AIRPORTS ACT 1996

Commonwealth Consolidated Acts

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AIRPORTS ACT 1996

TABLE OF PROVISIONS

Long Title

PART 1--INTRODUCTION

1. Short title
2. Commencement
3. Objects
4. Simplified outline
5. Definitions
6. Sydney West Airport
7. Meaning of core regulated airport
7A. Transfers and acquisitions by way of the enforcement of a loan security
7B. Meaning of joint - user airport
7C. Giving information and the Electronic Transactions Act
8. Crown to be bound
9. External Territories
10. Extra - territorial operation
10A. Application of the Criminal Code

PART 2--LEASING--AND MANAGEMENT OF AIRPORTS

Division 1--Simplified outline

11. Simplified outline

Division 2--Scope of Part

12. Airports to which Part applies

Division 3--Grant of airport leases

13. Commonwealth may grant airport lease
14. Rules about airport leases
15. Termination of airport lease if lessee ceases to be a qualified company
16. Person may acquire airport leases for only one airport site
17. Simultaneous grant of leases to the same person must relate to the same airport
18. Sydney (Kingsford - Smith) Airport and Sydney West Airport may be under common ownership
19. Only one person to hold airport leases for an airport site
20. Simultaneous grant of leases relating to the same airport site to be to the same person
20A. Airport leases for an airport site to expire on the same day
21. No grant of lease if Part 3 contravened
22. Airport lease granted subject to existing interests in the land

Division 4--Restrictions on acquisition and transfer of airport leases

23. Restriction on acquisition of airport lease
24. No transfer of airport lease without approval of Minister
25. No transfer of lease if Part 3 contravened
26. No declaration of trust in respect of airport lease
27. Beneficial interest in airport lease must not be transferred independently of legal interest
28. Notification of acquisition of lease or of entry into possession--enforcement of loan security
29. Re - transfer of lease--enforcement of loan security
30. Termination of airport lease otherwise than under this Act

Division 5--Obligation to use airport site as an airport

31. Obligation to use airport site as an airport

Division 6--Restrictions on lessees

Subdivision A--Airport-operator company must not carry on non-airport business

32. Airport - operator company must not carry on non - airport business

Subdivision B--Airport-management agreements

33. Airport - management agreements

Subdivision C--Subleases and licences

34. Regulations may prohibit subleases of airport leases
34A. Regulations may prohibit terms from being included in sublease of airport lease
34B. Regulations may require terms to be included in sublease of airport lease
34C. Regulations may prohibit declaration of trust in respect of sublease of airport lease
34D. Regulations may provide that a beneficial interest in a sublease of airport lease must not be transferred independently of the legal interest
35. Regulations may prohibit licences relating to airport leases
35A. Regulations may prohibit terms from being included in licence relating to airport lease
35B. Regulations may require terms to be included in licence relating to airport lease
35C. Regulations may prohibit declaration of trust in respect of licence relating to airport lease
35D. Regulations may provide that a beneficial interest in a licence relating to an airport lease must not be transferred independently of the legal interest
35E. Termination of sublease or licence otherwise than under this Subdivision
35F. Compensation--constitutional safety - net

Division 7--Lands Acquisition Act 1989 not to apply to anything done under this Part

36. Lands Acquisition Act 1989 not to apply to anything done under this Part

Division 8--Entries in title registers

37. Entries in title registers

PART 3--RESTRICTIONS--ON OWNERSHIP OF AIRPORT-OPERATOR COMPANIES

Division 1--Simplified outline

38. Simplified outline

Division 2--Definitions in Schedule

39. Definitions in Schedule

Division 3--49% limit on foreign ownership

40. Meaning of unacceptable foreign - ownership situation
41. Acquisitions of shares
42. Compliance by airport - operator company
43. Remedial orders

Division 4--5% limit on ownership by airlines of airport-operator companies for certain airports

