Airports Act 1996

Before making a declaration under section 198 about an airport, the Minister must cause to be published in the Gazette a notice:

stating that the Minister is considering making a declaration under section 198 about the airport; and

inviting persons covered by any of the following subparagraphs to give the Minister a submission about the proposed declaration within 30 days after the publication of the notice:

an airport‑operator company for the airport;

a person specified in the regulations for the purposes of the application of this subparagraph to the airport, being a person who represents the interests of all of the aircraft operators who use the airport to operate scheduled air services;

Airservices Australia;

the Civil Aviation Safety Authority.

If a person gives the Minister a written submission in accordance with the notice, the Minister must have due regard to the submission in making the declaration.

Subsection (2) does not, by implication, limit the matters to which the Minister may have regard.

If a declaration is varied, the variation must be dealt with under this section in the same manner as an original declaration—see subsection 33(3) of the Acts Interpretation Act 1901.