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Wednesday, 28 March 2007
Page: 24


Senator JOHNSTON (Minister for Justice and Customs) (10:58 AM) —by leave—I move government amendments (1) to (33) together:

(1)    Schedule 1, page 9 (after line 14), after item 40, insert:

40A  Before subsection 79(1)

Insert:

Advice to State or Territory etc.

      (1A)    Before giving the Minister a draft master plan for an airport under section 75, 76 or 78, the airport-lessee company for the airport must advise, in writing, the following persons of its intention to give the Minister the draft master plan:

              (a)    the Minister, of the State or Territory in which the airport is situated, with responsibility for town planning or use of land;

              (b)    the authority of that State or Territory with responsibility for town planning or use of land;

              (c)    each local government body with responsibility for an area surrounding the airport.

       (1B)    The draft plan submitted to the Minister must be accompanied by:

              (a)    a copy of the advice given under subsection (1A); and

              (b)    a written certificate signed on behalf of the company listing the names of those to whom the advice was given.

Note:   The heading to section 79 is altered by adding at the end “and advice to State or Territory etc.”.

40B  Subsection 79(1)

Omit “Before giving the Minister a draft master plan for an airport under section 75, 76 or 78, the airport-lessee company for the airport must”, substitute “After giving the advice under subsection (1A), but before giving the Minister the draft master plan, the company must also”.

Note:   The following heading to subsection 79(1) is inserted “Public comment”.

(2)    Schedule 1, item 42, page 9 (line 18), omit “45”, substitute “60”.

(3)    Schedule 1, item 43, page 9 (line 24), omit “45”, substitute “60”.

(4)    Schedule 1, item 45, page 9 (line 31), omit “45”, substitute “60”.

(5)    Schedule 1, item 47, page 10 (lines 8 and 9), omit the item, substitute:

47  Subsection 79(2)

Repeal the subsection, substitute:

         (2)    If members of the public (including persons covered by subsection (1A)) have given written comments about the preliminary version in accordance with the notice, the draft plan submitted to the Minister must be accompanied by:

              (a)    copies of those comments; and

              (b)    a written certificate signed on behalf of the company:

                    (i)    listing the names of those members of the public; and

                   (ii)    summarising those comments; and

                  (iii)    demonstrating that the company has had due regard to those comments in preparing the draft plan; and

                  (iv)    setting out such other information (if any) about those comments as is specified in the regulations.

47A  Paragraph 80(1)(b)

After “consulted”, insert “(other than by giving an advice under subsection 79(1A))”.

(6)    Schedule 1, item 48, page 10 (lines 10 to 28), omit the item, substitute:

48  After section 80

Insert:

80A  Minister may request more material for making decision

         (1)    This section applies if an airport-lessee company gives the Minister a draft master plan or a draft variation of a final master plan.

         (2)    If the Minister believes on reasonable grounds that he or she does not have enough material to make a proper decision under subsection 81(2) or 84(2), as applicable, the Minister may request the airport-lessee company to provide specified material relevant to making the decision.

Time does not run while further material being sought

         (3)    If the Minister has requested more material under subsection (2) for the purposes of making a decision, a day is not to be counted as a business day for the purposes of subsection 81(5) or 84(3), as applicable, if it is:

              (a)    on or after the day the Minister requested the material; and

              (b)    on or before the day on which the Minister receives the last of the material requested.

(7)    Schedule 1, page 11 (after line 17), after item 56, insert:

56A  Before subsection 84A(1)

Insert:

Advice to State or Territory etc.

      (1A)    Before giving the Minister a draft variation of a final master plan for an airport under subsection 84(1), the airport-lessee company for the airport must advise, in writing, the following persons of its intention to give the Minister the draft variation:

              (a)    the Minister, of the State or Territory in which the airport is situated, with responsibility for town planning or use of land;

              (b)    the authority of that State or Territory with responsibility for town planning or use of land;

              (c)    each local government body with responsibility for an area surrounding the airport.

