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Airports Regulations 1997

Authoritative Version
  • - F2016C00120
  • In force - Superseded Version
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SR 1997 No. 8 Regulations as amended, taking into account amendments up to Airports Legislation Amendment (2015 Measures No. 2) Regulation 2015
Principal Regulations
Administered by: Infrastructure and Regional Development
Registered 10 Feb 2016
Start Date 17 Dec 2015
End Date 28 Nov 2016

Airports Regulations 1997

Statutory Rules No. 8, 1997

made under the

Airports Act 1996

Compilation No. 28

Compilation date:                              17 December 2015

Includes amendments up to:            SLI No. 244, 2015

Registered:                                         10 February 2016

 

About this compilation

This compilation

This is a compilation of the Airports Regulations 1997 that shows the text of the law as amended and in force on 17 December 2015 (the compilation date).

This compilation was prepared on 28 January 2016.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

 


Contents

Part 1—Preliminary                                                                                                             1

1.01....... Name of regulations............................................................................ 1

1.02....... Interpretation....................................................................................... 1

1.02A.... Airport lease—joint‑user airport......................................................... 1

1.03....... Airport sites........................................................................................ 1

1.04....... Canberra Airport ceases to be joint user airport.................................. 3

Part 2—Leasing and management of airports                                                     4

2.01....... Interpretation....................................................................................... 4

2.01A.... Airports to which Part 2 of the Act applies......................................... 4

2.02....... Grounds for refusing to approve the transfer of an airport lease......... 5

2.03....... Grounds for refusing to approve an airport‑management agreement or variation of an agreement           6

2.04....... Prohibited kinds of subleases.............................................................. 8

2.05....... Secretary may declare that specified sublease not prohibited............... 9

2.06....... Revocation of declaration.................................................................. 10

2.07....... Approval of sublease to State government etc................................... 11

2.09....... Mandatory terms in subleases........................................................... 11

2.10....... Prohibition on dealings with subleases by way of trust etc............... 12

2.11....... Secretary may declare that specified dealing with sublease not prohibited                12

2.12....... Prohibited kinds of licences.............................................................. 13

2.13....... Secretary may declare that specified licence not prohibited............... 15

2.14....... Revocation of declaration.................................................................. 16

2.15....... Approval of licence to State government etc..................................... 17

2.17....... Mandatory terms in licences.............................................................. 17

2.18....... Prohibition on dealings with licences by way of trust etc.................. 18

2.19....... Secretary may declare that specified dealing with licence not prohibited  18

2.20....... AAT review of decisions.................................................................. 19

2.21....... Delegation......................................................................................... 20

Part 3—Ownership of airports                                                                                    21

Division 3.1—If unacceptable foreign‑ownership situation exists      21

3.01....... Minister to give notice before applying to Court............................... 21

3.02....... Airport‑operator company’s obligations not affected........................ 21

Division 3.2—Record‑keeping and reporting                                                23

3.20....... Meaning of certain terms................................................................... 23

3.21....... Relationship with Corporations Act 2001......................................... 23

3.22....... Airport‑operator company to keep register........................................ 24

3.23....... Airport‑operator company to make return......................................... 25

3.24....... Minister may request information..................................................... 27

3.25....... Minister may request copy of the register......................................... 28

3.26....... Company must inform Minister in certain circumstances.................. 29

3.26A.... Person must give information relevant to ownership matter to airport‑operator company        29

3.27....... Delegation......................................................................................... 30

Part 5—Land use, planning and building controls                                         31

5.01....... Interpretation..................................................................................... 31

5.01A.... Airports to which Part 5 of the Act applies....................................... 31

5.02....... Contents of draft or final master plan—general................................. 31

5.02A.... Contents of draft or final master plan—matters to be specified in environment strategy          32

5.02B.... Contents of draft or final master plan—things to be addressed in environment strategy          33

5.03....... Developments exempt from Division 4 of Part 5 of the Act............. 36

5.04....... Contents of major development plan................................................. 36

5.05....... Meaning of development—prescribed activities................................ 36

Part 7—Accounts and reports of airport‑operator companies                37

7.01....... Application of Part............................................................................ 37

7.02....... Interpretation..................................................................................... 37

7.02A.... Meaning of aeronautical services and facilities................................ 38

7.02B.... Specified airports (Act s 140)........................................................... 40

7.03....... Preparation of accounts and reports.................................................. 40

7.05....... Auditor’s certificate........................................................................... 41

7.06....... Lodgement of accounts with the ACCC............................................ 42

7.07....... Report on airports............................................................................. 42

7.08....... Record‑keeping................................................................................. 43

Part 8Quality of service monitoring                                                                     44

8.01....... Airports to which Part 8 of the Act applies....................................... 44

8.01A.... Aspects of airport services and facilities to be monitored and evaluated.. 44

8.02....... Records that must be kept regarding quality of service matters......... 45

8.03....... Giving information to ACCC............................................................ 46

Part 12—Protection of airspace around airports                                             48

12.01..... Airports to which Part 12 of the Act applies..................................... 48

12.02..... Boundaries of airport site for Sydney West Airport.......................... 48

Schedule 1—Airport sites                                                                                     49

Part 1.1—Adelaide Airport                                                                                            49

Part 1.2—Alice Springs Airport                                                                                  50

Part 1.3—Archerfield Airport                                                                                     51

Part 1.4—Bankstown Airport                                                                                      52

Part 1.5—Brisbane Airport                                                                                           57

Part 1.6—Camden Airport                                                                                            58

Part 1.7—Canberra Airport                                                                                         59

Part 1.8—Darwin International Airport                                                               60

Part 1.9—Essendon Airport                                                                                          61

Part 1.10—Gold Coast Airport                                                                                   62

Part 1.11—Hobart International Airport                                                              63

Part 1.12—Jandakot Airport                                                                                        64

Part 1.13—Launceston Airport                                                                                   65

Part 1.14—Melbourne (Tullamarine) Airport                                                   66

Part 1.15—Moorabbin Airport                                                                                   68

Part 1.16—Mount Isa Airport                                                                                      69

Part 1.17—Parafield Airport                                                                                        70

Part 1.18—Perth Airport                                                                                                71

Part 1.19—Sydney (Kingsford‑Smith) Airport                                                 77

Part 1.19A—Sydney West Airport                                                                            80

Part 1.20—Tennant Creek Airport                                                                          83

Part 1.21—Townsville Airport                                                                                     84

Schedule 2—Records relevant to quality of service matters  85

Part 1—Definition for Part 2                                                                                        85

Part 2—Table                                                                                                                         86

Endnotes                                                                                                                                    90

Endnote 1—About the endnotes                                                                            90

Endnote 2—Abbreviation key                                                                                91

Endnote 3—Legislation history                                                                             92

Endnote 4—Amendment history                                                                           95

 


Part 1Preliminary

  

1.01  Name of regulations

                   These regulations are the Airports Regulations 1997.

1.02  Interpretation

                   In these Regulations:

Act means the Airports Act 1996.

Secretary means the Secretary to the Department.

SES employee has the meaning given by the Public Service Act 1999.

1.02A  Airport lease—joint‑user airport

                   For the definition of airport lease in section 5 of the Act, the leased area of a joint‑user airport is the area that is the airport site for the airport.

1.03  Airport sites

             (1)  For the definition of airport site in section 5 of the Act, each of the following places (to the extent that it is a Commonwealth place) is declared to be an airport site:

                     (a)  Adelaide Airport—that is, the place made up of the land described in Part 1.1 of Schedule 1;

                     (b)  Alice Springs Airport—that is, the place made up of the land described in Part 1.2 of Schedule 1;

                     (c)  Archerfield Airport—that is, the place made up of the land described in Part 1.3 of Schedule 1;

                     (d)  Bankstown Airport—that is, the place made up of the land described in Part 1.4 of Schedule 1;

                     (e)  Brisbane Airport—that is, the place made up of the land described in Part 1.5 of Schedule 1;

                      (f)  Camden Airport—that is, the place made up of the land described in Part 1.6 of Schedule 1;

                     (g)  Canberra Airport—that is, the place made up of the land described in Part 1.7 of Schedule 1;

                     (h)  Darwin International Airport—that is, the place made up of the land described in Part 1.8 of Schedule 1;

                      (i)  Essendon Airport—that is, the place made up of the land described in Part 1.9 of Schedule 1;

                      (j)  Gold Coast Airport—that is, the place made up of the land described in Part 1.10 of Schedule 1;

                     (k)  Hobart International Airport—that is, the place made up of the land described in Part 1.11 of Schedule 1;

                      (l)  Jandakot Airport—that is, the place made up of the land described in Part 1.12 of Schedule 1;

                    (m)  Launceston Airport—that is, the place made up of the land described in Part 1.13 of Schedule 1;

                     (n)  Melbourne (Tullamarine) Airport—that is, the place made up of the land described in Part 1.14 of Schedule 1;

                     (o)  Moorabbin Airport—that is, the place made up of the land described in Part 1.15 of Schedule 1;

                     (p)  Mount Isa Airport—that is, the place made up of the land described in Part 1.16 of Schedule 1;

                     (q)  Parafield Airport—that is, the place made up of the land described in Part 1.17 of Schedule 1;

                      (r)  Perth Airport—that is, the place made up of the land described in Part 1.18 of Schedule 1;

                      (s)  Sydney (Kingsford‑Smith) Airport—that is, the place made up of the land described in Part 1.19 of Schedule 1;

                    (sa)  Sydney West Airport—that is, the place made up of the land described in Part 1.19A of Schedule 1;

                      (t)  Tennant Creek Airport—that is, the place made up of the land described in Part 1.20 of Schedule 1;

                     (u)  Townsville Airport—that is, the place made up of the land described in Part 1.21 of Schedule 1.

             (2)  In Schedule 1:

                     (a)  a reference to land by the number of a certificate of title, or registered or deposited plan, is taken to continue to be a reference to the land if the certificate of title or plan is cancelled, replaced or consolidated with another certificate or plan, but the interest of the proprietor of the land remains unchanged; and

                     (b)  a reference to the Land Titles Office of a State or Territory is a reference to the authority (however described) that has the function of registering land titles under the law of the State or Territory.

1.04  Canberra Airport ceases to be joint user airport

                   For the purposes of the Act, Canberra Airport ceases to be a joint‑user airport when this regulation commences.

Part 2Leasing and management of airports

2.01  Interpretation

                   In this Part:

associate has the meaning given by clause 5 of the Schedule to the Act.

existing interest means an interest subject to which an airport lease was granted (because of section 26 of the Airports (Transitional) Act 1996).

licence means a licence relating to an airport lease, and includes a proposed licence relating to an airport lease.

licensee includes a person who has agreed to become a licensee under a proposed licence.

prostitution means the provision by a person to, or for, another person (whether or not the 2 persons are of different sexes) of sexual services for payment or reward.

sublease includes a proposed sublease.

sublessee includes a person who has agreed to become a sublessee under a proposed sublease.

terms includes conditions.

2.01A  Airports to which Part 2 of the Act applies

                   For paragraph 12(1)(b) of the Act, the following airports are specified:

                     (a)  Archerfield Airport;

                    (aa)  Bankstown Airport;

                   (ab)  Camden Airport;

                     (b)  Essendon Airport;

                     (c)  Jandakot Airport;

                     (d)  Moorabbin Airport;

                     (e)  Mount Isa Airport;

                      (f)  Parafield Airport;

                     (g)  Tennant Creek Airport.

2.02  Grounds for refusing to approve the transfer of an airport lease

                   For paragraph 24(3)(a) of the Act, the following grounds are specified:

                     (a)  that the proposed transferee does not have the financial strength and managerial capabilities necessary to:

                              (i)  operate and develop the airport over the remainder of the lease period; or

                             (ii)  provide high‑quality airport services consistently with the sound development of civil aviation;

                     (b)  that the proposed transfer would if it took place, be destructive of diversity in the ownership of Australian airports;

                     (c)  that if the proposed transfer takes place, the employees of the transferor company will be unfairly or inequitably treated, or their accrued benefits not preserved;

                     (d)  that the Minister is satisfied that the proposed transferee will not act responsibly in matters concerning the environment;

                     (e)  that the Minister is satisfied that that the proposed transferee will not be responsive to:

                              (i)  the needs of the region in which the airport is located; or

                             (ii)  the interests of airport users;

                      (f)  that the Minister is not satisfied that, on or before the day of the proposed transfer of the airport lease, the transferor has transferred, or will transfer, to the proposed transferee, the transferor’s rights, liabilities and obligations relating to the airport lease or airport site under all contracts, or other arrangements, between the Commonwealth and the transferor that are specified in a written notice given to the transferor by the Minister.

2.03  Grounds for refusing to approve an airport‑management agreement or variation of an agreement

             (1)  For paragraphs 33(4C)(a) and (4F)(a) of the Act, the matters are whether the agreement or the agreement as varied:

                     (a)  gives the airport‑lessee company an option to purchase the assets of the airport‑management company:

                              (i)  when the agreement is terminated; or

                             (ii)  if, under the Corporations Act 2001, the airport‑management company goes into liquidation or is wound up or if a liquidator is appointed (whether the liquidation is voluntary, provisional or otherwise and whether or not the liquidator is appointed provisionally or otherwise); and

                     (b)  provides that, if the airport lease is terminated for any reason, the Minister may direct that the Commonwealth, or a person nominated by the Minister, is taken to be substituted for the airport‑lessee company as a party to the agreement; and

                     (c)  provides that, if the airport lease is terminated for any reason, and if the Minister gives a direction referred to in paragraph (b), the agreement continues to have effect according to its terms, except that:

                              (i)  the Commonwealth or person nominated by the Minister is to be taken to be a party to the agreement in the place of the airport‑lessee company; and

                             (ii)  the Commonwealth or person nominated by the Minister is not liable under the agreement for liabilities arising before the Commonwealth or person is taken to have become a party to it; and

                            (iii)  the Commonwealth or person may terminate the agreement at any time, subject to the payment of fair and reasonable compensation; and

                     (d)  provides that the airport‑lessee company may not terminate the agreement unless it gives the Secretary written notice, at least 21 days before the intended date of the termination, of its intention to do so, and gives the Secretary any information that the Secretary reasonably requires about the termination; and

                     (e)  either:

                              (i)  provides that the airport‑lessee company may terminate the agreement only upon reasonable notice and for reasonable cause; or

                             (ii)  does not provide that the airport‑lessee company may terminate the agreement at any time without cause; and

                      (f)  provides for financial information to be given by the airport‑management company to the airport‑lessee company to enable the airport‑lessee company to comply with Part 7 of the Act (relating to accounts and reports).