44. Meaning of unacceptable airline - ownership situation
45. Acquisitions of shares
46. Compliance by airport - operator company
47. Remedial orders

Division 5--Limits on cross-ownership of pairs of airport-operator companies

Subdivision A--Simplified outline

48. Simplified outline

Subdivision B--Pairs of airport-operator companies

49. Pairs of airport - operator companies

Subdivision C--15% limit on cross-ownership

50. Meaning of unacceptable cross - ownership situation
51. Acquisitions of shares
52. Compliance by airport - operator companies
53. Remedial orders

Subdivision D--Practical control

54. Meaning of control
55. Minister may declare person to have practical control of an airport - operator company
56. Requirement to relinquish practical control or reduce stake
57. Remedial orders

Division 6--Head office of airport-operator company and citizenship/residency of directors of airport-operator company

58. Head office to be in Australia
59. Majority of directors must be Australian citizens or Australian residents

Division 7--Record-keeping and giving of information

60. Record - keeping and giving of information

Division 8--Concurrent operation of State laws

61. Concurrent operation of State laws

Division 9--Validity of acts done in contravention of this Part

62. Validity of acts done in contravention of this Part

Division 10--Acquisition of property

63. Acquisition of property

PART 4--ANTI---AVOIDANCE

64. Simplified outline
65. Anti - avoidance--assets etc.
66. Anti - avoidance--airport - management agreements

PART 5--LAND--USE, PLANNING AND BUILDING CONTROLS

Division 1--Simplified outline

67. Simplified outline

Division 2--Scope of Part

68. Airports to which Part applies

Division 3--Airport master plans

69. Simplified outline
70. Final master plans
71. Contents of draft or final master plan
71A. Draft or final master plan must identify proposed sensitive developments
72. Planning period
73. Assumption of continuity of lease
74. Plan does not lapse when lease transferred
75. Draft master plan to be given to Minister after acquisition or grant of airport lease
76. New draft master plan to be submitted before expiry of old plan
77. Duration of final master plan
78. Replacement of final master plan
79. Public comment and advice to State etc.
80. Consultations
80A. Minister may request more material for making decision
81. Approval of draft by Minister
81A. Approval of final master plan--Sydney West Airport
82. Transfer of airport lease during approval process
83. Effect of approval
83A. Compliance with environment strategy in final master plan
84. Minor variation of final master plan
84AA. Minor variation of final master plan--Sydney West Airport
84A. Public comment and advice to State etc.--minor variation
85. Notification of matters that may affect the achievement of final master plan
86. Publication of final master plan or variation of final master plan
87. Transitional--adoption of FAC documents

Division 4--Major development plans

Subdivision A--Introduction

88. Simplified outline
89. Meaning of major airport development

Subdivision B--Sensitive developments

89A. Sensitive development prohibited except in exceptional circumstances

Subdivision C--Approval process

90. Major airport development must not be carried out except in accordance with an approved major development plan etc.
91. Contents of major development plan
92. Public comment and advice to State etc.
93. Consultations
93A. Minister may request more material for making decision
94. Approval of major development plan by Minister
94AA. Approval of major development plan--Sydney West Airport
94A. Examples of conditions
95. Minor variation of major development plan
95AA. Minor variation of major development plan--Sydney West Airport
95A. Public comment and advice to State etc.--minor variation
96. Publication of major development plan or variation of major development plan
96AA. Cessation of approval of major development plan in exceptional circumstances

Division 4A--Airport plan for Sydney West Airport

96A. Simplified outline of this Division
96B. Determination of airport plan for Sydney West Airport
96C. Contents of airport plan
96D. Variation of airport plan
96E. Automatic variation of airport plan etc.
96F. Publication of airport plan etc.
96G. Exemption from Parts 3 and 9 of the Environment Protection and Biodiversity Conservation Act 1999
96H. Major development plan
96J. Compliance with condition set out in airport plan
96K. Implementation of airport plan
96L. Ancillary developments on associated sites
96M. Meaning of development

