89Meaning of major airport development

#### 89 Meaning of major airport development (1) For the purposes of this Act, a major airport development is a development that is carried out at an airport site and that consists of: (a) constructing a new runway; or (b) extending the length of a runway; or (ba) altering a runway (other than in the course of maintenance works) in any way that significantly changes: (i) flight paths; or (ii) the patterns or levels of aircraft noise; or (c) constructing a new building wholly or principally for use as a passenger terminal, where the building’s gross floor space is greater than 500 square metres; or (d) extending a building that is wholly or principally for use as a passenger terminal, where the extension increases the building’s gross floor space by more than 10%; or (e) constructing a new building, where: (i) the building is not wholly or principally for use as a passenger terminal; and (ii) the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or (f) constructing a new taxiway, where: (i) the construction significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and (ii) the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or (g) extending a taxiway, where: (i) the extension significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and (ii) the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or (h) constructing a new road or new vehicular access facility, where: (i) the construction significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and (ii) the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or (j) extending a road or vehicular access facility, where: (i) the extension significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and (ii) the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or (k) constructing a new railway or new rail handling facility, where: (i) the construction significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and (ii) the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or (l) extending a railway or rail handling facility, where: (i) the extension significantly increases the capacity of the airport to handle movements of passengers, freight or aircraft; and (ii) the cost of construction exceeds the threshold amount (see subsections (7) and (9)); or (m) a development of a kind that is likely to have significant environmental or ecological impact; or (n) a development which affects an area identified as environmentally significant in the environment strategy; or (na) a development of a kind that is likely to have a significant impact on the local or regional community; or (nb) a development in relation to which the Minister has given an approval under section 89A; or (o) a development of a kind specified in the regulations. (2) Paragraphs (1)(a) to (nb) do not, by implication, limit paragraph (1)(o). (2A) For the purposes of this Act, constructing a thing includes carrying out all associated building activities. (3) For the purposes of subsection (1), if: (a) the parties to a transaction do not deal with each other at arm’s length in relation to the transaction; and (b) a cost arising out of that transaction is less than is reasonable; the amount of that cost is taken to be the amount of the cost that would have arisen if the parties had dealt with each other at arm’s length. (4) For the purposes of this Act, the Minister may determine in writing that specified developments that are proposed to be carried out at an airport site together constitute a major airport development if: (a) each individual development is: (i) covered by subparagraph (1)(e)(i), (f)(i), (g)(i), (h)(i), (j)(i), (k)(i) or (l)(i); but (ii) not covered by subparagraph (1)(e)(ii), (f)(ii), (g)(ii), (h)(ii), (j)(ii), (k)(ii) or (l)(ii); and (b) the developments are: (i) consecutive or concurrent projects; or (ii) extensions to existing buildings. > Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901. (5) The Minister may determine in writing that a specified development of a type described in paragraph (1)(c), (d), (f) or (g) does not constitute a major airport development if: (a) an airport‑lessee company applies to the Minister in writing to consider whether the development constitutes a major airport development (and so requires a major development plan); and (b) the Minister is satisfied, on reasonable grounds, that the development will not: (ii) change the flight paths; or (iii) change the patterns or levels of aircraft noise; or (iv) unduly increase the noise heard by, or unduly cause a nuisance to, the community adjacent to the airport. (6) A determination made under subsection (4) or (5) is not a legislative instrument. Cost of construction (7) For the purposes of subparagraphs (1)(e)(ii), (f)(ii), (g)(ii), (h)(ii), (j)(ii), (k)(ii) and (l)(ii), the cost of construction: (a) includes the costs determined in an instrument under subsection (8) for the purposes of this paragraph; and (b) does not include the costs determined in the instrument for the purposes of this paragraph. (8) The Minister may, by legislative instrument: (a) determine costs for the purposes of paragraph (7)(a); and (b) determine costs for the purposes of paragraph (7)(b). Threshold amount (9) For the purposes of this section, the threshold amount is: (a) $25 million; or (b) if an amount is determined in an instrument under subsection (10) and is in effect in accordance with subsection (11)—that amount. (10) Before each third anniversary of this subsection commencing, the Minister may, by legislative instrument, determine an amount for the purposes of paragraph (9)(b). The amount determined must be higher than the amount applicable under subsection (9) on the day the determination is made. (11) An amount determined in an instrument under subsection (10) takes effect on that third anniversary concerned. (12) Before determining an amount in an instrument under subsection (10), the Minister must take into account changes in construction activity costs since: (a) for the first determination—the commencement of this subsection; or (b) otherwise—the last determination made by the Minister. (13) Without limiting subsection (12), the Minister may comply with that subsection by taking into account changes in an index of construction activity costs published by the Australian Statistician. (14) Subsection (12) does not limit the matters the Minister may take into account.