             (2)  In paragraph (1)(a):

assets of an airport‑management company includes:

                     (a)  non‑fixed plant and equipment, vehicles, machinery, office equipment, or computer systems owned by the airport‑management company and used exclusively at, or in relation to, the airport concerned; and

                     (b)  any interest of the airport‑management company as lessee or bailee of equipment referred to in paragraph (a); and

                     (c)  any interest of the airport‑management company in a contract for the supply of goods and services for use at, or in relation to, the airport; and

                     (d)  any other tangible personal property of the airport‑management company used in connection with the management, operation or maintenance of the airport; and

                     (e)  any interest of the airport‑management company in intellectual property including computer software, or any right of the airport‑management company to use computer software, in connection with the management, operation or maintenance of the airport.

2.04  Prohibited kinds of subleases

             (1)  For subsection 34(1) of the Act, the following kinds of subleases of an airport lease are prohibited:

                     (a)  a sublease for a purpose inconsistent with the use as an airport of the airport site concerned, as set out in whichever of the following is applicable:

                              (i)  if there is a final master plan for the airport site—the final master plan;

                             (ii)  if the airport is Sydney West Airport, and Part 2 of an airport plan for the airport is in force—Part 2 of the airport plan;

                     (b)  a sublease of premises within the airport site for prostitution;

                     (c)  a sublease that is an airport‑management agreement within the meaning given by subsection 33(7) of the Act, unless the sublessee is a qualified company and has been approved by the Minister under paragraph 33(1)(a) of the Act.

             (2)  For subsection 34(1) of the Act, a sublease of any of the following kinds is prohibited unless the Secretary makes a declaration about the sublease under regulation 2.05:

                     (a)  a sublease to a sublessee that is not:

                              (i)  a constitutional corporation; or

                             (ii)  a bank other than a bank established or operated by a State or Territory; or

                            (iii)  the Commonwealth, or an authority of the Commonwealth;

                     (b)  a sublease for residential development;

                     (c)  a sublease to a person as trustee of a trust.

          (2A)  Despite paragraph (2)(a), a sublease to an individual is not prohibited if the sublease is for:

                     (a)  a single site retail business; or

                     (b)  a car parking bay.

             (3)  For subsection 34(1) of the Act, a sublease to a State or Territory government or authority is prohibited unless the Secretary approves the sublease under regulation 2.07.

             (4)  However, if a sublease was, at the time of grant of the relevant airport lease, an existing interest referred to in section 26 of the Airports (Transitional) Act 1996, subregulations (1), (2) and (3) apply to the sublease only if its terms are varied after the commencement of this regulation.

             (5)  If a sublease referred to in subregulation (4) is varied after the commencement of this regulation:

                     (a)  subregulation (1), (2) or (3) applies to it from the time of the variation; and

                     (b)  in the case of a sublease to which subregulation (2) applies—the sublease (as varied) is taken to be prohibited unless the Secretary makes a declaration under regulation 2.05 about the sublease (as varied); and

                     (c)  in the case of a sublease to which subregulation (3) applies—the sublease (as varied) is taken to be prohibited unless the Secretary approves the sublease (as varied) under regulation 2.07.

2.05  Secretary may declare that specified sublease not prohibited

             (1)  On application by the sublessee under a sublease to which subregulation 2.04(2) applies, the Secretary may declare, by instrument, that the subregulation does not prohibit the sublease.

             (2)  The Secretary must make a decision on the application within 30 days after the application is made.

             (3)  Before making a decision, the Secretary must be satisfied that, if the declaration is made, the sublease will not have the effect of frustrating the objects of the Act.

             (4)  In considering whether to make a declaration under subregulation (1), the Secretary must take into account:

                     (a)  the duration of the sublease; and

                     (b)  the size of the area subject to the sublease; and

                     (c)  the terms of the sublease.

             (5)  The Secretary must inform the applicant in writing of the decision within 7 days after making the decision, and must give the applicant:

                     (a)  if the Secretary made the declaration—a copy of the relevant instrument; or

                     (b)  if the Secretary refused to make the declaration—a statement of the reasons for the refusal.

             (6)  If the Secretary makes the declaration, section 34 of the Act is taken not to prohibit the sublease until the Secretary revokes the declaration under regulation 2.06.

2.06  Revocation of declaration

             (1)  If it appears that there has been a change in circumstances that justifies revoking a declaration under regulation 2.05, the Secretary may, by notice in writing, require the sublessee to demonstrate, within a specified reasonable time, that there has been no such change.

             (2)  The Secretary must revoke the declaration if he or she is satisfied that, after the change, the sublease has the effect of frustrating the objects of the Act.

             (3)  In deciding whether a change justifies revocation of the declaration, the Secretary must take into account the circumstances before and after the change, including any change in:

                     (a)  the duration of the sublease; and

                     (b)  the size of the area subject to the sublease; and

                     (c)  the terms of the sublease.

             (4)  If, after considering any evidence produced by the sublessee, the Secretary is satisfied that the declaration should be revoked, the Secretary may revoke the declaration.

             (5)  If the Secretary revokes the declaration, the Secretary must give the sublessee notice in writing of the revocation, and a statement of the reasons for the revocation.

             (6)  The revocation becomes effective 1 month after the notice is given to the sublessee.

2.07  Approval of sublease to State government etc

             (1)  The Secretary may, by instrument, approve a sublease for subregulation 2.04(3).

             (2)  In considering whether to approve a sublease, the Secretary must take into account:

                     (a)  whether the activity for which the sublease is granted, or proposed to be granted, is being or will be carried out on a fully commercial basis; and

                     (b)  whether the State or Territory government or authority has given a written undertaking to comply with the laws of the Commonwealth (including any applied State or Territory law); and

                     (c)  whether an obligation or restriction imposed by a law of the State or Territory will be inconsistent with the Act, these Regulations or the proposed sublease.

             (3)  The Secretary may approve a sublease to a class of State or Territory government authorities, or to a State or Territory government in relation to a class of functions of the government.

2.09  Mandatory terms in subleases

             (1)  For subsection 34B(1) of the Act, a sublease is required to contain terms of the following kinds:

                     (a)  a term to the effect that the sublease is automatically terminated upon the creation of an interest in the sublease in favour of a person (other than a qualified company that has been approved by the Minister under paragraph 33(1)(a) of the Act) that is, either alone or with 1 or more associates, in a position to exercise control over either or both of:

                              (i)  the operation of the whole, or a substantial part of, the airport concerned; or

                             (ii)  the direction to be taken in the development of the whole, or a substantial part of, the airport;

                     (b)  a term to the effect that any underlease of the sublease must contain a term to the same effect as that required by paragraph (a).

             (2)  However, if a sublease was, at the time of grant of the relevant airport lease, an existing interest referred to in section 26 of the Airports (Transitional) Act 1996, subregulation (1) applies to the sublease only if its terms are varied after the commencement of this subregulation.

2.10  Prohibition on dealings with subleases by way of trust etc

             (1)  For sections 34C and 34D of the Act, the sublessee of an airport lease must not:

                     (a)  dispose of the sublease by way of declaration of trust; or

                     (b)  transfer a beneficial interest in the sublease independently of the legal interest in the sublease (other than by way of enforcing a loan security).

             (2)  Subregulation (1) does not apply to a proposed dealing with a sublease if the Secretary has made a declaration under subregulation 2.11(2) about the dealing.

2.11  Secretary may declare that specified dealing with sublease not prohibited

             (1)  In this regulation:

deal with a sublease means:

                     (a)  dispose of the sublease by way of declaration of trust; or

                     (b)  transfer a beneficial interest in the sublease independently of the legal interest in the sublease (other than by way of enforcing a loan security).

             (2)  On application by a person who proposes to deal with a sublease, the Secretary may declare, by instrument, that regulation 2.10 does not prohibit the proposed dealing.

             (3)  The Secretary must make a decision on the application within 30 days after the application is made.

             (4)  In considering whether to make a declaration under subregulation (2), the Secretary must take into account:

                     (a)  the duration of the sublease; and

                     (b)  the size of the area subject to the sublease; and

                     (c)  the terms of the proposed dealing.

             (5)  Before making a declaration under subregulation (2), the Secretary must be satisfied that the dealing, if made, will not frustrate the objects of the Act.

             (6)  The Secretary must inform the applicant within 7 days after making a decision on the application, and must give the applicant:

                     (a)  if the Secretary made the declaration—a copy of the relevant instrument; or

                     (b)  if the Secretary refused to make the declaration—a statement of the reasons for the refusal.

             (7)  If the Secretary makes the declaration, sections 34C and 34D of the Act are taken not to prohibit the dealing.

2.12  Prohibited kinds of licences

             (1)  For subsection 35(1) of the Act, the following kinds of licences are prohibited:

                     (a)  a licence for a purpose inconsistent with the use as an airport of the airport site concerned, as set out in whichever of the following is applicable:

                              (i)  if there is a final master plan for the airport site—the final master plan;

                             (ii)  if the airport is Sydney West Airport, and Part 2 of an airport plan for the airport is in force—Part 2 of the airport plan;

                     (b)  a licence of premises within the airport site for prostitution;

                     (c)  a licence that is an airport‑management agreement within the meaning given by subsection 33(7) of the Act, unless the licensee is a qualified company and has been approved by the Minister under paragraph 33(1)(a) of the Act.

             (2)  For subsection 35(1) of the Act, a licence of any of the following kinds is prohibited unless the Secretary makes a declaration about the licence under regulation 2.13:

                     (a)  a licence to a licensee that is not:

                              (i)  a constitutional corporation; or

                             (ii)  a bank other than a bank established or operated by a State or Territory; or

                            (iii)  the Commonwealth, or an authority of the Commonwealth;

                     (b)  a licence for residential development;

                     (c)  a licence to a person as trustee of a trust.

          (2A)  Despite paragraph (2)(a), a licence to an individual is not prohibited if the licence is for:

                     (a)  a single site retail business; or

                     (b)  a car parking bay.

             (3)  For subsection 35(1) of the Act, a licence to a State or Territory government or authority is prohibited unless the Secretary approves the licence under regulation 2.15.

             (4)  However, if a licence was, at the time of grant of the relevant airport lease, an existing interest referred to in section 26 of the Airports (Transitional) Act 1996, subregulations (1), (2) and (3) apply to the licence only if its terms are varied after the commencement of this regulation.

             (5)  If a licence referred to in subregulation (4) is varied after the commencement of this regulation:

                     (a)  subregulation (1), (2) or (3) applies to it from the time of the variation; and

                     (b)  in the case of a licence to which subregulation (2) applies—the licence (as varied) is taken to be prohibited unless the Secretary makes a declaration under regulation 2.13 about the licence (as varied); and

                     (c)  in the case of a licence to which subregulation (3) applies—the licence (as varied) is taken to be prohibited unless the Secretary approves the licence (as varied) under regulation 2.15.

2.13  Secretary may declare that specified licence not prohibited

             (1)  On application by the licensee under a licence to which subregulation 2.12(2) applies, the Secretary may declare, by instrument, that the subregulation does not prohibit the proposed licence.

             (2)  The Secretary must make a decision on the application within 30 days after the application is made.

             (3)  In considering whether to make a declaration under subregulation (1), the Secretary must take into account:

                     (a)  the duration of the licence; and

                     (b)  the size of the area to be subject to the licence; and

                     (c)  the terms of the licence.

             (4)  Before making a decision, the Secretary must be satisfied that, if the declaration is made, the licence will not have the effect of frustrating the objects of the Act.

             (5)  The Secretary must inform the applicant of the decision within 7  days after making the decision, and must give the applicant:

                     (a)  if the Secretary made the declaration—a copy of the relevant instrument; or

                     (b)  if the Secretary refused to make the declaration—a statement of the reasons for the refusal.

             (6)  If the Secretary makes the declaration, section 35 of the Act is taken not to prohibit the licence until the Secretary revokes the declaration under regulation 2.14.

2.14  Revocation of declaration

             (1)  If it appears that there has been a change in circumstances that justifies revoking a declaration under regulation 2.13, the Secretary may, by notice in writing, require the sublessee to demonstrate, within a specified reasonable time, that there has been no such change.

             (2)  The Secretary must revoke the declaration if he or she is satisfied that, after the change, the licence has the effect of frustrating the objects of the Act.

             (3)  In deciding whether a change justifies revocation of the declaration, the Secretary must take into account the circumstances before and after the change, including any change in:

                     (a)  the duration of the licence; and

                     (b)  the size of the area subject to the licence; and

                     (c)  the terms of the licence.

             (4)  If, after considering any evidence produced by the sublessee, the Secretary is satisfied that the declaration should be revoked, the Secretary must revoke the declaration.

             (5)  If the Secretary revokes the declaration, the Secretary must give the licensee notice in writing of the revocation, and a statement of the reasons for the revocation.

             (6)  The revocation becomes effective 1 month after the notice is given to the licensee.

2.15  Approval of licence to State government etc

             (1)  The Secretary may, by instrument, approve a licence for subregulation 2.12(3).

             (2)  In considering whether to approve the licence, the Secretary must take into account:

                     (a)  whether the activity for which the licence is granted, or proposed to be granted, is being or will be carried out on a fully commercial basis; and

                     (b)  whether the State or Territory government or authority has given a written undertaking to comply with the laws of the Commonwealth (including any applied State or Territory law); and

                     (c)  whether an obligation or restriction imposed by a law of the State or Territory will be inconsistent with the Act, these Regulations or the proposed licence.

