96BDetermination of airport plan for Sydney West Airport

#### 96B Determination of airport plan for Sydney West Airport (1) The Infrastructure Minister may, by writing, determine an airport plan for Sydney West Airport. Environment Minister to consider draft airport plan etc. (2) Before determining an airport plan for Sydney West Airport, the Infrastructure Minister must give a draft of the airport plan to the Environment Minister. (3) If the Infrastructure Minister gives the Environment Minister a draft airport plan for Sydney West Airport, the Environment Minister must: (a) give the Infrastructure Minister: (i) a notice stating that the Environment Minister considers that the airport plan should not be determined; or (ii) a notice stating that the Environment Minister considers that one or more specified conditions or provisions should be included in the airport plan for the purpose of protecting the environment; or (iii) a notice stating that the Environment Minister is satisfied with the airport plan; and (b) do so within 30 business days after receiving the draft airport plan. (4) A condition or provision must not be specified in a notice under subparagraph (3)(a)(ii) unless the condition or provision relates to a development covered by Part 3 of the draft airport plan. (5) In exercising the power conferred by subsection (3), the Environment Minister must have regard to: (a) the Sydney West Airport environmental impact statement finalised under section 104 of the Environment Protection and Biodiversity Conservation Act 1999; and (b) such other matters (if any) relating to the environment as the Environment Minister considers relevant. (6) For the purposes of subsections (3) and (5), environment has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999. (7) An airport plan for Sydney West Airport must not be determined before: (a) the Sydney West Airport environmental impact statement is finalised under section 104 of the Environment Protection and Biodiversity Conservation Act 1999; and (b) the Environment Minister has given the Infrastructure Minister a notice under subsection (3) in response to a draft of the airport plan. (8) If: (a) the Infrastructure Minister has given the Environment Minister a draft airport plan for Sydney West Airport; and (b) the Environment Minister has given the Infrastructure Minister a notice under subparagraph (3)(a)(i) in response to the draft airport plan; the Infrastructure Minister must not determine an airport plan for Sydney West Airport, unless: (c) the Infrastructure Minister gives the Environment Minister another draft airport plan for Sydney West Airport; and (d) the Environment Minister gives the Infrastructure Minister a notice under subparagraph (3)(a)(ii) or (iii) in response to the other draft airport plan. The other draft airport plan may be in the same or different terms as the draft airport plan mentioned in paragraph (a) of this subsection. (9) If: (a) the Infrastructure Minister has given the Environment Minister a draft airport plan for Sydney West Airport; and (b) the Environment Minister has given the Infrastructure Minister a notice under subparagraph (3)(a)(ii) in response to the draft airport plan; the Infrastructure Minister must not determine an airport plan for Sydney West Airport, unless: (c) the conditions or provisions specified in the notice are included in the plan; or (d) all of the following conditions are satisfied: (i) the Infrastructure Minister gives the Environment Minister another draft airport plan for Sydney West Airport; (ii) the Environment Minister gives the Infrastructure Minister a notice under subparagraph (3)(a)(ii) (the subsequent notice) in response to the other draft airport plan; (iii) the conditions or provisions specified in the subsequent notice are included in the plan; or (e) both of the following conditions are satisfied: (i) the Infrastructure Minister gives the Environment Minister another draft airport plan for Sydney West Airport; (ii) the Environment Minister gives the Infrastructure Minister a notice under subparagraph (3)(a)(iii) in response to the other draft airport plan. The other draft airport plan mentioned in paragraph (d) or (e) of this subsection may be in the same or different terms as the draft airport plan mentioned in paragraph (a) of this subsection. Criteria (10) In determining an airport plan for Sydney West Airport, the Infrastructure Minister may have regard to such matters as the Infrastructure Minister considers relevant. Plan is not a legislative instrument (11) An airport plan for Sydney West Airport is not a legislative instrument. Sydney West Airport environmental impact statement (12) For the purposes of this section, if: (a) in December 2014, proposed action consisted of the construction and operation of a Western Sydney Airport at Badgerys Creek, New South Wales; and (b) the proposed action was referred to the Environment Minister; and (c) the Environment Minister decided under section 87 of the Environment Protection and Biodiversity Conservation Act 1999 that the relevant impacts of the action must be assessed by an environmental impact statement under Division 6 of Part 8 of that Act; the environmental impact statement is the Sydney West Airport environmental impact statement. (13) For the purposes of paragraph (12)(b), it is immaterial whether the referral occurred before, at or after the commencement of this section. (14) For the purposes of paragraph (12)(c), it is immaterial whether the decision was made before, at or after the commencement of this section.