Cessation of approval of major development plan in exceptional circumstances
96AA Cessation of approval of major development plan in exceptional circumstances
If:
a major development plan for an airport has been approved by the Minister; and
there is not in force an approval, under the regulations made for the purposes of Subdivision C of Division 5, of a building activity that is an element of the major airport development covered by the plan; and
the airport‑lessee company for the airport considers that exceptional circumstances beyond its control have made proceeding with the major airport development unviable;
the airport‑lessee company may, at least 50 business days before the end of the period worked out in accordance with subsections 94(7A) and (7B), give the Minister a written notice (the withdrawal notice) of its intention not to proceed with the major airport development.
The airport‑lessee company must detail those exceptional circumstances in the withdrawal notice.
Minister’s acknowledgement
If the Minister receives a withdrawal notice from the airport‑lessee company that is in accordance with subsections (1) and (2), the Minister must, by written notice given to the company, acknowledge receipt of the withdrawal notice.
When approval ceases to be in force
The approval of the major development plan ceases to be in force on the day after the Minister gives the airport‑lessee company the notice under subsection (3).
Public notice
The airport‑lessee company for the airport must cause to be published in a newspaper circulating generally in the State in which the airport is situated, and on the airport’s website, a notice:
giving details of the major airport development; and
giving details of the exceptional circumstances beyond its control that have made proceeding with the major airport development unviable.
The company must comply with this subsection within 20 business days after receiving the notice under subsection (3).
A company commits an offence if:
the company is required to publish a notice under subsection (5); and
the company engages in conduct; and
the company’s conduct contravenes the requirement.
Penalty for contravention of this subsection: 250 penalty units.
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