             (3)  The Secretary may approve a licence to a class of State or Territory government authorities, or to a State or Territory government in relation to a class of functions of the government.

2.17  Mandatory terms in licences

             (1)  For subsection 35B(1) of the Act, a licence relating to an airport lease is required to contain terms of the following kinds:

                     (a)  a term to the effect that the licence is automatically terminated upon the creation of an interest in the licence in favour of a person who is, either alone or with 1 or more associates, in a position to exercise control over either or both of:

                              (i)  the operation of the whole, or a substantial part of, the airport concerned; or

                             (ii)  the direction to be taken in the development of the whole, or a substantial part of, the airport;

                     (b)  a term to the effect that any further licence of the licence must contain a term to the same effect as that required by paragraph (a).

             (2)  However, if a licence was, at the time of grant of the relevant airport lease, an existing interest referred to in section 26 of the Airports (Transitional) Act 1996, subregulation (1) applies to the licence only if its terms are varied after the commencement of this subregulation.

2.18  Prohibition on dealings with licences by way of trust etc

             (1)  For sections 35C and 35D of the Act, the holder of a licence relating to an airport lease must not:

                     (a)  dispose of the licence by way of declaration of trust; or

                     (b)  transfer a beneficial interest in the licence otherwise than by way of enforcing a loan security.

             (2)  Subregulation (1) does not apply to a proposed dealing with a licence if the Secretary has made a declaration under subregulation 2.19(2) about the dealing.

2.19  Secretary may declare that specified dealing with licence not prohibited

             (1)  In this regulation:

deal with a licence means:

                     (a)  dispose of the licence by way of declaration of trust; or

                     (b)  transfer a beneficial interest in the licence otherwise than by way of enforcing a loan security.

             (2)  On application by a person who proposes to deal with a licence, the Secretary may declare, by instrument, that regulation 2.18 does not prohibit the proposed dealing.

             (3)  The Secretary must make a decision on the application within 30 days after the application is made.

             (4)  In considering whether to make a declaration under subregulation (2), the Secretary must take into account:

                     (a)  the duration of the licence; and

                     (b)  the size of the area subject to the licence; and

                     (c)  the terms of the proposed dealing.

             (5)  Before making a declaration under subregulation (2), the Secretary must be satisfied that the dealing, if made, will not frustrate the objects of the Act.

             (6)  The Secretary must inform the applicant within 7 days after making a decision on the application, and must give the applicant:

                     (a)  if the Secretary made the declaration—a copy of the relevant instrument; or

                     (b)  if the Secretary refused to make the declaration—a statement of the reasons for the refusal.

             (7)  If the Secretary makes the declaration, sections 35C and 35D of the Act are taken not to prohibit the dealing.

2.20  AAT review of decisions

                   Application may be made under the Administrative Appeals Tribunal Act 1975 to the Administrative Appeals Tribunal for review of a decision of the Secretary or a delegate of the Secretary:

                     (a)  not to make a declaration under subregulation 2.05(1); or

                     (b)  under subregulation 2.06(4), to revoke a declaration made under subregulation 2.05(1); or

                     (c)  under paragraph 2.07(1), not to approve a sublease to a State or Territory government, or an authority of a State or Territory government; or

                     (d)  under subregulation 2.11(2), not to make a declaration about a proposed dealing with a sublease; or

                     (e)  not to make a declaration under subregulation 2.13(1); or

                      (f)  under subregulation 2.14(4), to revoke a declaration made under subregulation 2.13(1); or

                     (g)  under paragraph 2.15(1), not to approve a licence to a State or Territory government, or an authority of a State or Territory government; or

                     (h)  under subregulation 2.19(2), not to make a declaration about a proposed dealing with a licence.

2.21  Delegation

                   The Secretary may, by instrument, delegate to an SES employee performing duties in the Department any of the Secretary’s powers under this Part, other than this power of delegation.

Part 3Ownership of airports

Division 3.1If unacceptable foreign‑ownership situation exists

3.01  Minister to give notice before applying to Court

             (1)  If the Minister forms the opinion that an unacceptable foreign‑ownership situation may exist in relation to an airport‑operator company, the Minister must give the company notice in writing before making an application to the Federal Court under subsection 43(1) of the Act in relation to the company.

             (2)  The notice may:

                     (a)  state that the Minister has formed the opinion that an unacceptable foreign‑ownership situation may exist in relation to the company; and

                     (b)  require the company to provide the Minister with evidence that establishes, to the Minister’s reasonable satisfaction, that an unacceptable foreign‑ownership situation does not exist in relation to the company; and

                     (c)  state that, unless the company provides the Minister, within 180 days after the date of the notice, with evidence that an unacceptable foreign‑ownership situation does not exist, the Minister may apply to the Federal Court for an order under subsection 43(1) of the Act; and

                     (d)  state that, if the Minister makes that application, the Minister will seek an order from the Court directing the company to pay the costs of the application.

3.02  Airport‑operator company’s obligations not affected

             (1)  Nothing in regulation 3.01 affects an airport‑operator company’s obligation under subsection 42(1) of the Act.

Note:          That is, its obligation to take all reasonable steps to ensure that an unacceptable foreign‑ownership situation does not exist in relation to the company. Unacceptable foreign‑ownership situation is defined in section 40 of the Act.

             (2)  Nothing in that regulation prevents the prosecution of an airport‑operator company for a breach of that obligation, whether or not the Minister has given notice to the company under regulation 3.01, and (if such notice has been given to the company) whether or not the time allowed in the notice has expired.

Division 3.2Record‑keeping and reporting

3.20  Meaning of certain terms

             (1)  In this Division:

details of a person means:

                     (a)  if the person is an individual:

                              (i)  the individual’s name; and

                             (ii)  the address of his or her usual residence; and

                            (iii)  his or her citizenship, or (if he or she claims more than 1 citizenship), each citizenship that he or she claims; and

                     (b)  if the person is a corporation:

                              (i)  the corporation’s name; and

                             (ii)  the place in which it is incorporated; and

                            (iii)  the address of its registered office or principal office; and

                     (c)  if the person is a foreign government body:

                              (i)  its name, or the name of the foreign government of which it is an entity; and

                             (ii)  the address of its principal office.

             (2)  A reference to a pair of companies is a reference to a pair of companies set out in the table following section 49 of the Act.

             (3)  A term that is used in both this Division and Part 3 of the Act has the same meaning in this Division as in that Part.

Note:          Certain terms used in this Division and Part 3 of the Act are defined in the Schedule to the Act.

3.21  Relationship with Corporations Act 2001

                   To avoid doubt, it is declared that the requirements of this Division are in addition to, and not in substitution for, the requirements of the Corporations Act 2001.

3.22  Airport‑operator company to keep register

             (1)  For section 60 of the Act, an airport‑operator company must keep a register of:

                     (a)  any stake in the company that is held by a foreign person; and

                     (b)  any stake in the company that is held by an airline; and

                     (c)  if the company is a member of a pair of companies:

                              (i)  any stake in the company that is held by the other member of the pair; and

                             (ii)  any stake in the company that is held by a person that holds a stake in the other member of the pair; and

                            (iii)  any stake that the company holds in the other member of the pair.

             (2)  The register must record, for each stake:

                     (a)  in the case of a stake that is composed of a direct control interest held by only 1 person:

                              (i)  the amount of the interest; and

                             (ii)  what type of interest it is; and

                            (iii)  details of the person that holds the interest; and

                     (b)  in the case of a stake that is composed of direct control interests held by 2 or more persons—the information specified in subparagraphs (a)(i), (ii) and (iii) about each of those interests.

Note 1:       A person’s stake of a particular type in an airport‑operator company includes both the person’s direct control interest in the company and any direct control interests held by the person’s associates—see clauses 5, 11 and 12 of the Schedule to the Act.

Note 2:       For the meaning of details of a person, see regulation 3.20.

             (3)  The register must be indexed in a way that allows the aggregate of stakes of a particular type, or held by a particular class of person, to be readily worked out.

Note:          An airport‑operator company that fails to comply with this regulation commits an offence against subsection 60(4) of the Act.  That subsection provides for a penalty of 50 penalty units for each such offence.  Strict liability applies to the physical element that the person is required to keep and retain records and to give information under subsection 60(1) of the Act.  For strict liability, see section 6.1 of the Criminal Code.

3.23  Airport‑operator company to make return

             (1)  In this regulation:

reporting period means:

                     (a)  in the case of an airport‑operator company that is an airport‑lessee company for an airport:

                              (i)  the period of 12 months commencing on the day on which the company became the airport‑lessee company for the airport; and

                             (ii)  each subsequent period of 12 months; and

                     (b)  in the case of an airport‑operator company that is an airport‑management company for an airport:

                              (i)  the period of 12 months commencing on the day on which the company became the airport‑management company for the airport; and

                             (ii)  each subsequent period of 12 months.

             (2)  For section 60 of the Act and for each reporting period, an airport‑operator company must give the Minister information relevant to an ownership matter that concerns the company in the form of:

                     (a)  a declaration stating whether, in the opinion of the directors:

                              (i)  an unacceptable foreign‑ownership situation existed in relation to the company at any time during the reporting period; and

                             (ii)  an unacceptable airline‑ownership situation existed in relation to the company at any time during the reporting period; and

                            (iii)  if the company is a member of a pair of companies—an unacceptable cross‑ownership situation existed in relation to the pair at any time during the reporting period; and

                     (b)  a written return giving the information specified in subregulation (3).

Note:          An airport‑operator company that fails to comply with this regulation commits an offence against subsection 60(4) of the Act. That subsection provides for a penalty of 50 penalty units for each such offence. Strict liability applies to the physical element that the person is required to keep and retain records and to give information under subsection 60(1) of the Act. For strict liability, see section 6.1 of the Criminal Code.

       (2AA)  The airport‑operator company must comply with subregulation (2) in relation to a reporting period:

                     (a)  within 30 business days after the end of the reporting period; or

                     (b)  within any further period allowed by the Minister under subregulation (2C).

          (2A)  An airport‑operator company may, in writing, ask the Minister for more than 30 business days to give the Minister the declaration or written return required under subregulation (2).

          (2B)  The request must specify the number of additional days required.

          (2C)  The Minister may, in writing, on his or her own initiative
or on a written request by an airport‑operator company, allow the airport‑operator company more than 30 business days to give a declaration or written return as required under subregulation (2).

             (3)  The information is:

                     (a)  if a foreign person holds a stake, of a particular type, of more than 5% in the company—the amount of the stake, what type of stake it is, and details of the person that holds it; and

                     (b)  the aggregate of all stakes of a particular kind held by foreign persons; and

                     (c)  if a stake in the company is held by an airline—details of the airline and the amount and type of the stake; and

                     (d)  if a person holds a stake, of a particular type, of more than 10% in the company—details of the person, and the amount and type of the stake; and 

                     (e)  if the company is a member of a pair of companies:

                              (i)  the amount and type of any stake in the company held by the other member of the pair; and

                             (ii)  the amount and type of any stake in the company held by a person who also holds a stake in the other member of the pair; and

                             (ii)  the amount and type of any stake held by the company in the other member of the pair; and

                      (f)  the location of the place where the central management and control of the company is ordinarily exercised; and

                     (g)  details of any person who is in a position to exercise control over the company, or in accordance with whose directions the directors of the company are accustomed to act; and

                     (h)  details of each of the directors of the company.

Note 1:       A person’s stake of a particular type in an airport‑operator company includes both the person’s direct control interest in the company and any direct control interests held by the person’s associates—see clauses 5, 11 and 12 of the Schedule to the Act.

Note 2:       For the meaning of details of a person, see regulation 3.20.

             (4)  The declaration and the return must be signed by a director of the company, and verified by statutory declaration by a director of the company.

             (5)  The declaration and the return must be approved by the directors of the company by resolution.

             (6)  When the company gives the declaration and the return to the Minister, the company must also give the Minister a copy of the resolution.

3.24  Minister may request information

             (1)  For section 60 of the Act, the Minister may, by written notice given to an airport‑operator company, require the company to give the Minister, within any period and in the manner specified in the notice, specified information about:

                     (a)  an ownership matter relating to the company; or

                     (b)  the location of the place where the central management and control of the company is ordinarily exercised; or

                     (c)  details of a director of the company.

             (2)  If a period is specified in a notice as the period within which the information must be given to the Minister, the period must be at least 14 days.

             (3)  If no period within which the information must be given to the Minister is specified in the notice, the information must be given to the Minister within 14 days of the date of the notice.

             (4)  An airport‑operator company must comply with a notice under subregulation (1).

Note:          An airport‑operator company that fails to comply with this regulation commits an offence against subsection 60(4) of the Act.  That subsection provides for a penalty of 50 penalty units for each such offence.  Strict liability applies to the physical element that the person is required to keep and retain records and to give information under subsection 60(1) of the Act.  For strict liability, see section 6.1 of the Criminal Code.

3.25  Minister may request copy of the register

             (1)  For section 60 of the Act, the Minister may, by written notice given to an airport‑operator company, require the company to produce to the Minister, within any period and in the manner specified in the notice, a copy of the register kept by the company under regulation 3.22.

             (2)  If a period is specified in a notice as the period within which the copy must be produced to the Minister, the period must be at least 14 days.

             (3)  If no period within which the information must be given to the Minister is specified in the notice, the copy must be produced to the Minister within 14 days of the date of the notice.

             (4)  An airport‑operator company must comply with a notice under subregulation (1).

Note:          An airport‑operator company that fails to comply with this regulation commits an offence against subsection 60(4) of the Act.  That subsection provides for a penalty of 50 penalty units for each such offence.  Strict liability applies to the physical element that the person is required to keep and retain records and to give information under subsection 60(1) of the Act.  For strict liability, see section 6.1 of the Criminal Code.

3.26  Company must inform Minister in certain circumstances

             (1)  For section 60 of the Act, an airport‑operator company must give the Minister notice in writing if it has reason to believe that:

                     (a)  an unacceptable foreign‑ownership situation, an unacceptable airline‑ownership situation or an unacceptable cross‑ownership situation exists in relation to the company; or

                     (b)  the central management and control of the company is no longer being exercised at a place in Australia; or

                     (c)  a majority of the company’s directors are no longer Australian citizens or persons ordinarily resident in Australia.

