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

                     (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)  if a final environment strategy is in force for the airport--a development which affects an area identified as environmentally significant in the environment strategy; or

                     (o)  a development of a kind specified in the regulations.

             (2)  Paragraphs (1)(a), (b), (c), (d), (e), (f), (g), (h), (j), (k), (l), (m) and (n) 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 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 46(3) of the Acts Interpretation Act 1901 .

             (5)  A determination made under subsection (4) is not a legislative instrument.