       (1B)    The draft variation submitted to the Minister must be accompanied by:

              (a)    a copy of the advice given under subsection (1A); and

              (b)    a written certificate signed on behalf of the company listing the names of those to whom the advice was given.

Note:   The heading to section 84A is altered by inserting “and advice to State or Territory etc.” after “comment”.

56B  Subsection 84A(1)

Omit “Before giving the Minister a draft variation of a final master plan for an airport under subsection 84(1), the airport-lessee company for the airport must”, substitute “After giving the advice under subsection (1A), but before giving the Minister the draft variation, the company must also”.

Note:   The following heading to subsection 84A(1) is inserted “Public comment”.

(8)    Schedule 1, item 63, page 12 (lines 14 and 15), omit the item, substitute:

63  Subsection 84A(2)

Repeal the subsection, substitute:

         (2)    If members of the public (including persons covered by subsection (1A)) have given written comments about the preliminary version in accordance with the notice, the draft variation submitted to the Minister must be accompanied by:

              (a)    copies of those comments; and

              (b)    a written certificate signed on behalf of the company:

                    (i)    listing the names of those members of the public; and

                   (ii)    summarising those comments; and

                  (iii)    demonstrating that the company has had due regard to those comments in preparing the draft variation; and

                  (iv)    setting out such other information (if any) about those comments as is specified in the regulations.

(9)    Schedule 1, page 14 (after line 24), after item 78, insert:

78A  Before subsection 92(1)

Insert:

Advice to State or Territory etc.

      (1A)    Before giving the Minister a draft major development plan, the airport-lessee company concerned must advise, in writing, the following persons of its intention to give the Minister the draft major development plan:

              (a)    the Minister, of the State or Territory in which the airport is situated, with responsibility for town planning or use of land;

              (b)    the authority of that State or Territory with responsibility for town planning or use of land;

              (c)    each local government body with responsibility for an area surrounding the airport.

       (1B)    The draft plan submitted to the Minister must be accompanied by:

              (a)    a copy of the advice given under subsection (1A); and

              (b)    a written certificate signed on behalf of the company listing the names of those to whom the advice was given.

Note:   The heading to section 92 is altered by adding at the end “and advice to State or Territory etc.”.

78B  Subsection 92(1)

Omit “Before giving the Minister a draft major development plan, the airport-lessee company concerned must”, substitute “After giving the advice under subsection (1A), but before giving the Minister the draft major development plan, the company must also”.

Note:   The following heading to subsection 92(1) is inserted “Public comment”.

(10)  Schedule 1, item 80, page 14 (line 28), omit “45”, substitute “60”.

(11)  Schedule 1, item 81, page 15 (line 4), omit “45”, substitute “60”.

(12)  Schedule 1, item 83, page 15 (line 11), omit “45”, substitute “60”.

(13)  Schedule 1, item 85, page 15 (lines 19 and 20), omit the item, substitute:

85  Subsection 92(2)

Repeal the subsection, substitute:

         (2)    If members of the public (including persons covered by subsection (1A)) have given written comments about the draft version in accordance with the notice, the draft plan submitted to the Minister must be accompanied by:

              (a)    copies of those comments; and

              (b)    a written certificate signed on behalf of the company:

                    (i)    listing the names of those members of the public; and

                   (ii)    summarising those comments; and

                  (iii)    demonstrating that the company has had due regard to those comments in preparing the draft plan; and

                  (iv)    setting out such other information (if any) about those comments as is specified in the regulations.

85A  Paragraph 93(1)(b)

After “consulted”, insert “(other than by giving an advice under subsection 92(1A))”.

(14)  Schedule 1, item 86, page 15 (line 21) to page 16 (line 9), omit the item, substitute:

86  After section 93

Insert:

93A  Minister may request more material for making decision

         (1)    This section applies if an airport-lessee company gives the Minister a draft major development plan or a draft variation of a major development plan.

         (2)    If the Minister believes on reasonable grounds that he or she does not have enough material to make a proper decision under subsection 94(2) or 95(2), as applicable, the Minister may request the airport-lessee company to provide specified material relevant to making the decision.