             (2)  The notice must set out what steps the company has taken, or will take, to establish whether a state of affairs mentioned in paragraph (1)(a), (b) or (c) exists, and what steps it will take to remedy such a state, if it exists.

Note:          An airport‑operator company that fails to comply with this regulation commits an offence against subsection 60(4) of the Act.  That subsection provides for a penalty of 50 penalty units for each such offence.  Strict liability applies to the physical element that the person is required to keep and retain records and to give information under subsection 60(1) of the Act.  For strict liability, see section 6.1 of the Criminal Code.

3.26A  Person must give information relevant to ownership matter to airport‑operator company

             (1)  For paragraph 60(1)(c) of the Act, a person must give information to an airport‑operator company if:

                     (a)  the information is relevant to an ownership matter that concerns the company; and

                     (b)  the airport‑operator company has requested the person to provide the information; and

                     (c)  the request specifies the kind of information the person is to provide.

             (2)  The request must specify a period of at least 14 days within which the information must be given to the airport‑operator company.

             (3)  The person must provide the information in a statutory declaration.

Note:          Ownership matter is defined in subsection 60(6) of the Act.

3.27  Delegation

                   The Minister may, by instrument, delegate any of his or her powers (other than this power of delegation) under this Division to:

                     (a)  the Secretary; or

                     (b)  an SES employee performing duties in the Department.

Part 5Land use, planning and building controls

  

5.01  Interpretation

                   In this Part:

site of indigenous significance means a site that has value:

                     (a)  of customary significance to Aboriginal or Torres Strait Islander people; or

                     (b)  of significance to the anthropological or archaeological understanding of Australian aboriginal history and society.

Transitional Act  means the Airports (Transitional) Act 1996.

5.01A  Airports to which Part 5 of the Act applies

                   For paragraph 68(1)(b) of the Act, the following airports are specified:

                     (a)  Archerfield Airport;

                    (aa)  Bankstown Airport;

                   (ab)  Camden Airport;

                     (b)  Essendon Airport;

                     (c)  Jandakot Airport;

                     (d)  Moorabbin Airport;

                     (e)  Parafield Airport.

5.02  Contents of draft or final master plan—general

             (1)  For paragraphs 71(2)(j) and (3)(j) of the Act, the following matters are specified:

                     (a)  any change to the OLS or PANS‑OPS surfaces for the airport concerned that is likely to result if development proceeds in accordance with the master plan;

                     (b)  for an area of an airport where a change of use of a kind described in subregulation 6.07(2) of the Airports (Environment Protection) Regulations 1997 is proposed:

                              (i)  the contents of the report of any examination of the area carried out under regulation 6.09 of those Regulations; and

                             (ii)  the airport‑lessee company’s plans for dealing with any soil pollution referred to in the report.

             (2)  For section 71 of the Act, an airport master plan must, in relation to the landside part of the airport, where possible, describe proposals for land use and related planning, zoning or development in an amount of detail equivalent to that required by, and using terminology (including definitions) consistent with that applying in, land use planning, zoning and development legislation in force in the State or Territory in which the airport is located.

             (3)  For subsection 71(5) of the Act, a draft or final master plan must:

                     (a)  address any obligation that has passed to the relevant airport‑lessee company under subsection 22(2) of the Act or subsection 26(2) of the Transitional Act; and

                     (b)  address any interest to which the relevant airport lease is subject under subsection 22(3) of the Act, or subsection 26(3) of the Transitional Act.

             (4)  In subregulation (1):

OLS and PANS‑OPS surface have the same meanings as in the Airports (Protection of Airspace) Regulations.

5.02A  Contents of draft or final master plan—matters to be specified in environment strategy

             (1)  For subparagraphs 71(2)(h)(ix) and (3)(h)(ix) of the Act, the matters in this regulation must be specified in an environment strategy.

             (2)  The environment strategy must specify any areas within the airport site to which the strategy applies that the airport‑lessee company for the airport has identified as being a site of indigenous significance, following consultation with:

                     (a)  any relevant indigenous communities and organisations; and

                     (b)  any relevant Commonwealth or State body.

             (3)  The environment strategy must specify the airport‑lessee company’s strategy for environmental management of areas of the airport site that are, or could be, used for a purpose that is not connected with airport operations.

             (4)  The environment strategy must specify:

                     (a)  the training necessary for appropriate environment management by persons, or classes of persons, employed on the airport site by the airport‑lessee company or by other major employers; and

                     (b)  the training programs, of which the airport‑lessee company is aware, that it considers would meet the training needs of a person mentioned in paragraph (a).

5.02B  Contents of draft or final master plan—things to be addressed in environment strategy

             (1)  For subsection 71(5) of the Act, a draft or final master plan must address the things in this regulation.

             (2)  In specifying its objectives for the airport under subparagraph 71(2)(h)(i) or (3)(h)(i) of the Act, an airport‑lessee company must address its policies and targets for:

                     (a)  continuous improvement in the environmental consequences of activities at the airport; and

                     (b)  progressive reduction in extant pollution at the airport; and

                     (c)  development and adoption of a comprehensive environmental management system for the airport that maintains consistency with relevant Australian and international standards; and

                     (d)  identification, and conservation, by the airport‑lessee company and other operators of undertakings at the airport, of objects and matters at the airport that have natural, indigenous or heritage value; and

                     (e)  involvement of the local community and airport users in development of any future strategy; and

                      (f)  dissemination of the strategy to sub‑lessees, licensees, other airport users and the local community.

             (3)  In specifying under subparagraph 71(2)(h)(ii) or (3)(h)(ii) of the Act, the areas within the airport site it identifies as environmentally significant, an airport‑lessee company must address:

                     (a)  any relevant recommendation of the Australian Heritage Council; and

                     (b)  any relevant recommendation of the Department of Environment regarding biota, habitat, heritage or similar matters; and

                     (c)  any relevant recommendation of a body established in the State in which the airport is located, having responsibilities in relation to conservation of biota, habitat, heritage or similar matters.

             (4)  In specifying the sources of environmental impact under subparagraph 71(2)(h)(iii) or (3)(h)(iii) of the Act, an airport‑lessee company must address:

                     (a)  the quality of air at the airport site, and in so much of the regional airshed as is reasonably likely to be affected by airport activities; and

                     (b)  water quality, including potentially affected groundwater, estuarine waters and marine waters; and

                     (c)  soil quality, including that of land known to be already contaminated; and

                     (d)  release, into the air, of substances that deplete stratospheric ozone; and

                     (e)  generation and handling of hazardous waste and any other kind of waste; and

                      (f)  usage of natural resources (whether renewable or non‑renewable); and

                     (g)  usage of energy the production of which generates emissions of gases known as ‘greenhouse gases’; and

                     (h)  generation of noise.

             (5)  In specifying under subparagraph 71(2)(h)(iv) or (3)(h)(iv) of the Act the studies, reviews and monitoring that it plans to carry out, an airport‑lessee company must address:

                     (a)  the matters mentioned in subregulation 5.02A(2) and subregulations 5.02B(3) and (4); and

                     (b)  the scope, identified by the airport‑lessee company, for conservation of objects and matters at the airport that have natural, indigenous or heritage value; and

                     (c)  the approaches and measures identified by the airport‑lessee company as its preferred conservation approaches and measures; and

                     (d)  the professional qualifications that must be held by a person carrying out the monitoring; and

                     (e)  the proposed systems of testing, measuring and sampling to be carried out for possible, or suspected, pollution or excessive noise; and

                      (f)  the proposed frequency of routine reporting of monitoring results to the airport environment officer (if any) for the airport, or to the Secretary.

             (6)  In specifying under subparagraph 71(2)(h)(vi) or(3)(h)(vi) of the Act, the measures that it plans to carry out for the purposes of preventing, controlling or reducing environmental impact, an airport‑lessee company must address:

                     (a)  the matters mentioned in subregulations (2) to (4); and

                     (b)  the means by which it proposes to achieve the cooperation of other operators of undertakings at the airport in carrying out those plans.

             (7)  An airport‑lessee company, in specifying the company’s strategy for environmental management under subregulation 5.02A(3), must address the matters in subregulations (2) to (6).

             (8)  In this regulation:

Department of Environment means the Department administered by the Minister responsible for administering the Environment Protection and Biodiversity Conservation Act 1999.

5.03  Developments exempt from Division 4 of Part 5 of the Act

             (1)  For paragraphs 90(1)(d) and (4)(d) of the Act, a major airport development that is the subject of written permission or approval (however described) of the Federal Airports Corporation when it was the operator of the airport concerned, is exempt from Division 4 of Part 5 of the Act.

             (2)  If a development referred to in subregulation (1) was approved subject to a condition, and the condition is not inconsistent with the Act or these Regulations, that condition is taken to continue to apply to the development.

5.04  Contents of major development plan

                   For subsection 91(3) of the Act, a major development plan must address the obligations of the airport‑lessee company as sublessor under any sublease of the airport site concerned, and the rights of the sublessee under any such sublease, including:

                     (a)  any obligation that has passed to the relevant airport‑lessee company under subsection 22(2) of the Act or subsection 26(2) of the Transitional Act; or

                     (b)  any interest to which the relevant airport lease is subject under subsection 22(3) of the Act, or subsection 26(3) of the Transitional Act.

5.05  Meaning of development—prescribed activities

                   For paragraph 96M(c) of the Act, the following activities are prescribed:

                     (a)  the disinterment of remains;

                     (b)  activities related to such disinterment.

Part 7Accounts and reports of airport‑operator companies

  

7.01  Application of Part

             (1)  The requirements of this Part apply to an airport‑operator company:

                     (a)  whether or not the company is a disclosing entity for the purposes of the Corporations Act 2001; and

                     (b)  whether or not the company is exempt under that Act (whether the exemption is by regulation or because of an exemption by the Australian Securities and Investments Commission) from compliance with Chapter 2M of that Act.

Note:          For disclosing entity, see section 111AC of the Corporations Act 2001.

             (2)  To avoid doubt, nothing in this Part:

                     (a)  requires an airport‑operator company to prepare, for the purposes of these Regulations, reports in respect of a half‑year (within the meaning given by subsection 323D(5) of the Corporations Act 2001) unless the half‑year is the whole period during which the company was an airport‑operator company; or

                     (b)  affects a company’s obligations under any other law.

7.02  Interpretation

                   In this Part:

aeronautical services and facilities has the meaning given by regulation 7.02A.

directors’ report means a directors’ report that meets the requirements of Part 2M.3 of the Corporations Act 2001.

financial records has the meaning given by section 9 of the Corporations Act 2001.

financial report has the meaning given by section 9 of the Corporations Act 2001.

financial statements has the meaning given by section 9 of the Corporations Act 2001.

non‑aeronautical services and facilities means services and facilities provided at an airport that are not aeronautical services and facilities.

specified airport means an airport specified by regulation 7.02B.

7.02A  Meaning of aeronautical services and facilities

             (1)  For this Part, aeronautical services and facilities means those services and facilities at an airport that are necessary for the operation and maintenance of civil aviation at the airport, and includes each service or facility that is :

                     (a)  mentioned in an item in Table 1 (aircraft‑related); or

                     (b)  mentioned in an item in Table 2 (passenger‑related).

Table 1—Aircraft‑related services and facilities

 

Item

Services and facilities

1

Runways, taxiways, aprons, airside roads and airside grounds

2

Airfield and airside lighting

3

Aircraft parking sites

4

Ground handling (including equipment storage and refuelling)

5

Aircraft refuelling (including a system of fixed storage tanks, pipelines and hydrant distribution equipment known as a Joint User Hydrant Installation or JUHI)

6

Airside freight handling and staging areas essential for aircraft loading and unloading

7

Navigation on an airfield (including nose‑in guidance systems and other visual navigation aids)

8

Airside safety and security services and facilities (including rescue and fire‑fighting services and perimeter fencing)

9

Environmental hazard control

10

Services and facilities to ensure compliance with environmental laws

11

Sites and buildings used for light or emergency aircraft maintenance

Table 2—Passenger‑related services and facilities

 

Item

Services and facilities

1

Public areas in terminals, public amenities, lifts, escalators and moving walkways

2

Necessary departure and holding lounges, and related facilities

3

Aerobridges and buses used in airside areas

4

Flight information and public‑address systems

5

Facilities to enable the processing of passengers through customs, immigration and quarantine

6

Check‑in counters and related facilities (including any associated queuing areas)

7

Terminal access roads and facilities in landside areas (including lighting and covered walkways)

8

Security systems and services (including closed circuit surveillance systems)

9

Baggage make‑up, handling and reclaiming facilities

10

Space and facilities, whether in landside or airside areas, that are necessary for the efficient handling of arriving and departing aircraft (eg airline crew‑rooms and airline operations centres)

             (2)  In this regulation, airside area and landside area have the respective meanings given in section 9 of the Aviation Transport Security Act 2004.

             (3)  To avoid doubt, aeronautical services and facilities does not include services or facilities:

                     (a)  relating to the provision of a high‑quality service to certain passengers; or

                     (b)  that are not necessary for the efficient operation of civil aviation.

7.02B  Specified airports (Act s 140)

                   For paragraph 140(1)(a) of the Act, the following airports are specified:

                     (b)  Brisbane Airport;

                     (c)  Melbourne (Tullamarine) Airport;

                     (d)  Perth Airport;

                     (e)  Sydney (Kingsford‑Smith) Airport;

                      (f)  Sydney West Airport.

7.03  Preparation of accounts and reports

             (1)  This regulation is made for subsection 141(2) and section 145 of the Act.

             (2)  An airport‑operator company for a specified airport must, for its operations at the airport, prepare the following:

                     (a)  a financial report;

                     (b)  a directors’ report.

             (3)  The reports required under subregulation (2) are in addition to any report prepared under the Corporations Act 2001, and must not be consolidated with those of any other company.

