96DVariation of airport plan

#### 96D Variation of airport plan (1) If an airport plan for Sydney West Airport is in force, the Infrastructure Minister may, by writing, vary the plan. (2) A power conferred by subsection (1) may be exercised: (a) if there is no airport lease for Sydney West Airport—on the Infrastructure Minister’s own initiative; or (b) if there is an airport lease for Sydney West Airport—on the application of the airport‑lessee company for the airport. (3) If an airport plan for Sydney West Airport includes a condition or provision required by subsection 96B(9), the Infrastructure Minister must not make a variation under subsection (1) of this section that is inconsistent with the required condition or provision, unless the Environment Minister agrees to the variation. Variation is not a legislative instrument (4) A variation under subsection (1) is not a legislative instrument. Agreement about applications for variations (5) The Commonwealth and the airport‑lessee company for Sydney West Airport may enter into an agreement that: (a) restricts or limits the circumstances in which the company may make an application under subsection (2); or (b) requires the company to make an application under subsection (2). (6) A restriction or limitation may require the airport‑lessee company to obtain the approval of the Infrastructure Minister before making an application under subsection (2). Effect of the Environment Protection and Biodiversity Conservation Act 1999 (7) The Environment Protection and Biodiversity Conservation Act 1999 has effect as if a variation of an airport plan for Sydney West Airport were an authorisation of an action described in subsection 160(2) of that Act. Termination of power to vary airport plan to include additional developments (8) If an airport plan for Sydney West Airport is in force, Part 3 of the airport plan must not be varied under subsection (1) after the Sydney West Airport completion day so as to: (a) set out the details of an additional development to be carried out on the airport site for the airport; or (b) set out the details of an additional ancillary development to be carried out on an associated site for the airport.