment minor variation
32. This amendment, which extends items 105 and 106 of the Bill, provides for all public
consultation submissions received by the airport-lessee company to be forwarded to the
Minister in relation to a draft variation major development plan in line with
recommendation 2 of the Senate Rural and Regional Affairs and Transport Legislation
Committee report of February 2007.
33. The requirement that an airport-lessee company `demonstrate' how the company has
had due regard to comments provided by the public in preparing their draft variation
major development plan is retained.
Amendment (19) -- Exclusion of Part III of the Australian Capital Territory (Planning
and Land Management) Act
34. This amendment extends item 120 of the Bill by explicitly excluding Canberra Airport
in relation to Part III of the Australian Capital Territory (Planning and Land
Management) Act 1988 and stating that Canberra Airport is not to be specified a
Designated Area in the National Capital Plan.
Amendment (20) -- Public comment
35. This amendment is in two parts. The first part inserts new subsections 124(1A) and (1B)
which require an airport-lessee company to advise in writing State/Territory and local
government organisations of the commencement of public consultation processes in
relation to a draft environment strategy and to provide a copy of that advice to the
Minister in line with recommendation 1 of the Senate Rural and Regional Affairs and
Transport Legislation Committee report of February 2007.
36. The second part, which amends subsection 124(1), is consequential to the above
amendment.
Amendment (21) -- Public Comment
37. This amendment replaces "45 business days" with "60 business days" in item 127 of the
Bill.
Amendment (22) -- Public comment
38. This amendment replaces "45 business days" with "60 business days" in item 128 of the
Bill.
Amendment (23) -- Public Comment
39. This amendment replaces "45 business days" with "60 business days" in item 130 of the
Bill.
Amendment (24) -- Public comment
40. This amendment, which extends item 132 of the Bill, provides for all public
consultation submissions received by the airport-lessee company to be forwarded to the
Minister in relation to a draft environment strategy in line with recommendation 2 of
the Senate Rural and Regional Affairs and Transport Legislation Committee report of
February 2007.
41. The requirement that an airport-lessee company `demonstrate' how the company has
had due regard to comments provided by the public in preparing their draft environment
strategy is retained.
42. The amendment to paragraph 125(1)(b) is consequential to amendment 20.
Amendment (25) -- Minister may request more material for decision making
43. This amendment, which modifies item 133 of the Bill, provides for the Minister to seek
additional specified material from an airport-lessee company where it is reasonably
considered that that material will assist the Minister in the decision making process in
relation to a draft major environment strategy or a draft variation of a final environment
strategy.
44. The initial amendment limited the Minister to seeking information from an airport-
lessee company germane to the draft major environment strategy or a draft variation of
a final environment strategy. The revised amendment will allow the Minister to seek
airport-lessee comment in relation to third party material too.
45. The `stop clock' provision provided for under item 133 of the Bill has been retained
unchanged.
Amendment (26 and 27) -- Australian Capital Territory (Planning and Land
Management) Act 1988
46. This amendment to the Australian Capital Territory (Planning and Land Management)
Act 1988 is consequential to amendment 19.
Amendments (28 and 29) -- Application--master plans
47. Amendment 28 is consequential to amendment 1 and amendment 29 is consequential to
amendment 7.
Amendments (30, 31, and 32) -- Application and Transitional--major development
plans
48. Amendment 30 is consequential to amendment 9, amendment 31 is consequential to
amendment 18 and amendment 32 is consequential to amendment 17.
Amendment (33) -- Application--environment strategies
49. Amendment 33 is consequential to amendment 20 above.
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