             (4)  An airport‑operator company that is an airport‑lessee company for a specified airport must also, for the airport, prepare:

                     (a)  a consolidated financial report in accordance with the accounting standards made for the purposes of the Corporations Act 2001; and

                     (b)  a directors’ report;

     for itself and all airport‑management companies for the          airport, as if those airport‑management companies were    subsidiaries of the airport‑lessee company.

             (5)  The financial report required under paragraphs (2)(a) and (4)(a) must separately show the costs (including the costs associated with the maintenance and repair) and revenue in relation to the provision and use of:

                     (a)  aeronautical services and facilities; and

                     (b)  non‑aeronautical services and facilities.

             (6)  For subregulation (5), the costs and revenue for the provision and use of aeronautical services and facilities for an airport‑operator company that is an airport‑lessee company must include those recovered directly or indirectly from airlines (such as fuel throughput levies recovered through third party suppliers).

             (7)  The consolidated financial report of an airport‑operator company that is an airport‑lessee company is not required to include details about a passenger‑related service or facility if the premises are leased, and the lease was in force when the airport lease was granted to the airport‑lessee company.

7.05  Auditor’s certificate

             (1)  For subsection 142(5) of the Act, 90 days is prescribed.

Note:          This is the period (after the end of an accounting period) within which the auditor of an airport‑operator company must give the company a certificate relating to the company’s accounts.

             (2)  For subsection 142(5) of the Act, an auditor’s certificate must set out:

                     (a)  whether, in the auditor’s opinion:

                              (i)  the company concerned has kept financial records sufficient to enable financial statements to be prepared and audited; and

                             (ii)  the auditor has been given all information, explanation and assistance necessary to carry out the audit; and

                     (b)  whether, in the auditor’s opinion, the reports prepared for regulation 7.03 of the company concerned:

                              (i)  comply with the Act and these Regulations and the relevant accounting standards; and

                             (ii)  give a true and fair view of the company’s operations; and

                     (c)  if the auditor considers that the reports prepared for regulation 7.03 do not comply with the Act or these Regulations, or relevant accounting standards, or do not give a true and fair view—why they do not do so; and

                     (d)  details of any matter that, in the opinion of the auditor, should be reported to the ACCC.

             (3)  An auditor’s certificate for section 142(5) of the Act is taken to comply with paragraphs (2)(a), (b) and (c) if it is in the form required by the Corporations Act 2001 for an auditor’s report under Part 2M.3 of that Act.

7.06  Lodgement of accounts with the ACCC

                   For subsection 143(2) of the Act, 90 days is prescribed.

Note:          This is the period (after the end of an accounting period) within which the accounts of an airport‑operator company must be lodged with the ACCC.

7.07  Report on airports

             (1)  For subsection 145(1) of the Act, an airport‑operator company must report to the ACCC, for each financial year, the total average staff equivalent of the persons employed at the airport concerned with the provision of:

                     (a)  aeronautical services and facilities; and

                     (b)  non‑aeronautical services and facilities.

             (2)  In subregulation (1):

average staff equivalent of a person employed at an airport means the number of hours in a day worked by the person at the airport, divided by the number of hours that the person would work at the airport in that day if working full‑time.

7.08  Record‑keeping

                   For subsection 146(1) of the Act, a company must keep records of the kind mentioned in that subsection, and must retain the records for 5 years after the end of the period to which the records relate.

Part 8Quality of service monitoring

  

8.01  Airports to which Part 8 of the Act applies

                   For paragraph 151(1)(a) of the Act, the following airports are specified:

                     (b)  Brisbane Airport;

                     (c)  Melbourne (Tullamarine) Airport;

                     (d)  Perth Airport;

                     (e)  Sydney (Kingsford‑Smith) Airport;

                      (f)  Sydney West Airport.

8.01A  Aspects of airport services and facilities to be monitored and evaluated

                   For subsection 155(1) of the Act, the aspects of airport services and facilities mentioned in the following table are specified.

Part 1—Passenger‑related services and facilities

 

Item

Services and facilities

 

Access

1.1

Airport access facilities (taxi facilities, kerbside space for pick‑up and drop‑off)

1.2

Car parking service facilities

1.3

Baggage trolleys

 

Departure

1.4

Check‑in services and facilities

1.5

Security inspection

1.6

Outbound baggage system

 

Arrival

1.7

Baggage make‑up, handling and reclaiming services and facilities

 

Departure and arrival

1.8

Facilities to enable the processing of passengers through customs, immigration and quarantine

 

Information and signage

1.9

Flight information, general signage and public‑address systems

 

Terminal facilities

1.10

Public areas in terminals and public amenities (washrooms and garbage bins), lifts, escalators and moving walkways

1.11

Gate lounges and seating other than in gate lounges

Part 2—Aircraft‑related services and facilities

 

Item

Services and facilities

2.1

Ground handling services and facilities

2.2

Aerobridge usage

2.3

Runways, taxiways and aprons

2.4

Aircraft parking facilities and bays

2.5

Airside freight handling, storage areas and cargo facilities

8.02  Records that must be kept regarding quality of service matters

             (1)  For subsection 156(1) of the Act, the airport‑operator company for an airport must keep written records for the airport about each matter mentioned in Schedule 2 for each financial year starting on or after 1 July 2008.

             (2)  An airport‑operator company must retain such a record for 5 years after the end of the financial year to which the record relates.

Note 1:       For penalty, see s 156(5) of the Act.

Note 2:       Under transitional provisions, this subregulation continues to apply to records relating to a financial year that started before 1 July 2008 (see regulation 4 of the Airports Amendment Regulations 2009 (No. 2)).

Note 3:       A record may, in certain circumstances, be kept electronically (see section 12 of the Electronic Transactions Act 1999).

             (3)  However, the airport‑operator company for an airport need not comply with subregulations (1) and (2) about a matter, if a service or facility to which the matter relates is provided for the airport under an agreement with the airport‑operator company by a person other than the airport‑operator company.

             (4)  Instead, the person providing the service or facility must comply with subregulations (1) and (2) about the matter as if any reference in the subregulations to the airport‑operator company were a reference to the person.

Note:          An airport‑operator company that fails to comply with this regulation commits an offence against subsection 156(5) of the Act.  That subsection provides for a penalty of 50 penalty units for each such offence.

8.03  Giving information to ACCC

             (1)  A person who is obliged to keep a record for an airport under regulation 8.02 must give a copy of the record in writing for a financial year to the ACCC within 90 days after the end of the financial year.

Note:          A record may, in certain circumstances, be given electronically (see section 9 of the Electronic Transactions Act 1999).

             (2)  If an airport‑operator company carries out a survey about a quality of service matter, the company must give the ACCC a document in writing setting out the results within 90 days after the end of the financial year in which the survey is carried out.

Note:          A document may, in certain circumstances, be given electronically (see section 9 of the Electronic Transactions Act 1999).

             (3)  Information given to the ACCC under this regulation must be verified by statutory declaration by:

                     (a)  if the person obliged to give the information is an individual—the person, or a manager or executive officer employed by the person; or

                     (b)  if the person is a corporation—a director of the corporation.

Note:          An airport‑operator company that fails to comply with this regulation commits an offence against subsection 156(5) of the Act.  That subsection provides for a penalty of 50 penalty units for each such offence.

Part 12Protection of airspace around airports

  

12.01  Airports to which Part 12 of the Act applies

                   For paragraph 180(1)(b) of the Act, the following airports are specified:

                     (a)  Archerfield Airport;

                    (aa)  Bankstown Airport;

                   (ab)  Camden Airport;

                     (b)  Essendon Airport;

                     (c)  Jandakot Airport;

                     (d)  Moorabbin Airport;

                     (e)  Mount Isa Airport;

                      (f)  Parafield Airport;

                     (g)  Tennant Creek Airport.

12.02  Boundaries of airport site for Sydney West Airport

                   For the purposes of subsection 180(2) of the Act, the land described in subitem (2) of Part 1.19A of Schedule 1 becomes part of the airport site for Sydney West Airport when it becomes a Commonwealth place, so long as the land satisfies paragraph (c) of the definition of airport site in subsection 5(1) of the Act.

 


Schedule 1Airport sites

(regulation 1.03)

Part 1.1Adelaide Airport

The land in the following South Australian certificates of title.

 

Folio Identifier

Description

Volume

Folio

5671

501

Allotment 44 on Deposited Plan 23806 in the area named Adelaide Airport, Hundred of Adelaide

5671

502

Allotment 42 on Deposited Plan 23806 in the area named Adelaide Airport, Hundred of Adelaide

5671

503

Allotment 43 on Deposited Plan 23806 in the area named Adelaide Airport, Hundred of Adelaide

5671

504

Allotments 10 and 43 on Deposited Plan 3435 in the area named West Richmond, Hundred of Adelaide

Allotment 175 on Deposited Plan 3753 in the area named Brooklyn Park, Hundred of Adelaide

Allotment 1 on Deposited Plan 7798 in the area named West Beach, Hundred of Adelaide

Allotment 4 on Filed Plan 1000 in the area named West Beach, Hundreds of Adelaide and Noarlunga

Allotments 1, 2 and 3 on Filed Plan 2029 in the area named West Beach, Hundred of Adelaide

Allotment 70 on Filed Plan 13171 in the area named Lockleys, Hundred of Adelaide

5935

516

Allotments 10 and 12 on Filed Plan 217332 in the area named West Beach, Hundreds of Adelaide and Noarlunga

6038

548

Allotment 50 on Deposited Plan 49654 in the areas named West Richmond and Adelaide Airport, Hundred of Adelaide

Part 1.2Alice Springs Airport

The land in the following Northern Territory certificates of title.

 

Folio Identifier

Description

Volume

Folio

663

302

N.T. Portion 995 from plan S 80/149

663

303

N.T. Portion 4437 from plan S 91/035

663

304

N.T. Portion 569 from plan S 80/149

663

305

N.T. Portion 3839 from plan LTO 90/001D

663

306

N.T. Portion 806 from plan S 80/149

663

307

N.T. Portion 4054 from plan S91/034

663

308

N.T. Portion 3840 from plan LTO 90/001B

663

309

N.T. Portion 4004 from plans S 91/34B and S 91/34C

663

310

N.T. Portion 4005 from plans S 91/34 and S 91/35B

663

311

N.T. Portion 429 from plan S 80/149

663

312

N.T. Portion 428 from plan S 80/149

663

313

N.T. Portion 5238 from plan S 97/049

663

314

N.T. Portion 1025 from plan S 80/149

Part 1.3Archerfield Airport

The land in the following Queensland certificates of title.

 

Title Reference

Description

17127063

Lot 5 on Registered Plan No. 179578, County of Stanley, Parish of Yeerongpilly

50686739

Lot 1 on Survey Plan 200283, County of Stanley, Parish of Yeerongpilly

50686740

Lot 2 on Survey Plan 200283, County of Stanley, Parish of Yeerongpilly

Part 1.4Bankstown Airport

The land in the following New South Wales certificates of title.

 

Folio identifier

Description

271/1122545

Lot 271 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

272/1122545

Lot 272 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

273/1122545

Lot 273 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

231/1132273

Lot 231 in Deposited Plan 1132273, County of Cumberland, Parish of Bankstown

232/1132273

Lot 232 in Deposited Plan 1132273, County of Cumberland, Parish of Bankstown

275/1122545

Lot 275 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

276/1122545

Lot 276 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

279/1122545

Lot 279 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

280/1122545

Lot 280 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

281/1122545

Lot 281 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

282/1122545

Lot 282 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

283/1122545

Lot 283 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

284/1122545

Lot 284 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

286/1122545

Lot 286 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

287/1122545

Lot 287 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

288/1122545

Lot 288 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

289/1122545

Lot 289 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

290/1122545

Lot 290 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

291/1122545

Lot 291 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

292/1122545

Lot 292 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

293/1122545

Lot 293 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

294/1122545

Lot 294 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

295/1122545

Lot 295 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

296/1122545

Lot 296 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

297/1122545

Lot 297 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

298/1122545

Lot 298 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

299/1122545

Lot 299 in Deposited Plan 1122545, County of Cumberland, Parish of Bankstown

401/1112420

Lot 401 in Deposited Plan 1112420, County of Cumberland, Parish of Bankstown

402/1112420

Lot 402 in Deposited Plan 1112420, County of Cumberland, Parish of Bankstown

570/1153673

Lot 570 in Deposited Plan 1153673, County of Cumberland, Parish of Bankstown

571/1153673

Lot 571 in Deposited Plan 1153673, County of Cumberland, Parish of Bankstown.

801/1133371

Lot 801 in Deposited Plan 1133371, County of Cumberland, Parish of Bankstown

802/1133371

Lot 802 in Deposited Plan 1133371, County of Cumberland, Parish of Bankstown

803/1133371

Lot 803 in Deposited Plan 1133371, County of Cumberland, Parish of Bankstown

804/1133371

Lot 804 in Deposited Plan 1133371, County of Cumberland, Parish of Bankstown

805/1133371

Lot 805 in Deposited Plan 1133371, County of Cumberland, Parish of Bankstown

806/1133371

Lot 806 in Deposited Plan 1133371, County of Cumberland, Parish of Bankstown

303/1077440

Lot 303 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

304/1077440

Lot 304 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

305/1077440

Lot 305 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

306/1077440

Lot 306 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

307/1077440

Lot 307 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

308/1077440

Lot 308 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

309/1077440

Lot 309 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

310/1077440

Lot 310 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

500/1109190

Lot 500 in Deposited Plan 1109190, County of Cumberland, Parish of Bankstown

601/1138163

Lot 601 in Deposited Plan 1138163, County of Cumberland, Parish of Bankstown

602/1138163

Lot 602 in Deposited Plan 1138163, County of Cumberland, Parish of Bankstown

312/1077440

Lot 312 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

313/1077440

Lot 313 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

314/1077440

Lot 314 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

315/1077440

Lot 315 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

316/1077440

Lot 316 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

317/1077440

Lot 317 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

318/1077440

Lot 318 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

319/1077440

Lot 319 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

320/1077440

Lot 320 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

321/1077440

Lot 321 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

322/1077440

Lot 322 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

324/1077440

Lot 324 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

326/1077440

Lot 326 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

327/1077440

Lot 327 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

328/1077440

Lot 328 in Deposited Plan 1077440, County of Cumberland, Parish of Bankstown

701/1108141

Lot 701 in Deposited Plan 1108141, County of Cumberland, Parish of Bankstown

702/1108141

Lot 702 in Deposited Plan 1108141, County of Cumberland, Parish of Bankstown

703/1108141

Lot 703 in Deposited Plan 1108141, County of Cumberland, Parish of Bankstown

704/1108141

Lot 704 in Deposited Plan 1108141, County of Cumberland, Parish of Bankstown

2/1071297

Lot 2 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

3/1071297

Lot 3 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

4/1071297

Lot 4 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

5/1071297

Lot 5 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

6/1071297

Lot 6 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

7/1071297

Lot 7 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

8/1071297

Lot 8 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

9/1071297

Lot 9 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

10/1071297

Lot 10 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

11/1071297

Lot 11 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

12/1071297

Lot 12 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

13/1071297

Lot 13 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

14/1071297

Lot 14 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

15/1071297

Lot 15 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

16/1071297

Lot 16 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

17/1071297

Lot 17 in Deposited Plan 1071297, County of Cumberland, Parish of Bankstown

Part 1.5Brisbane Airport

The land in the following Queensland certificates of title.