Division 5--Building control

Subdivision A--Simplified outline

97. Simplified outline

Subdivision B--Interpretation

98. Interpretation

Subdivision C--Building approvals

99. Building activities not to be carried out without approval
100. Regulations about building approvals
101. Building approval to be consistent with final master plan and major development plan etc.
102. Offence of contravening conditions
103. Remedial directions
103A. Designated SWA instrument
103B. Building activities on associated sites for Sydney West Airport

Subdivision D--Certificates of compliance

104. Certificates of compliance
105. Eligible alterations
106. Requirement for certificate of compliance
107. Regulations about certificates of compliance
108. Offence of contravening conditions
109. Remedial directions
110. Transitional--buildings and structures in existence when airport lease first granted

Division 6--Miscellaneous

111. Infringement notices
112. Exclusion of State laws
112A. Exclusion of Part III of Australian Capital Territory (Planning and Land Management) Act
112B. Sydney West Airport completion day

PART 6--ENVIRONMENTAL--MANAGEMENT

Division 1--Simplified outline

113. Simplified outline

Division 3--Environmental standards at airports

131A. Airports to which Division applies
131B. Offence resulting in serious environmental harm
131C. Offence resulting in material environmental harm
131D. Offence resulting in environmental nuisance
131E. Alternative verdicts--offence against section 131B or 131C
132. Regulations about environmental standards at airports
133. Regulations about monitoring, and remedying breaches of, environmental standards at airports
134. Remedying breaches of environmental standards--recovery of expenses by airport - operator company
135. Remedying breaches of environmental standards--recovery of expenses by the Commonwealth
136. Operation of State laws
137. Severability

Division 4--Infringement notices

138. Infringement notices

PART 7--ACCOUNTS--AND REPORTS OF AIRPORT-OPERATOR COMPANIES

Division 1--Simplified outline

139. Simplified outline

Division 2--Scope of Part

140. Airports to which Part applies

Division 3--Accounts

141. Preparation and retention of accounts
142. Audit of accounts
143. Lodgment of accounts with the ACCC
143A. Publication of accounts and statements
144. Approved auditor

Division 4--Airport reports

145. Airport reports
145A. Publication of airport reports

Division 5--Record-keeping

146. Record - keeping

Division 6--Protection of documents given to the ACCC

147. Protection of documents given to the ACCC

Division 7--Part supplements the Competition and Consumer Act 2010

148. Part supplements the Competition and Consumer Act 2010

Division 8--Concurrent operation of State laws

149. Concurrent operation of State laws

PART 8--QUALITY--OF SERVICE MONITORING AND REPORTING

Division 1--Simplified outline

150. Simplified outline

Division 2--Scope of Part

151. Airports to which Part applies
152. Airport services and facilities

Division 4--ACCC to monitor quality of services and facilities

155. ACCC to monitor quality of services and facilities

Division 5--Record-keeping and giving of information

156. Record - keeping and giving of information

Division 6--ACCC may publish quality of service information

157. Publication of quality of service information

Division 7--Protection of information given to the ACCC

158. Protection of information given to the ACCC

Division 8--Part supplements the Competition and Consumer Act 2010

159. Part supplements the Competition and Consumer Act 2010

PART 9--VARIATION--AND CLOSURE OF AIRPORT SITES

160. Simplified outline
161. Variation of airport sites--consent of lessee
162. Closure of airport sites
163. Surrender of airport leases
163A. Variation of airport lease--reducing leased area

PART 10--IMPLEMENTATION--OF INTERNATIONAL AGREEMENTS RELATING TO AIRPORTS

164. Simplified outline
165. Designated international agreements
166. Regulations may give effect to designated international agreements
167. Compliance by airport operators with regulations

PART 11--CONTROL--OF CERTAIN ON-AIRPORT ACTIVITIES

168. Simplified outline
169. Airports to which Part applies
170. Control of liquor
171. Control of commercial trading
172. Control of vehicle movements
173. Control of gambling
174. Control of smoking
175. Enforcement
176. Infringement notices
177. Operation of State laws
178. Submissions

