32Ministerial decision whether to make local standard

32  Ministerial decision whether to make local standard

 (2) After receiving a request under subsection 31(2) of this instrument to make a local standard for an airport, the Minister must decide:

 (a) to make the local standard under section 34; or

 (b) to refuse to make the local standard.

Matters Minister must take into account in making a decision

 (3) In making a decision under subsection (2), the Minister must take the following into account:

 (a) the views and comments mentioned in subparagraphs 31(5)(b)(iii) and (iv);

 (b) the consideration of those views and comments by the airport‑lessee company in accordance with subparagraph 31(5)(b)(v);

 (c) any relevant requirements, or standards, established under a law of the State in which the airport is located;

 (d) whether the local standard would be consistent, or inconsistent, with the objectives and proposed measures set out in the environment strategy for the airport;

 (e) whether the local standard would permit a higher level of contamination in an area at the airport than would otherwise apply;

 (f) the need to avoid inconsistency with national environment protection measures made under section 14 of the National Environment Protection Council Act 1994.

 (4) The Minister’s decision must be based on expert environmental advice and, for that purpose, the Minister may consult:

 (a) Commonwealth and State agencies or bodies that have responsibility for, or expertise in, matters proposed to be covered by the local standard; and

 (b) relevant independent experts.

Local standard for Sydney West Airport

 (5) Paragraph (3)(d) applies in relation to a local standard for Sydney West Airport, before the first final master plan comes into force for that airport, as if:

 (a) the words “the objectives and proposed measures set out in the environment strategy for the airport” were omitted from that paragraph; and

Request taken to be refused if Minister does not decide within 90 days

 (6) Subject to section 33, if the Minister does not make a decision on a request under subsection 31(2) within 90 days of receiving the request, the Minister is taken to have decided to refuse the request.