 

Title Reference

Description

50146353

Lot 4 on Plan No. 838457, County of Stanley, Parish of Toombul

50146354

Lot 5 on Plan No. 838457, County of Stanley, Parish of Toombul

50827507

Lot 10 on Subdivision Plan 208835

50827508

Lot 11 on Subdivision Plan 208835

50827509

Lot 12 on Subdivision Plan 208835

50827510

Lot 13 on Subdivision Plan 208835

50827511

Lot 14 on Subdivision Plan 208835

50827512

Lot 15 on Subdivision Plan 208835

50827513

Lot 16 on Subdivision Plan 208835

50827514

Lot 17 on Subdivision Plan 208835

50827515

Lot 18 on Subdivision Plan 208835

50827516

Lot 19 on Subdivision Plan 208835

50827517

Lot 20 on Subdivision Plan 208835

50827518

Lot 21 on Subdivision Plan 208835

18740241

Lot 2 on Plan No. 844116, County of Stanley, Parish of Toombul

18174183

Lot 1161 on Plan No. 11534, County of Stanley, Parish of Toombul

50146351

Lot 2 on Plan No. 838457, County of Stanley, Parish of Toombul

Part 1.6Camden Airport

The land in the following New South Wales certificates of title.

 

Folio identifier

Description

102/1121442

Lot 102 in Deposited Plan 1121442, County of Cumberland, Parish of Narellan

3/791287

Lot 3 in Deposited Plan 791287, County of Cumberland, Parish of Narellan

3/217570

Lot 3 in Deposited Plan 217570, County of Cumberland, Parish of Narellan

Part 1.7Canberra Airport

The land in the following Australian Capital Territory certificate of title.

 

Folio Identifier

Description

Volume

Folio

1549

49

Pialligo Section 28 Block 3 on Deposited Plan 9214

 

 

Pialligo Section 17 Block 3 on Deposited Plan 9214

 

 

Majura Block 587 on Deposited Plan 7661

 

 

Majura Block 594 on Deposited Plan 7661

 

 

Majura Block 595 on Deposited Plan 7661

 

 

Majura Block 614 on Deposited Plan 8177

 

 

Majura Block 660 on Deposited Plan 9213

Part 1.8Darwin International Airport

The land in the following Northern Territory certificate of title.

 

Folio Identifier

Description

Volume

Folio

753

452

Section 5729 Hundred of Bagot from Plan L2004/064

Part 1.9Essendon Airport

The land in the following Victorian certificates of title.

 

Folio Identifier

Description

Volume

Folio

10044

411

Land in Plan of Consolidation 354871E

04996

129

Lot 104 on Plan of Subdivision 010418

05456

082

Lot 126 on Plan of Subdivision 010418

05587

373

Lot 103 on Plan of Subdivision 010418

05849

647

Lot 127 on Plan of Subdivision 010418

05937

400

Lot 1 on Title Plan 850261Q

06087

297

Lot 163 on Plan of Subdivision 010418

06478

463

Lot 125 on Plan of Subdivision 010418

07027

266

Lot 162 on Plan of Subdivision 010418

07027

267

Lot 96 on Plan of Subdivision 010418

07031

085

Lot 19 on Plan of Subdivision 001070

07156

028

Lot 117 on Plan of Subdivision 010418

07307

340

Lot 138 on Plan of Subdivision 010418

07364

788

Lot 157 on Plan of Subdivision 010418

07566

166

Lot 1 on Title Plan 748702G

07841

078

Lot 3 on Plan of Subdivision 001070 and Lots 1, 2, 3, 4, 5, 6 and 7 on Plan of Subdivision 022777

07874

006

Lot 1 on Title Plan 258549T

07874

007

Lot 149 on Plan of Subdivision 010418

07894

066

Lot 1 on Title Plan 754525S

08222

595

Lot 1 on Title Plan 760301G

Part 1.10Gold Coast Airport

The land in:

                     (a)  the following Queensland certificates of title:

 

Title Reference

Description

17457085

Lot 1 on Registered Plan No. 225692, County of Ward, Parish of Tallebudgera

18265246

Lot 222 on Registered Plan No. 839951, County of Ward, Parish of Tallebudgera

18287103

Lot 5 on Registered Plan No. 839952, County of Ward, Parish of Tallebudgera

                     (b)  the following New South Wales certificates of title:

 

Folio identifier

Description

100/1120061

Lot 100 in Deposited Plan 1120061, County of Rous, Parish of Terranora

1/582467

Lot 1 in Deposited Plan 582467, County of Rous, Parish of Terranora

Part 1.11Hobart International Airport

The land in the following Tasmanian certificates of title.

 

Folio Identifier

Description

Volume

Folio

152454

1

Lot No. 1 on Plan No. 152454, City of Clarence

14486

2

Lot No. 2 on Plan No. P.14486, Parish of Sorell, Land District of Pembroke

14486

1

Lot No. 1 on Plan No. P.14486, Parish of Sorell, Land District of Pembroke

Part 1.12Jandakot Airport

The land in the following Western Australian certificates of title.

 

Folio Identifier

Description

Volume

Folio

51

30A

Lot 10 on Diagram 33538

1197

27

Lot 1 on Diagram 19220

1778

742

Jandakot Agricultural Area Lot 588

2228

469

Plan 7585

2228

470

Lot 301 on Plan 301022

2228

471

Jandakot Agricultural Area Lot 173, Lot 588 on Plan 188045 and Lots 1, 2, 3, 4, 5, 6, 7 and 8 on Diagram 27624

2228

472

Lot 9 on Diagram 29124

2228

473

Lot 9 on Diagram 29124

2228

474

Plan 7584 and Lot 173 on Plan 226118

Part 1.13Launceston Airport

The land in the following Tasmanian certificates of title.

 

Folio Identifier

Description

Volume

Folio

128763

1

Lot 1 on Plan 128763, Parish of Breadalbane, Land District of Cornwall

31731

1

Lot 1 on Diagram 31731, Parish of Breadalbane, Land District of Cornwall

80983

1

Lot 1 on Diagram 80983, Parish of Breadalbane, Land District of Cornwall

80983

3

Lot 3 on Diagram 80983, Parish of Breadalbane, Land District of Cornwall

80983

4

Lot 4 on Diagram 80983, Parish of Breadalbane, Land District of Cornwall

225834

1

Lot 1 on Plan 225834, Parish of Breadalbane, Land District of Cornwall

Part 1.14Melbourne (Tullamarine) Airport

The land in the following Victorian certificates of title.

 

Folio Identifier

Description

Volume

Folio

06726

1345179

Lot 1 on Title Plan 173928G

07300

1459954

Lot 1 on Title Plan 539549D

07344

1468688

Lot 1 on Title Plan 533421P

07617

046

Lot 1 on Title Plan 801352P

08044

649

Lot 1 on Title Plan 243635K

08296

766

Lot 9 on Plan of Subdivision 051894

08390

476

Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 on Title Plan 801448A

08413

481

Lot 8 on Plan of Subdivision 051894

08466

277

Lot 1 on Title Plan 320400L

08504

716

Crown Allotment 2A Section 1, Parish of Bulla Bulla

08511

436

Lot 1 on Title Plan 320916X

08527

519

Lot 2 on Plan of Subdivision 035600

08528

830

Lot 10 on Plan of Subdivision 051894

08554

346

Lot 6 on Plan of Subdivision 051894

08592

937

Lot 14 on Plan of Subdivision 051894

08657

662

Lot 7 on Plan of Subdivision 051894

08677

659

Lot 1 on Title Plan 670776G

08692

815

Lot 13 on Plan of Subdivision 051894

08708

041

Lot 11 on Plan of Subdivision 051894

08738

114

Lot 1 on Title Plan 385802X

08792

799

Lot 5 on Plan of Subdivision 051894

08827

437

Lot 1 on Title Plan 558486T

08841

691

Lot 2 on Plan of Subdivision 051894

08869

263

Lot 1 on Title Plan 881666M

08869

264

Lot 1 on Title Plan 898144A

08885

503

Lot 1 on Plan of Subdivision 051894

08936

136

Lot 4 on Plan of Subdivision 051894

08959

783

Lot 1 on Title Plan 553682V

08986

384

Lot 15 on Plan of Subdivision 051894

09067

671

Lots 1 and 2 on Title Plan 881663T

09302

900

Lot 1 on Title Plan 171589N

09302

901

Lot 1 on Title Plan 171590E

09768

745

Lot 1 on Title Plan 116951K

09815

130

Lot 1 on Title Plan 139090J

10327

685

Lot 1 on Title Plan 007410F

10327

686

Lot 2 on Title Plan 007410F

Part 1.15Moorabbin Airport

The land in the following Victorian certificates of title.

 

Folio Identifier

Description

Volume

Folio

07772

134

Lot 1 on Title Plan 830952Y

08753

864

Lots 1, 2, 3, 4 and 5 on Title Plan 828840Y, part of Crown Allotment 2, Section 17, Crown Allotment 1, part of Crown Allotments 3 and 4, Section 18, Parish of Mordialloc and Road R1 on Plan of Subdivision 04963

08814

943

Lot 1 on Title Plan 830936W

08824

220

Lots 1 and 2 on Title Plan 830937U

10647

951

Lot 1 on Plan of Subdivision 441283Y

Part 1.16Mount Isa Airport

The land in the following Queensland certificates of title.

 

Title Reference

Description

20504205

Lot 9 on Crown Plan No. RD 48

20677156

Lot 14 on Registered Plan No. 720448

20941083

Lot 1 on Registered Plan No. 724915

21125171

Lot 3 on Registered Plan No. 724915

21086099

Lot 28 on Registered Plan No. 734222

Part 1.17Parafield Airport

The land in the following South Australian certificates of title.

 

Folio Identifier

Description

Volume

Folio

6037

49

Allotments 10, 11, 12, 13, 14, 15, 16 and 17 in filed plan 114106 in the area named Parafield, Hundred of Yatala

6055

320

Allotment comprising pieces 50 and 51 on Deposited Plan 69022 in the areas named Parafield and Mawson Lakes, Hundred of Yatala

Part 1.18Perth Airport

The land in the following Western Australian certificates of title.

 

Folio Identifier

Description

Volume

Folio

7

196A

Lot 396 the subject of Diagram 2597

14

389A

Lots 5 and 6 on Diagram 28474

25

186A

Lot 50 on Plan 7067

100

86A

Lots 359 and 360 on Plan 2555

152

50A

Lot 847 on Plan 3709

264

141A

Swan Location 1349 and Lot 1403 on Plan 249021

266

24A

Swan Location 1120 and Lot 1349 on Plan 247393

266

25A

Lot 3 on Diagram 15044

367

79A

Lot 1 on Diagram 39005

367

80A

Lots 2 and 3 on Diagram 39005

443

174A

Lot 481 on Plan 4683 and Lot 110 on Plan 7494

612

26A

Lot 548 on Diagram 5986

703

97

Lot 812 on Plan 3709

777

171

Lot 848 on Plan 3709

778

115

Lot 808 on Plan 3709

830

168

Lots 871 and 872 on Plan 3709

901

193

Lot 869 on Plan 3709

1006

726

Lot 425 on Plan 4683

1020

97

Lot 11 on Plan 28607

1020

98

Lot 10 on Plan 28607

1026

483

Lot 392 on Diagram 1886

1054

157

Lot 471 on Plan 4683

1055

666

Lot 459 on Plan 4683 and Lot 10487 on Plan 216100

1055

862

Lot 818 on Plan 3709

1064

240

Lot 827 on Plan 3709

1064

640

Lots 867 and 868 on Plan 3709

1065

503

Lot 873 on Plan 3709

1065

691

Lot 864 on Plan 3709

1067

82

Lot 354 on Plan 2555

1079

432

Lot 849 on Plan 3709

1080

256

Lot 426 on Plan 4683

1085

38

Lot 357 on Plan 2555

1085

39

Lot 358 on Plan 2555

1085

44

Lot 823 on Plan 3709

1088

337

 