Time does not run while further material being sought

         (3)    If the Minister has requested more material under subsection (2) for the purposes of making a decision, a day is not to be counted as a business day for the purposes of subsection 94(6) or 95(3), as applicable, if it is:

              (a)    on or after the day the Minister requested the material; and

              (b)    on or before the day on which the Minister receives the last of the material requested.

(15)  Schedule 1, page 16 (after line 17), after item 89, insert:

89A  At the end of subsection 94(7)

Add:

Note:   For examples of conditions imposed under this subsection, see section 94A.

(16)  Schedule 1, page 16 (after line 31), after item 91, insert:

91A  After section 94

Insert:

94A  Examples of conditions

                  Without limiting subsection 94(7), the following conditions may be imposed under that subsection:

              (a)    a condition relating to the ongoing operation of a development to which a major development plan relates;

              (b)    a condition requiring the preparation, submission for approval by a specified person, and implementation, of a plan for managing the impact, on an airport and an area surrounding an airport, of a development to which a major development plan relates.

(17)  Schedule 1, items 97 and 98, page 17 (lines 20 to 28), omit the items, substitute:

97  Before subsection 95A(1)

Insert:

Application of section

      (1A)    This section applies if the Minister has, under paragraph 95(2)(c), required a draft variation of a major development plan for an airport to be subject to public comment under this section.

Advice to State or Territory etc.

       (1B)    Before resubmitting the draft variation to the Minister, the airport-lessee company for the airport must advise, in writing, the following persons of its intention to resubmit the draft variation to the Minister:

              (a)    the Minister, of the State or Territory in which the airport is situated, with responsibility for town planning or use of land;

              (b)    the authority of that State or Territory with responsibility for town planning or use of land;

              (c)    each local government body with responsibility for an area surrounding the airport.

       (1C)    The draft variation resubmitted to the Minister must be accompanied by:

              (a)    a copy of the advice given under subsection (1B); and

              (b)    a written certificate signed on behalf of the company listing the names of those covered by subsection (1B) to whom the advice was given.

Note:   The heading to section 95A is altered by inserting “and advice to State or Territory etc.” after “comment”.

98  Subsection 95A(1)

Omit “Before giving the Minister a draft variation of a major development plan for an airport under subsection 95(1), the airport-lessee company for the airport must”, substitute “After giving the advice under subsection (1B), but before resubmitting the draft variation to the Minister, the company must also”.

Note:   The following heading to subsection 95A(1) is inserted “Public comment”.

(18)  Schedule 1, items 105 and 106, page 18 (lines 23 to 26), omit the items, substitute:

105  Subsection 95A(2)

Repeal the subsection, substitute:

         (2)    If members of the public (including persons covered by subsection (1B)) have given written comments about the preliminary version in accordance with the notice, the draft variation resubmitted to the Minister must be accompanied by:

              (a)    copies of those comments; and

              (b)    a written certificate signed on behalf of the company:

                    (i)    listing the names of those members of the public; and

                   (ii)    summarising those comments; and

                  (iii)    demonstrating that the company has had due regard to those comments in preparing the draft variation; and

                  (iv)    setting out such other information (if any) about those comments as is specified in the regulations.

(19)  Schedule 1, item 120, page 20 (lines 19 to 24), omit the item, substitute:

120  At the end of Division 6 of Part 5

Add:

112A  Exclusion of Part III of Australian Capital Territory (Planning and Land Management) Act

         (1)    Part III of the Australian Capital Territory (Planning and Land Management) Act 1988 does not apply in relation to Canberra Airport.

         (2)    In particular, despite section 10 of that Act, Canberra Airport is not a Designated Area for the purposes of that Act.

(20)  Schedule 1, page 21 (after line 14), after item 125, insert:

125A  Before subsection 124(1)

Insert:

Advice to State or Territory etc.

