94Approval of major development plan by Minister

#### 94 Approval of major development plan by Minister (1) This section applies if an airport‑lessee company gives the Minister, in writing, a draft major development 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 purpose of a major development plan (see subsection 91(1A)); (a) the extent to which carrying out the plan would meet the future needs of civil aviation users of the airport, and other users of the airport, for services and facilities relating to the airport; (b) the effect that carrying out the plan would be likely to have on the future operating capacity of the airport; (c) the impact that carrying out the plan would be likely to have on the environment; (d) the consultations undertaken in preparing the plan (including the outcome of the consultations); (e) 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; (f) if the plan relates to a sensitive development: (i) whether the exceptional circumstances that the airport‑lessee company claims will justify the development of the sensitive development at the airport; and (ii) the likely effect of the sensitive development on the future use of the airport site for aviation related purposes; and (iii) the likely effect of the sensitive development on the ground transport system at, and adjacent to, the airport. (4) Subsection (3) does not, by implication, limit the matters to which the Minister may have regard. (5) If a final master plan is in force for the airport, the Minister must not approve the draft major development plan unless it is consistent with the final master plan. (6) If the Minister neither approves, nor refuses to approve, the draft major development 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). (6AA) A notice made under subsection (6)(b) is not a legislative instrument. (6A) However, if the advice of the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 is sought under Subdivision A of Division 4 of Part 11 of that Act in relation to a draft plan, subsection (6) applies as if it referred to the day on which the Minister received the advice, instead of the day the draft plan was received. (7) The Minister may approve the draft major development plan subject to one or more conditions. > Note: For examples of conditions imposed under this subsection, see section 94A. (7A) Unless an approval by the Minister states otherwise, the approval is subject to a condition that the development be substantially completed before the end of a specified period ending no later than 5 years after the approval. (7B) The Minister may extend, or further extend, that period by up to 2 years. The Minister may do so only if that period, or that period as last extended, has not yet ended. The Minister may extend, or further extend, that period subject to one or more conditions. (8) As soon as practicable after deciding whether to approve the draft major development plan, the Minister must notify the company in writing of the decision. (9) If the Minister refuses to approve the draft major development plan, the Minister must notify the company in writing of the Minister’s reasons for the refusal. (10) The regulations may provide for fees to be payable in respect of the lodgment of a draft plan under subsection (1). Major development plans are not legislative instruments (11) A major development plan is not a legislative instrument.