1092

980

Lot 857 on Plan 3709

1095

478

Lot 423 on Plan 4683

1100

137

Lot 870 on Plan 3709

1100

320

Lot 462 on Plan 4683

1100

321

Lots 427 and 428 on Plan 4683

1100

896

Lot 831 on Plan 3709

1103

560

Lot 837 on Plan 3709

1106

312

Lot 822 on Plan 3709

1108

178

Lots 457 and 458 on Plan 4683

1108

384

Lots 420, 421 and 422 on Plan 4683

1111

584

Lot 855 on Plan 3709

1122

830

Lot 809 on Plan 3709 and Lot 10570 on Plan 216099

1128

145

Lot 830 on Plan 3709

1132

364

Lot 430 on Plan 4683

1141

715

Lot 836 on Plan 3709

1142

491

Lot 1 on Diagram 15412

1142

492

Lot 2 on Diagram 15412

1147

912

Lot 854 on Plan 3709

1148

487

Lot 1 on Diagram 16915

1148

1000

Lot 2 on Diagram 16084

1152

457

Lot 2 on Diagram 16373

1152

458

Lot 1 on Diagram 16373

1165

978

Lot 461 on Plan 4683

1167

467

Lot 461 on Plan 4683 and Lot 8499 on Plan 22062

1173

213

Lot 1 on Diagram 18841

1190

991

Lot 850 on Plan 3709

1190

992

Lot 835 on Plan 3709

1190

993

Lots 834 and 851 on Plan 3709

1194

385

Lot 807 on Plan 3709

1201

712

Lot 1 on Diagram 21681

1233

849

Lot 2 on Diagram 25203

1234

840

Lots 874 and 875 on Plan 3709

1244

89

Lot 391 on Diagram 1816

1244

973

Lot 479 on Plan 4683

1244

977

Lots 470 and 478 on Plan 4683

1245

581

Swan Location 6246

1251

16

Swan Locations 164 and 710 and Lot 164 on Plan 231052

1255

852

Lot 817 on Plan 3709

1257

423

Lot 50 on Plan 7494

1260

289

Lots 431, 455 and part of Lot 454 on Plan 4683

1260

721

Lots 815 and 816 on Plan 3709

1261

970

Lot 876 on Plan 3709

1263

154

Lot 3 on Diagram 26774

1264

327

Lot 833 on Plan 3709

1264

328

Lot 852 on Plan 3709

1266

026

Lot 821 on Plan 3709

1267

111

Lot 820 on Plan 3709

1268

106

Lot 856 on Plan 3709

1268

699

Lot 472 on Plan 4683

1268

958

Lot 829 on Plan 3709

1269

827

Lot 475 on Plan 4683

1272

229

Lot 828 on Plan 3709

1275

305

Lot 1 on Diagram 24060

1276

838

Lot 806 on Plan 3709

1277

977

Lots 476 and 477 on Plan 4683

1278

093

Lot 7 on Diagram 28474

1278

718

Lot 2 on Diagram 24060

1281

141

Lot 3 on Diagram 28474

1281

798

Lot 824 on Plan 3709

1282

147

Lot 386 on Plan 2284

1283

103

Lot 819 on Plan 3709

1283

433

Lot 8 on Diagram 28474

1287

240

Lot 1 on Diagram 29201

1287

241

Lot 385 on Plan 2284

1289

174

Lot 4 on Diagram 28474

1299

668

Lot 9 on Diagram 28474

1324

169

Lot 813 on Plan 3709

1324

170

Lot 814 on Plan 3709

1324

453

Lot 832 on Plan 3709

1324

454

Lot 853 on Plan 3709

1337

662

Lots 861 and 682 on Plan 3709

1337

663

Lot 863 on Plan 3709

1338

816

Swan Location 1307 and Lot 1380 on Plan 251273

1340

298

Swan Location 1403

1340

862

Lot 1 on Diagram 34174 and Lot 8795 on Plan 180060

1345

620

Lot 51 on Plan 7493 and Lot 13631 on Plan 219513

1347

764

Lots 467, 468 and 469 on Plan 4683

1352

597

Lot 3 on Diagram 39761

1352

598

Lot 4 on Diagram 39761

1352

684

Swan Locations 8681 and 8795

1352

685

Sawn Location 8794

1352

688

Lot 2 on Diagram 34174, Lot 8681 on Plan 175758, Lot 2 on Diagram 34174 and Lot 8794 on Plan 180060

1377

446

Lot 394 on Diagram 2004

1382

600

Swan Location 1380

1402

048

Lot 50 on Diagram 14463

1505

234

Lot 382 on Plan 2283

1650

612

Swan Location 10570

1670

368

Lots 826 and 858 on Plan 3709

1670

551

Swan Location 10487

1670

552

Swan Location 10488

1674

028

Lot 50 on Diagram 39005

1726

289

Lot 1 on Diagram 63971

1726

290

Lot 501 on Diagram 63972

1726

295

Lot 150 on Plan 302462

1726

296

Lot 389 on Plan 2284 and Lot 1120 on Plan 248991

1726

297

Lot 35 on Plan 2799 and Lot 216098 on Plan 10488

1726

298

Lots 1, 2 and 66 on Plan 7512

1756

075

Lot 100 on Plan 35425 and Lot 200 on Plan 7068

1756

076

Lot 101 on Plan 35425

1809

163

Lot 2 on Diagram 26391

1863

794

Lots 355 and 356 on Plan 2555

1863

795

Lot 364 on Plan 2555

1863

796

Lot 71 on Plan 34064

1863

798

Lots 429 and 456 on Plan 4683

1908

407

Lot 474 on Plan 4683

1947

761

Lot 395 on Diagram 2005

1947

762

Lots 859 and 860 on Plan 3709

1947

763

Lot 473 on Plan 4683

1947

764

Lot 3 on Diagram 34174

1977

003

Lot 11872 on Plans 218328, 218329, 218330 and 191078

2018

188

Lot 400 on Diagram 69211

2069

304

Lot 1 on Plan 7481, Lot 1307 on Plan 247394 and Lot 710 on Plan 246007

2099

884

Lot 100 on Plan 45854

2116

674

Lots 865 and 866 on Plan 3709

2116

675

Lot 2 on Diagram 18841

2116

676

Lot 2 on Diagram 29866

2116

677

Lots 464 and 465 on Plan 4683

2124

980

Lot 100 on Plan 6619

2124

981

Swan Location 8499

2124

982

Lot 352 on Plan 2555 and Lot 70 on Plan 34064

Part 1.19Sydney (Kingsford‑Smith) Airport

The land in the following New South Wales certificates of title.

 

Folio identifier

Description

8/1050923

Lot 8 in Deposited Plan 1050923, County of Cumberland, Parish of Botany

401/816961

Lot 401 in Deposited Plan 816961, County of Cumberland, Parish of Botany

5/774363

Lot 5 in Deposited Plan 774363, County of Cumberland, Parish of St George

21/819566

Lot 21 in Deposited Plan 819566, County of Cumberland, Parish of St George

22/819566

Lot 22 in Deposited Plan 819566, County of Cumberland, Parish of St George

23/819566

Lot 23 in Deposited Plan 819566, County of Cumberland, Parish of St George

25/819566

Lot 25 in Deposited Plan 819566, County of Cumberland, Parish of St George

7/787029

Lot 7 in Deposited Plan 787029, County of Cumberland, Parish of Botany

9/787029

Lot 9 in Deposited Plan 787029, County of Cumberland, Parish of Botany and Parish of St George

13/787029

Lot 13 in Deposited Plan 787029, County of Cumberland, Parish of Botany

14/787029

Lot 14 in Deposited Plan 787029, County of Cumberland, Parish of Botany

15/787029

Lot 15 in Deposited Plan 787029, County of Cumberland, Parish of Botany

40/815358

Lot 40 in Deposited Plan 815358, County of Cumberland, Parish of Botany

1/809051

Lot 1 in Deposited Plan 809051, County of Cumberland, Parish of Botany

1/826101

Lot 1 in Deposited Plan 826101, County of Cumberland, Parish of Petersham

5/1050923

Lot 5 in Deposited Plan 1050923, County of Cumberland, Parish of St George

1/107987

Lot 1 in Deposited Plan 107987, County of Cumberland, Parish of St George

5/107811

Lot 5 in Deposited Plan 107811, County of Cumberland, Parish of Petersham

1/590109

Lot 1 in Deposited Plan 590109, County of Cumberland, Parish of Petersham

31/819567

Lot 31 in Deposited Plan 819567, County of Cumberland, Parish of St George

12/825649

Lot 12 in Deposited Plan 825649, County of Cumberland, Parish of Petersham

643/727045

Lot 643 in Deposited Plan 727045, County of Cumberland, Parish of Petersham

15/825649

Lot 15 in Deposited Plan 825649, County of Cumberland, Parish of Petersham

724/48012

Lot 724 in Deposited Plan 48012, County of Cumberland, Parish of Petersham

726/48012

Lot 726 in Deposited Plan 48012, County of Cumberland, Parish of Petersham

1/869306

Lot 1 in Deposited Plan 869306, County of Cumberland, Parish of Petersham

2/790186

Lot 2 in Deposited Plan 790186, County of Cumberland, Parish of Petersham

11/1050464

Lot 11 in Deposited Plan 1050464, County of Cumberland, Parish of Botany and Parish of Petersham

12/1050464

Lot 12 in Deposited Plan 1050464, County of Cumberland, Parish of Botany and Parish of Petersham

3/825649

Lot 3 in Deposited Plan 825649, County of Cumberland, Parish of Petersham

4/555771

Lot 4 in Deposited Plan 555771, County of Cumberland, Parish of Petersham

3/555771

Lot 3 in Deposited Plan 555771, County of Cumberland, Parish of Petersham

2/802342

Lot 2 in Deposited Plan 802342, County of Cumberland, Parish of Petersham

1/830952

Lot 1 in Deposited Plan 830952, County of Cumberland, Parish of Petersham

2/830952

Lot 2 in Deposited Plan 830952, County of Cumberland, Parish of Botany and Parish of Petersham

1/1054373

Lot 1 in Deposited Plan 1054373, County of Cumberland, Parish of Petersham

Auto‑Consol 4694‑25

Lots 1 and 2 in Deposited Plan 186164, County of Cumberland, Parish of Petersham

Part 1.19ASydney West Airport

  

             (1)  The land in the following New South Wales certificates of title.

 

Folio identifier

Description

1/838361

Lot 1 in Deposited Plan 838361, County of Cumberland, Parish of Bringelly

1/851626

Lot 1 in Deposited Plan 851626, County of Cumberland, Parish of Bringelly

2/C/1451

Lot 2 of Section C in Deposited Plan 1451, County of Cumberland, Parish of Bringelly

17/258581

Lot 17 in Deposited Plan 258581, County of Cumberland, Parish of Bringelly

22/258581

Lot 22 in Deposited Plan 258581, County of Cumberland, Parish of Bringelly

23/259698

Lot 23 in Deposited Plan 259698, County of Cumberland, Parish of Bringelly

32/259698

Lot 32 in Deposited Plan 259698, County of Cumberland, Parish of Bringelly

33/259698

Lot 33 in Deposited Plan 259698, County of Cumberland, Parish of Bringelly

7/3050

Lot 7 in Deposited Plan 3050, County of Cumberland, Parish of Bringelly

8/3050

Lot 8 in Deposited Plan 3050, County of Cumberland, Parish of Bringelly

9/226448

Lot 9 in Deposited Plan 226448, County of Cumberland, Parish of Bringelly

3/611519

Lot 3 in Deposited Plan 611519, County of Cumberland, Parish of Bringelly

11/226448

Lot 11 in Deposited Plan 226448, County of Cumberland, Parish of Bringelly

1/129674

Lot 1 in Deposited Plan 129674, County of Cumberland, Parish of Bringelly

1/129675

Lot 1 in Deposited Plan 129675, County of Cumberland, Parish of Bringelly

1/996420

Lot 1 in Deposited Plan 996420, County of Cumberland, Parish of Bringelly

2/996420

Lot 2 in Deposited Plan 996420, County of Cumberland, Parish of Bringelly

28/217001

Lot 28 in Deposited Plan 217001, County of Cumberland, Parish of Bringelly

1/996379

Lot 1 in Deposited Plan 996379, County of Cumberland, Parish of Bringelly

2/996379

Lot 2 in Deposited Plan 996379, County of Cumberland, Parish of Bringelly

             (2)  The land in that part of The Northern Road located in Luddenham within the Local Government Area of Liverpool and comprising approximately 15.44 ha:

                     (a)  bounded to the east by part of Lot 1 in Deposited Plan 838361, County of Cumberland, Parish of Bringelly; and

                     (b)  bounded to the west by:

                              (i)  part of Lot 1 in Deposited Plan 838361, County of Cumberland, Parish of Bringelly; and

                             (ii)  part of Lot 102 in Deposited Plan 812653, County of Cumberland, Parish of Bringelly; and

                     (c)  extending in a northerly direction to a line near the junction of The Northern Road and Eaton Road, specifically along the prolongation of the southern boundary of Lot 1 in Deposited Plan 851626, County of Cumberland, Parish of Bringelly bearing 278°31′ (MGA) for a distance of 37.975 m; and

                     (d)  extending in a southerly direction to a line:

                              (i)  starting at the eastern common boundary corner of Lot 1 in Deposited Plan 838361, County of Cumberland, Parish of Bringelly and Lot 11 in Deposited Plan 1092165, County of Cumberland, Parish of Bringelly; and

                             (ii)   ending at a southern boundary corner of part of Lot 1 in Deposited Plan 838361, County of Cumberland, Parish of Bringelly with that line having a bearing of 119°23′30″ (MGA) for a distance of 281.395 m.

Note:          Unless otherwise stated, all lines are geodesics based on the Geocentric Datum of Australia 1994 (GDA94) as defined in Gazette No. GN35 of 6 September 1995. All coordinates are expressed in terms of the Map Grid of Australia 1994 (MGA94) Zone 56.

Part 1.20Tennant Creek Airport

The land in the following Northern Territory certificates of title.

 

Folio Identifier

Description

Volume

Folio

594

075

Lot 998 Town of Tennant Creek from Plan B 000076

594

077

Lot 1281 Town of Tennant Creek from Plan S 79/055

Part 1.21Townsville Airport

The land in the following Queensland certificates of title.

 

Title Reference

Description

21445008

Lot 2 on Registered Plan No. 748023, County of Elphinstone, Parish of Coonambelah

21450131

Lot 21 on Registered Plan No. 748033, County of Elphinstone, Parish of Coonambelah

50085352

Lot 7 on Registered Plan No. 802404, County of Elphinstone, Parish of Coonambelah

Schedule 2Records relevant to quality of service matters

(subregulation 8.02(1))

Part 1Definition for Part 2

                   In Part 2:

peak hour means:

                     (a)  for a matter relating exclusively to arriving passengers or inbound baggage—the hour that, on average for each day in the financial year, has the highest number of arriving passengers; and

                     (b)  for a matter relating exclusively to departing passengers or outbound baggage—the hour that, on average for each day in the financial year, has the highest number of departing passengers; and

                     (c)  in any other case—the hour that, on average for each day in the financial year, has the highest total number of passenger movements (including both arriving and departing passengers).