PART 12--PROTECTION--OF AIRSPACE AROUND AIRPORTS

Division 1--Simplified outline

179. Simplified outline

Division 2--Scope of Part

180. Airports to which Part applies

Division 3--Prescribed airspace

181. Prescribed airspace

Division 4--Protection of prescribed airspace

182. Controlled activities
183. Controlled activities not to be carried out without approval
184. Regulations about approvals
185. Offence of contravening conditions
186. Notification of proposals to carry out controlled activities
187. Remedial orders
188. Compensation--constitutional safety - net
189. Severability

Division 5--Part supplements regulations under the Civil Aviation Act 1988

190. Part supplements regulations under the Civil Aviation Act 1988

PART 13--ACCESS--TO AIRPORTS AND DEMAND MANAGEMENT AT AIRPORTS

Division 1--Simplified outline

191. Simplified outline

Division 2--Application of the access regime in Part IIIA of the Competition and Consumer Act 2010

193. Part IIIA of the Competition and Consumer Act 2010 to be subject to the demand management provisions of this Part

Division 3--Scope of demand management provisions

194. Scope of demand management provisions

Division 4--Airport capacity declarations

195. Airport capacity declarations
196. Public comment
197. Submissions

Division 5--Declarations subjecting airports to statutory demand management

198. Declarations subjecting airports to statutory demand management
199. Criteria for making declaration
200. Submissions

Division 6--Demand management schemes

201. Demand management schemes
202. Submissions
203. Types of schemes
204. Category exclusion schemes
205. Slot allocation schemes
206. Movement limitation schemes
207. Concurrent schemes

Division 7--Compliance with demand management schemes

208. Compliance with demand management schemes
209. Infringement notices

Division 8--Part supplements Sydney Airport Curfew Act and Air Navigation Regulations

210. Part supplements Sydney Airport Curfew Act
211. Part supplements Air Navigation Regulations

Division 9--Intervals of time

212. Recurring intervals of time
213. Specification of 2 or more intervals of time

Division 10--Severability

214. Severability

PART 14--AIR--TRAFFIC SERVICES AND AERODROME RESCUE AND FIRE FIGHTING SERVICES

215. Simplified outline
216. Air traffic services, and aerodrome rescue and fire fighting services, not to be provided without approval

PART 15--INJUNCTIONS

217. Simplified outline
218. Injunctions
219. Interim injunctions
220. Discharge etc. of injunctions
221. Certain limits on granting injunctions not to apply
222. Other powers of the court unaffected

PART 16--PROSECUTIONS

223. Simplified outline
224. Prosecutions of corporations
225. Prosecutions of persons other than corporations

PART 17--INCORRECT--RECORDS

226. Simplified outline
228. Incorrect records
230. Incorrect accounts and statements
231. False or misleading audit certificates

PART 18--MONITORING--POWERS

232. Simplified outline
233. Authorised officers
234. Identity cards
235. Searches to monitor compliance with Part 5 or 6--occupier consents
236. Monitoring warrants
237. Power to require persons to answer questions etc.
238. Monitoring powers
239. Airport premises
240. References to Part 5 or 6

PART 19--MISCELLANEOUS

241. Simplified outline
242. Review of decisions by Administrative Review Tribunal
243. Tabling of Ministerial statements about certain decisions
244. Delegation
245. Indictable offences
246. Constitutional corporations
247. Severability
248. Application of the Competition and Consumer Act 2010
249. Relocation of abandoned aircraft etc.
250. Access to airports for defence - related purposes and for emergency or disaster relief
251. Compensation for access to airports for defence - related purposes and for emergency or disaster relief
251A. Sydney West Airport--miscellaneous provisions
251B. Regulations declaring airport site
252. Regulations
253. Repeals
SCHEDULE Ownership definitions

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