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Airports Act 1996
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Administered by
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
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C2024C00082 (C36)
20 March 2024
-
13 October 2024
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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
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Part 2—Leasing and management of airports
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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
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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
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Part 3—Restrictions on ownership of airport operator companies
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Division 1—Simplified outline
38 Simplified outline
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Division 2—Definitions in Schedule
39 Definitions in Schedule
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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
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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
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Division 5—Limits on cross ownership of pairs of airport operator companies
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Subdivision A—Simplified outline
48 Simplified outline
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Subdivision B—Pairs of airport operator companies
49 Pairs of airport operator companies
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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
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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
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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
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Division 7—Record keeping and giving of information
60 Record keeping and giving of information
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Division 8—Concurrent operation of State laws
61 Concurrent operation of State laws
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Division 9—Validity of acts done in contravention of this Part
62 Validity of acts done in contravention of this Part
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Division 10—Acquisition of property
63 Acquisition of property
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Part 4—Anti avoidance
64 Simplified outline
65 Anti avoidance—assets etc.
66 Anti avoidance—airport management agreements
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Part 5—Land use, planning and building controls
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Division 1—Simplified outline
67 Simplified outline
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Division 2—Scope of Part
68 Airports to which Part applies
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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
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Division 4—Major development plans
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Subdivision A—Introduction
88 Simplified outline
89 Meaning of major airport development
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Subdivision B—Sensitive developments
89A Sensitive development prohibited except in exceptional circumstances
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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
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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
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Division 5—Building control
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Subdivision A—Simplified outline
97 Simplified outline
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Subdivision B—Interpretation
98 Interpretation
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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
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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
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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
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Part 6—Environmental management
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Division 1—Simplified outline
113 Simplified outline
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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
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Division 4—Infringement notices
138 Infringement notices
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Part 7—Accounts and reports of airport operator companies
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Division 1—Simplified outline
139 Simplified outline
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Division 2—Scope of Part
140 Airports to which Part applies
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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
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Division 4—Airport reports
145 Airport reports
145A Publication of airport reports
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Division 5—Record keeping
146 Record keeping
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Division 6—Protection of documents given to the ACCC
147 Protection of documents given to the ACCC
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Division 7—Part supplements the Competition and Consumer Act 2010
148 Part supplements the Competition and Consumer Act 2010
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Division 8—Concurrent operation of State laws
149 Concurrent operation of State laws
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Part 8—Quality of service monitoring and reporting
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Division 1—Simplified outline
150 Simplified outline
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Division 2—Scope of Part
151 Airports to which Part applies
152 Airport services and facilities
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Division 4—ACCC to monitor quality of services and facilities
155 ACCC to monitor quality of services and facilities
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Division 5—Record keeping and giving of information
156 Record keeping and giving of information
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Division 6—ACCC may publish quality of service information
157 Publication of quality of service information
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Division 7—Protection of information given to the ACCC
158 Protection of information given to the ACCC
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Division 8—Part supplements the Competition and Consumer Act 2010
159 Part supplements the Competition and Consumer Act 2010
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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
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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
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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
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Part 12—Protection of airspace around airports
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Division 1—Simplified outline
179 Simplified outline
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Division 2—Scope of Part
180 Airports to which Part applies
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Division 3—Prescribed airspace
181 Prescribed airspace
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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
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Division 5—Part supplements regulations under the Civil Aviation Act 1988
190 Part supplements regulations under the Civil Aviation Act 1988
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Part 13—Access to airports and demand management at airports
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Division 1—Simplified outline
191 Simplified outline
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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
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Division 3—Scope of demand management provisions
194 Scope of demand management provisions
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Division 4—Airport capacity declarations
195 Airport capacity declarations
196 Public comment
197 Submissions
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Division 5—Declarations subjecting airports to statutory demand management
198 Declarations subjecting airports to statutory demand management
199 Criteria for making declaration
200 Submissions
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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
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Division 7—Compliance with demand management schemes
208 Compliance with demand management schemes
209 Infringement notices
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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
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Division 9—Intervals of time
212 Recurring intervals of time
213 Specification of 2 or more intervals of time
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Division 10—Severability
214 Severability
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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
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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
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Part 16—Prosecutions
223 Simplified outline
224 Prosecutions of corporations
225 Prosecutions of persons other than corporations
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Part 17—Incorrect records
226 Simplified outline
228 Incorrect records
230 Incorrect accounts and statements
231 False or misleading audit certificates
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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
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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
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Schedule—Ownership definitions
1 Object
2 Definitions
3 When foreign citizens are ordinarily resident in Australia
4 Entering into an agreement or arrangement
5 Associates
6 Power to appoint director
7 Meaning of entitled to acquire
8 Meaning of interest in a share
9 Certain interests and stakes to be disregarded
10 Voting power
11 Stake in a company
12 Direct control interests in a company
13 Substantial interests in trust estates
14 Airport holding companies in which foreign persons have direct control interests
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history