Part 2Table

 

Item

Aspects of airport services and facilities to which records are relevant

Matters about which airport‑operator companies must keep records

1A

Airport access facilities (taxi facilities, kerbside space for pick‑up and drop‑off)

1A.1 Total area (international and domestic) at terminal kerbside for passenger pick‑up and drop‑off to landside operators such as taxis, and providers of other off‑airport parking services, measured in terms of the number of standard car park spaces

1A.2 Total area (international and domestic) at terminal kerbside and at designated waiting areas for passenger pick‑up and drop‑off provided to the public at no charge measured in terms of the number of standard car park spaces

1

Car parking service facilities

1.1 Number of car parking spaces available to the public in the vicinity of the airport (including disabled parking) on 30 June in the financial year

1.2 Distance (in metres) between the nearest public car park and the terminal entrance nearest to that car park on 30 June in the financial year

1.3 Number of days the car park was open during the financial year

1.4 Number of vehicles that used the car park in the financial year

2

Baggage trolleys

2.1 Average number of passengers for each baggage trolley during peak hour in the financial year

2.2 Number of baggage trolleys on 30 June in the financial year

3

Check‑in services and facilities

3.1 Number of check‑in desks on 30 June in the financial year

3.2 Number of bag‑drop facilities on 30 June in the financial year

3.3 Number of spaces provided for check‑in kiosk facilities on 30 June in the financial year

4

Security inspection

4.1 Number of departing passengers for each security clearance system during peak hour in the financial year

4.2 Number of security clearance systems, including equipment required to process passengers and baggage, in use on 30 June in the financial year

5

Outbound baggage system

5.1 Average number of bags handled by the outbound baggage system during peak hour in the financial year

5.2 Total number of bags handled by baggage handling equipment in the financial year

5.3 Total number of hours during the financial year for which baggage handling equipment was in use

5.4 Capacity of baggage handling equipment (in bags per hour) on 30 June in the financial year

6

Baggage make‑up, handling and reclaiming services and facilities

6.1 Total number of bags handled by baggage handling equipment in the financial year

6.2 Total number of hours during the financial year for which baggage handling equipment was in use

6.3 Capacity of the baggage handling equipment (in bags per hour) on 30 June in the financial year

6.4 Capacity of the baggage reclaim system on 30 June in the financial year

6.5 Average number of bags handled by the inbound baggage system during peak hour in the financial year

6.6 Total number of planned interruptions to inbound baggage system in the financial year

6.7 Total number of hours of planned interruptions to inbound baggage system in the financial year

6.8 Total number of unplanned interruptions to inbound baggage system in the financial year

6.9 Total number of hours of unplanned interruptions to inbound baggage system in the financial year

 

 

6.10 Total area (in square metres) provided by the airport operator for baggage reclaim on 30 June in the financial year

7

Facilities to enable the processing of passengers through customs, immigration and quarantine

7.1 Average number of arriving passengers during peak hour in the financial year

7.2 Number of inbound Immigration desks on 30 June in the financial year

7.3 Number of baggage inspection desks on 30 June in the financial year

7.4 Number of outbound Immigration desks on 30 June in the financial year

8

Flight information, general signage and public‑address systems

8.1 Average number of passengers (whether arriving or departing passengers) during peak hour in the financial year

8.2 Number of flight information display screens on 30 June in the financial year

8.3 Number of information points on 30 June in the financial year

8A

Public areas in terminals and public amenities (washrooms and garbage bins), lifts, escalators and moving walkways

8A.1 Number of washrooms on 30 June in the financial year

9

Gate lounges and seating other than in gate lounges

9.1 Average number of departing passengers during peak hour in the financial year

9.2 Number of gate lounges on 30 June in the financial year

9.3 Number of seats in gate lounges on 30 June in the financial year

9.4 Total gate lounge area (in square metres) on 30 June in the financial year

 

 

9.5 Number of airport‑operator‑managed gate lounges on 30 June in the financial year

 

 

9.6 Number of seats in airport‑operator‑managed gate lounges on 30 June in the financial year

9.7 Number of seats in airport‑operator‑managed waiting areas (other than in gate lounges) on 30 June in the financial year

10

Aerobridge usage

10.1 Number of passengers who used aerobridges for embarkation in the financial year

10.2 Total number of passengers who embarked in the financial year

10.3 Number of passengers who used aerobridges for disembarkation in the financial year

10.4 Total number of passengers who disembarked in the financial year

10.5 Number of aerobridges on 30 June in the financial year

10.6 Percentage of passengers who used aerobridges for embarkation in the financial year

10.7 Percentage of passengers who used aerobridges for disembarkation in the financial year

10A

Runways, taxiways and aprons

10A.1 Total area of aprons available (in square metres) on 30 June in the financial year

10A.2 Total area of runways (in square metres) on 30 June in the financial year

11

Aircraft parking facilities and bays

11.1 Number of aircraft parking bays on 30 June in the financial year

11.2 Total area of aircraft parking bays available (in square metres) on 30 June in the financial year

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/repeald to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

8, 1997

12 Feb 1997

12 Feb 1997 (r 1)

 

103, 1997

15 May 1997

15 May 1997 (r 1)

104, 1997

15 May 1997

15 May 1997 (r 1)

113, 1997

21 May 1997

21 May 1997 (r 1)

177, 1997

30 June 1997

1 July 1997 (r 1)

199, 1997

24 July 1997

24 July 1997 (r 1)

269, 1997

24 Sept 1997

24 Sept 1997 (r 1)

367, 1997

15 Dec 1997

15 Dec 1997 (r 1)

51, 1998

23 Mar 1998

1 Apr 1998 (r 1)

70, 1998

24 Apr 1998

24 Apr 1998 (r 1)

97, 1998

21 May 1998

21 May 1998 (r 1)

160,. 1998

25 June 1998

25 June 1998 (r 1)

208, 1998

1 July 1998

1 July 1998 r 1)

320, 1998

1 Dec 1998

1 Dec 1998 (r 2)

193, 2000

25 July 2000

25 July 2000 (r 2)

r 4

269, 2000

28 Sept 2000

28 Sept 2000 (r 2)

222, 2001

23 Aug 2001

23 Aug 2001 (r 2)

13, 2002

21 Feb 2002

21 Feb 2002 (r 2)

189, 2002

15 Aug 2002

15 Aug 2002 (r 2)

124, 2003

19 June 2003

19 June 2003 (r 2)

155, 2003

26 June 2003

26 June 2003 (r 2)

302, 2003

5 Dec 2003

5 Dec 2003 (r 2)

275, 2004

26 Aug 2004

26 Aug 2004 (r 2)

192, 2007

29 June 2007 (F2007L01963)

1 July 2007 (r 2)

8, 2009

6 Feb 2009 (F2009L00254)

7 Feb 2009 (r 2)

43, 2009

17 Mar 2009 (F2009L01022)

18 Mar 2009 (r 2)

117, 2009

19 June 2009 F2009L02391)

20 June 2009 (r 2)

r 4

231, 2009

8 Sept 2009 (F2009L03476)

9 Sept 2009 (r 2)

r 5

307, 2009

13 Nov 2009 (F2009L04110)

14 Nov 2009 (r 2)

1, 2011

10 Feb 2011 (F2011L00219)

11 Feb 2011 (r 2)

r 4

123, 2011

4 July 2011 (F2011L01407)

5 July 2011 (r 2)

184, 2012

9 Aug 2012 (F2012L01668)

1 July 2012 (r 2)

185, 2012

9 Aug 2012 (F2012L01669)

10 Aug 2012 (r 2)

188, 2012

8 Aug 2012 (F2012L01663)

9 Aug 2012 (r 2)

66, 2014

30 May 2014 (F2014L00623)

1 July 2014 (s 2)

122, 2015

24 July 2015 (F2015L01175)

Sch 1 (items 29–31): 25 July 2015 (s 2(1) item 1)

244, 2015

16 Dec 2015 (F2015L02045)

Sch 1 (items 2–5): 17 Dec 2015 (s 2(1) item 1)

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Airports Amendment Act 2015

108, 2015

30 June 2015

Sch 1 (items 70–74):
1 July 2015 (s 2)

Sch 1 (items 72–74)

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

r. 1.01...............................

rs No 320, 1998

r. 1.02...............................

am No 51,1998, No 97, 1998; No 124, 2003

r. 1.02A............................

ad No 97, 1998

r. 1.03...............................

am No 113, 1997

 

rs No 51, 1998

 

am No 160, 1998; No 43, 2009; No 123, 2011; No 185, 2012; No 122, 2015

r. 1.04...............................

ad No 193, 2000

Part 2

 

r. 2.01...............................

am No 177, 1997

r. 2.01A............................

ad No 97, 1998

 

am No 208, 1998; No 43, 2009

r 2.02................................

am No 244, 2015

r. 2.03...............................

rs No 113, 1997

 

am No 160, 1998; No 8, 2009

r. 2.04...............................

rs No 177, 1997

 

am No 97, 1998; Act No 108, 2015

r. 2.05...............................

ad No 113, 1997

 

rs No 177, 1997

r. 2.06...............................

ad No 177, 1997

r. 2.07...............................

ad No 177, 1997

r. 2.08...............................

ad No 177, 1997

 

rep No 269, 1997

r. 2.09...............................

ad No 177, 1997

 

am No 269, 1997; No 302, 2003

r. 2.10...............................

ad No 177, 1997

r. 2.11...............................

ad No 177, 1997

r. 2.12...............................

ad No 177, 1997

 

am No 97, 1998; Act No 108, 2015

r. 2.13...............................

ad No 177, 1997

r. 2.14...............................

ad No 177, 1997

r. 2.15...............................

ad No 177, 1997

r. 2.16...............................

ad No 177, 1997

 

rep No 269, 1997

r. 2.17...............................

ad No 177, 1997

 

am No 269, 1997

r. 2.18...............................

ad No 177, 1997

 

am No 124, 2003

r. 2.19...............................

ad No 177, 1997

r. 2.20...............................

ad No 177, 1997

 

am No 97, 1998

r. 2.21...............................

ad No 97, 1998

 

am No 124, 2003

Part 3

 

Division 3.1

 

Division 3.1......................

ad No 104, 1997

r. 3.01...............................

ad No 104, 1997

r. 3.02...............................

ad No 104, 1997

Division 3.2

 

Division 3.2......................

ad No 177, 1997

r. 3.20...............................

ad No 177, 1997

r. 3.21...............................

ad No 177, 1997

 

am No 8, 2009

r. 3.22...............................

ad No 177, 1997

 

am No 13, 2002

r. 3.23...............................

ad No 177, 1997

 

am No 13, 2002; No 43, 2009; No 307, 2009; No 123, 2011

r. 3.24...............................

ad No 177, 1997

 

am No 13, 2002

r. 3.25...............................

ad No 177, 1997

 

am No 13, 2002

r. 3.26...............................

ad No 177, 1997

 

am No 13, 2002

r. 3.26A............................

ad No 307, 2009

r. 3.27...............................

ad No 177, 1997

 

am No 97, 1998; No 124, 2003

Part 5

 

r. 5.01...............................

am No 185, 2012

r. 5.01A............................

ad No 97, 1998

 

am No 208, 1998; No 155, 2003; No 1, 2011

r. 5.02...............................

am No 113, 1997; No 43, 2004

r. 5.02A............................

ad No 275, 2004; No 43, 2009

 

rep No 43, 2009

 

ad No 231, 2009

 

rep No 1, 2011

 

ad No 185, 2012

r. 5.02B.............................

ad No 185, 2012

r 5.05................................

ad No 244, 2015

Part 7

 

r. 7.01...............................

am No 8, 2009

r. 7.02...............................

am No 192, 2007; No 8, 2009

r. 7.02A............................

ad No 192, 2007

r. 7.02B.............................

ad No 192, 2007

 

am No 184, 2012; No 244, 2015

r. 7.03...............................

am No 367, 1997; No 97, 1998; No 192, 2007

 

rs No 8, 2009

r. 7.03A............................

ad No 97, 1998

 

repNo 192, 2007

r. 7.04...............................

rep No 8, 2009

r. 7.05...............................

am No 208, 1998; No 8, 2009

r. 7.07...............................

am No 192, 2007

Part 8

 

Part 8................................

ad No 367, 1997

r. 8.01...............................

ad No 367, 1997

 

rs No 193, 2000

 

am No 43, 2009

 

rs No 117, 2009

 

am No 184, 2012; No 244, 2015

r. 8.01A............................

ad No 117, 2009

r. 8.02...............................

ad No 367, 1997

 

am No 193, 2000; No 117, 2009; No 188, 2012

r. 8.03...............................

ad No 367, 1997

 

am No 117, 2009; No 13, 2002; No 188, 2012; No 66, 2014

Part 12

 

Part 12..............................

ad No 97,1998

r. 12.01.............................

ad No 97,1998

 

am No 208, 1998; No 43, 2009

r 12.02..............................

ad No 122, 2015

Schedule 1

 

Schedule 1........................

am No 103, 1997; No 199, 1997

 

rs No 51, 1998

 

am No 70, 1998; No 97, 1998; No 160, 1998; No 320, 1998; No 269, 2000; No 222, 2001; No 189. 2002; No 124, 2003; No 155, 2003; No 302, 2003; No 43, 2009

 

rs No 123, 2011

 

am No 185, 2012; No 122, 2015

Schedule 2

 

Schedule 2........................

ad No 367, 1997

 

rs No 208, 1998

 

am No 193, 2000; No 43, 2009

 

rs No 117, 2009

 

am No 66, 2014

Schedule 3........................

ad No 367, 1997

 

rs No 208, 1998

 

am No 193, 2000; No 43, 2009

 

rep No 117, 2009