New draft master plan to be submitted before expiry of old plan
76 New draft master plan to be submitted before expiry of old plan
If a final master plan (the original plan) is in force for an airport, the airport‑lessee company must give the Minister, in writing, a draft master plan for the airport:
no later than:
in the case of Sydney (Kingsford‑Smith) Airport, Sydney West Airport, Melbourne (Tullamarine) Airport, Brisbane Airport or Perth Airport—5 years after the original plan came into force; or
in the case of any other airport—8 years after the original plan came into force; or
within a longer period that the Minister specifies in a written notice to the airport‑lessee company.
The planning period for the draft master plan must begin immediately after the expiry of the original plan.
See section 68 for the airports to which this Part applies.
In connection with the airport‑lessee company giving the Minister a draft master plan under subsection (1), the company:
must obtain a new Australian Noise Exposure Forecast; and
must specify that new Australian Noise Exposure Forecast in that plan.
The new Australian Noise Exposure Forecast must have been endorsed in the last 180 days of the period applicable under paragraph (1)(a) or (b).
A company commits an offence if:
the company is subject to a requirement under subsection (1) or (1A); and
the company engages in conduct; and
the company’s conduct contravenes the requirement.
Penalty: 250 penalty units.
Strict liability applies to paragraph (2)(a).
For strict liability, see section 6.1 of the Criminal Code.
For the purposes of the prosecution of an offence under subsection (2), it is irrelevant that, because of subsection 77(1), the original plan remains in force for longer than the period referred to in subsection 77(1).
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