      (1A)    Before giving the Minister a draft environment strategy for an airport under section 120, 121 or 123, the airport-lessee company for the airport must advise, in writing, the following persons of its intention to give the Minister the draft environment strategy:

              (a)    the Minister, of the State or Territory in which the airport is situated, with responsibility for town planning or use of land;

              (b)    the authority of that State or Territory with responsibility for town planning or use of land;

              (c)    each local government body with responsibility for an area surrounding the airport.

       (1B)    The draft environment strategy submitted to the Minister must be accompanied by:

              (a)    a copy of the advice given under subsection (1A); and

              (b)    a written certificate signed on behalf of the company listing the names of those to whom the advice was given.

Note:   The heading to section 124 is altered by adding at the end “and advice to State or Territory etc.”.

125B  Subsection 124(1)

Omit “Before giving the Minister a draft environment strategy for an airport under section 120, 121 or 123, the airport-lessee company for the airport must”, substitute “After giving the advice under subsection (1A), but before giving the Minister the draft environment strategy, the company must also”.

Note:   The following heading to subsection 124(1) is inserted “Public comment”.

(21)  Schedule 1, item 127, page 21 (line 18), omit “45”, substitute “60”.

(22)  Schedule 1, item 128, page 21 (line 24), omit “45”, substitute “60”.

(23)  Schedule 1, item 130, page 21 (line 31), omit “45”, substitute “60”.

(24)  Schedule 1, item 132, page 22 (lines 8 and 9), omit the item, substitute:

132  Subsection 124(2)

Repeal the subsection, substitute:

         (2)    If members of the public (including persons covered by subsection (1A)) have given written comments about the preliminary version in accordance with the notice, the draft strategy submitted to the Minister must be accompanied by:

              (a)    copies of those comments; and

              (b)    a written certificate signed on behalf of the company:

                    (i)    listing the names of those members of the public; and

                   (ii)    summarising those comments; and

                  (iii)    demonstrating that the company has had due regard to those comments in preparing the draft strategy; and

                  (iv)    setting out such other information (if any) about those comments as is specified in the regulations.

132A  Paragraph 125(1)(b)

After “consulted”, insert “(other than by giving an advice under subsection 124(1A))”.

(25)  Schedule 1, item 133, page 22 (lines 10 to 29), omit the item, substitute:

133  After section 125

Insert:

125A  Minister may request more material for making decision

         (1)    This section applies if an airport-lessee company gives the Minister a draft environment strategy or a draft variation of a final environment strategy.

         (2)    If the Minister believes on reasonable grounds that he or she does not have enough material to make a proper decision under subsection 126(2) or 129(2), as applicable, the Minister may request the airport-lessee company to provide specified material relevant to making the decision.

Time does not run while further material being sought

         (3)    If the Minister has requested more material under subsection (2) for the purposes of making a decision, a day is not to be counted as a business day for the purposes of subsection 126(5) or 129(3), as applicable, if it is:

              (a)    on or after the day the Minister requested the material; and

              (b)    on or before the day on which the Minister receives the last of the material requested.

(26)  Schedule 1, page 28 (before line 29), before item 170, insert:

169A  Section 4 (at the end of the definition of Designated Area)

Add:

Note:   Canberra Airport is not a Designated Area: see section 112A of the Airports Act 1996.

(27)  Schedule 1, item 170, page 29 (line 2), omit “The Plan does not apply to”, substitute “This Part does not apply in relation to”.

(28)  Schedule 1, item 171, page 30 (line 17), omit “41”, substitute “40A”.

(29)  Schedule 1, item 171, page 30 (line 26), omit “57”, substitute “56A”.

(30)  Schedule 1, item 173, page 31 (line 28), omit “79”, substitute “78A”.

(31)  Schedule 1, item 173, page 32 (lines 3 and 4), omit “, 105 and 106”, substitute “and 105”.

(32)  Schedule 1, item 173, page 32 (line 7), after “items”, insert “97 and”.

(33)  Schedule 1, item 174, page 33 (line 14), omit “126”, substitute “125A”.

I table the explanatory memorandum relating to the government amendments to be moved to this bill. The memorandum was circulated in the chamber on 27 March 2007.