95Minor variation of major development plan

#### 95 Minor variation of major development plan (1) This section applies if: (a) a major development plan for an airport has been approved by the Minister; and (b) the airport‑lessee company for the airport gives the Minister, in writing, a draft variation of the plan; and (c) the variation is of a minor nature. (2) The Minister must: (a) approve the variation; or (b) refuse to approve the variation; or (c) if: (i) the Minister has not previously required the variation to be subject to public comment under section 95A; and (ii) in the Minister’s opinion, it would be in the public interest to do so; require the variation to be subject to public comment under section 95A. (3) If the Minister does not make a decision under subsection (2) before the end of: (a) the period of 50 business days after the day on which the Minister received the draft variation; 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 variation under subsection (2). (3AA) A notice made under paragraph (3)(b) is not a legislative instrument. (3A) 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 variation, subsection (3) applies as if it referred to the day on which the Minister received the advice, instead of the day the draft variation was received. (4) As soon as practicable after making a decision under subsection (2), the Minister must notify the company in writing of the decision. (5) If the Minister refuses to approve the variation, the Minister must notify the company in writing of the Minister’s reasons for the refusal. (6) If the Minister approves the variation, the plan is varied accordingly.