Commonwealth Consolidated Acts

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 Appeals 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