81Approval of draft by Minister

#### 81 Approval of draft by Minister (1) This section applies if an airport‑lessee company gives the Minister, in writing, a draft master plan. (2) The Minister must: (a) approve the plan; or (b) refuse to approve the plan. (3) In deciding whether to approve the plan, the Minister must have regard to the following matters: (aa) the extent to which the plan achieves the purposes of a final master plan (see subsection 70(2)); (a) the extent to which carrying out the plan would meet present and future requirements of civil aviation users of the airport, and other users of the airport, for services and facilities relating to the airport concerned; (b) the effect that carrying out the plan would be likely to have on the use of land: (i) within the airport site concerned; and (ii) in areas surrounding the airport; (c) the consultations undertaken in preparing the plan (including the outcome of the consultations); (d) the views of the Civil Aviation Safety Authority and Airservices Australia, in so far as they relate to safety aspects and operational aspects of the plan. (4) Subsection (3) does not, by implication, limit the matters to which the Minister may have regard. (5) If the Minister neither approves, nor refuses to approve, the plan before the end of: (a) the period of 50 business days after the day on which the Minister received the draft plan; or (b) a longer period (of no more than an extra 10 business days) that the Minister specifies in a written notice to the airport‑lessee company; the Minister is taken, at the end of that period, to have approved the plan under subsection (2). (5A) A notice made under paragraph (5)(b) is not a legislative instrument. (6) As soon as practicable after deciding whether to approve the plan, the Minister must notify the company in writing of the decision. (7) If the Minister refuses to approve the plan, the Minister must notify the company in writing of the Minister’s reasons for the refusal. (8) If the Minister refuses to approve the plan, the Minister may, by written notice given to the company, direct the company to give the Minister, in writing, a fresh draft master plan. The fresh draft master plan must be given to the Minister: (a) within 180 days after the day on which the direction was given; or (b) if the Minister, by written notice given to the company, allows a longer period—within that longer period. (9) A company commits an offence if: (a) the company is subject to a direction under subsection (8); and (b) the company engages in conduct; and (c) the company’s conduct contravenes the direction. Penalty: 250 penalty units. (10) The Minister’s approval of a draft master plan that contains a sensitive development does not stop the Minister from refusing to approve, under Division 4, a major development plan for the sensitive development.