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s 6

Identification of qualifying airports

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Part 2Leviable airports

6 Identification of qualifying airports

(1)

If an airport is a qualifying airport at the commencement of this Act, the Minister must publish a notice in the Gazette as soon as possible after the commencement, identifying the airport as a qualifying airport.

(2)

If an airport becomes a qualifying airport after the commencement of this Act, the Minister must publish a notice in the Gazette as soon as possible after the airport has become a qualifying airport, identifying the airport as a qualifying airport.

(3)

A notice under this section cannot be revoked or amended.

(4)

An airport is a qualifying airport at a particular time if:

(a)

at that time there is:

(i)

a public building within a 25‑unit contour shown on an Australian Noise Exposure Forecast previously prepared for the area around the airport for a date after that time; or

(ii)

a residence within a 30‑unit contour shown on an Australian Noise Exposure Forecast previously prepared for the area around the airport for a date after that time; and

(b)

the Commonwealth is funding at that time, or has funded before that time, a noise amelioration program for the airport.

(5)

Once an airport has become a qualifying airport, it remains a qualifying airport even if it no longer meets the description in paragraph (4)(a).

(6)

In this section:

Australian Noise Exposure Forecast means an Australian Noise Exposure Forecast that has been endorsed by the Civil Aviation Authority established by the Civil Aviation Act 1988 or by Airservices Australia established by the Air Services Act 1995.

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