[Peetwo]

Dear Senator McKenzie a BRB 'HOW TO' on amending the Airport's Act!! -   

Via the useless miniscule Dicky King's thread:

Miniscule a' la King on QON non-answers and ignoring industry concerns on Airport DRAFT Masterplans? - 

...Next Betsy and his Minions (read 1st Assistant Secretary Ms Stephanie Werner) abysmal (under the bubble) attitude to the decimation of our secondary and regional ALOP airports...

Via YouTube:

And from Hansard:

Senator McKENZIE: There are a lot of people in and around Moorabbin Airport—and on Moorabbin Airport—who are very concerned with changes to the draft plan. After it was not approved by one minister, changes were made and it did not go out for additional consultation on those changes, which several people believe will have a material impact on operations. So I want to understand why we would not actually go back to those additional public submissions for a fresh draft master plan for Moorabbin Airport.

Ms Werner : The reason that we have not done that is we are unable to compel Moorabbin Airport to do that.

Senator McKENZIE: Have you got legal advice to suggest that?

Ms Werner : I could not comment on the content of legal advice.

Senator McKENZIE: Why? Is it a public interest immunity issue?

Ms Werner : Generally, we do not disclose the content of our legal advice. But I am telling you that we cannot compel them to consult on the revised master plan for Moorabbin Airport, under the Airports Act.

Senator McKENZIE: What would we need to change in the Airports Act for that to happen?

Ms Werner : There would need to be a provision. Under the Airports Act, if the minister rejects a master plan the proponent is able to submit a fresh draft master plan. The Airports Act would need to be amended to require that the fresh draft master plan also needs to be subject to public consultation. At the moment that provision does not appear in the Airports Act.

   
Hmm...fancy that (underlined above) a politician speaking like a Legislator??   

Senator McKENZIE: So there's nothing actually precluding the minister. It's not a requirement in the act for Moorabbin Airport to undertake consultation, so they're not going to do it because they don't see it in their interest. But nothing precludes Minister King from engaging in this. If she was of a mind to understand the public disquiet or the council's disquiet, what powers does she have if she's of a different view to Moorabbin Airport about the draft plan?

Ms Werner : Vis-a-vis consultation.

Senator McKENZIE: Vis-a-vis approval of a draft plan she doesn't agree with?

Ms Werner : Her alternative is to reject it.

Senator McKENZIE: And just continue to reject it?

Ms Werner : Yes.

Senator McKENZIE: But can she give them advice on what would make it acceptable?

Ms Werner : Yes, she has to deliver a statement of reasons which explains why she's rejected it.

Senator McKENZIE: Was the department made aware of Kingston City Council sharing legal advice with the minister?

Ms Werner : Yes.

Senator McKENZIE: And what did that legal advice say?

Ms Werner : I don't have any notes on that. I'm going from memory, but Kingston City Council took a different view from us and was of the view that this did require a fresh round of consultation.

Senator McKENZIE: We've got competing legal advice at 20 paces. How unusual! Our entire system is built on that. What does the minister think? She has got a set of legal advice from you and a set of legal advice that she's been made aware of from Kingston City Council.

Ms Werner : Yes, she's got legal advice from—

Senator McKENZIE: Multiple sources?

Ms Werner : She's got legal advice from her lawyers and she's accepted that advice.

Senator McKENZIE: Did she seek a meeting? Has she had a meeting with the Kingston City Council?

Ms Werner : Not that I am aware of, but I'd have to check.

Senator McKENZIE: If you could check that would be fantastic. Has she had a meeting with general aviation businesses in Moorabbin airport?

Ms Werner : Not that I am aware of. I'd have to check with her office.

Senator McKENZIE: In terms of receiving two competing pieces of legal advice—

Ms Werner : The minister received one piece of legal advice from her lawyers. Kingston City Council received its own legal advice. And the two pieces of legal advice differed.

Senator McKENZIE: I get that. And she chose to accept—

Ms Werner : The advice from the Australian Government Solicitor on Australian legislation, yes.

Senator McKENZIE: Did the brief or advice that went up to the minister critique the Kingston City Council's advice or just give—

Ms Werner : Yes, we sought legal advice on Kingston City Council's legal advice.

Senator McKENZIE: Was this discussed with the local member for Moorabbin?

Ms Werner : I have no information as to that.

Senator McKENZIE: Did Minister King meet with the Attorney-General, Mr Dreyfus?

Ms Werner : Not that I'm aware of.

Senator Chisholm: We're happy to take it on notice.

Senator McKENZIE: If you could take on notice the correspondence between the Attorney-General—not on the legality but as a local member and a member for Victoria, because my understanding is he has had meetings with this community.

Hmm...so the lazy Miniscule Dicky King simply chose not to stand up for and consider the concerns of the industry stakeholders and the Kingston City Council in favour of ticking and flicking a Masterplan that will see further operational restrictions and impediments to the surviving GA airport tenants...

The final damning OBS from Senator McDonald...

Senator McDONALD: Could I ask a follow-up question?

Senator McKENZIE: Go for it.

Senator McDONALD: Who was the responsible department official on Moorabbin? Is it you, Ms Werner?

Ms Werner : No, Senator. This was well before my time, I'm afraid. The responsible departmental official at the time—I'm sorry, I'd have to take that on notice.

Senator McDONALD: But the decision's been made? It's not still ongoing—the master plan review?

Ms Werner : No, the decision's been made.

Senator McDONALD: Have any of the officials at the table been out to Moorabbin Airport?

Ms Purvis-Smith : I haven't.

Ms Werner : I haven't.

Senator McDONALD: It would be instructional to go out and see what a disaster it is—the master planning process—and what an outrageous decision has been made, over many years, to allow the development of that site that's driven out general aviation. It is absolutely appalling, and, Mr Betts, I would suggest that you or some of your department take an interest in what's happening at these airports right across Australia. It's a national embarrassment.

So to the question...

"...Ms Werner : Generally, we do not disclose the content of our legal advice. But I am telling you that we cannot compel them to consult on the revised master plan for Moorabbin Airport, under the Airports Act.

Senator McKENZIE: What would we need to change in the Airports Act for that to happen?.."

Via the AP email chains, this is what BRB team member CM came up with for possible amendments to the Airports Act 1996...  : Airports Act Amendments

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MTF...P2