Airports Act 1996 (Cth)

Airports Act 1996

No. 42, 1996

Compilation No. 37

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Airports Act 1996 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

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 the Register (www.legislation.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 Register 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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—Introduction 1 Short title 2 Commencement 3 Objects 4 Simplified outline 5 Definitions 6 Sydney West Airport 7 Meaning of core regulated airport 7A Transfers and acquisitions by way of the enforcement of a loan security 7B Meaning of joint‑user airport 7C Giving information and the Electronic Transactions Act 8 Crown to be bound 9 External Territories 10 Extra‑territorial operation 10A Application of the Criminal Code Part 2—Leasing and management of airports Division 1—Simplified outline 11 Simplified outline Division 2—Scope of Part 12 Airports to which Part applies Division 3—Grant of airport leases 13 Commonwealth may grant airport lease 14 Rules about airport leases 15 Termination of airport lease if lessee ceases to be a qualified company 16 Person may acquire airport leases for only one airport site 17 Simultaneous grant of leases to the same person must relate to the same airport 18 Sydney (Kingsford‑Smith) Airport and Sydney West Airport may be under common ownership 19 Only one person to hold airport leases for an airport site 20 Simultaneous grant of leases relating to the same airport site to be to the same person 20A Airport leases for an airport site to expire on the same day 21 No grant of lease if Part 3 contravened 22 Airport lease granted subject to existing interests in the land Division 4—Restrictions on acquisition and transfer of airport leases 23 Restriction on acquisition of airport lease 24 No transfer of airport lease without approval of Minister 25 No transfer of lease if Part 3 contravened 26 No declaration of trust in respect of airport lease 27 Beneficial interest in airport lease must not be transferred independently of legal interest 28 Notification of acquisition of lease or of entry into possession—enforcement of loan security 29 Re‑transfer of lease—enforcement of loan security 30 Termination of airport lease otherwise than under this Act Division 5—Obligation to use airport site as an airport 31 Obligation to use airport site as an airport Division 6—Restrictions on lessees Subdivision A—Airport‑operator company must not carry on non‑airport business 32 Airport‑operator company must not carry on non‑airport business Subdivision B—Airport‑management agreements 33 Airport‑management agreements Subdivision C—Subleases and licences 34 Regulations may prohibit subleases of airport leases 34A Regulations may prohibit terms from being included in sublease of airport lease 34B Regulations may require terms to be included in sublease of airport lease 34C Regulations may prohibit declaration of trust in respect of sublease of airport lease 34D Regulations may provide that a beneficial interest in a sublease of airport lease must not be transferred independently of the legal interest 35 Regulations may prohibit licences relating to airport leases 35A Regulations may prohibit terms from being included in licence relating to airport lease 35B Regulations may require terms to be included in licence relating to airport lease 35C Regulations may prohibit declaration of trust in respect of licence relating to airport lease 35D Regulations may provide that a beneficial interest in a licence relating to an airport lease must not be transferred independently of the legal interest 35E Termination of sublease or licence otherwise than under this Subdivision 35F Compensation—constitutional safety‑net Division 7—Lands Acquisition Act 1989 not to apply to anything done under this Part 36 Lands Acquisition Act 1989 not to apply to anything done under this Part Division 8—Entries in title registers 37 Entries in title registers Part 3—Restrictions on ownership of airport‑operator companies Division 1—Simplified outline 38 Simplified outline Division 2—Definitions in Schedule 39 Definitions in Schedule Division 3—49% limit on foreign ownership 40 Meaning of unacceptable foreign‑ownership situation 41 Acquisitions of shares 42 Compliance by airport‑operator company 43 Remedial orders Division 4—5% limit on ownership by airlines of airport‑operator companies for certain airports 44 Meaning of unacceptable airline‑ownership situation 45 Acquisitions of shares 46 Compliance by airport‑operator company 47 Remedial orders Division 5—Limits on cross‑ownership of pairs of airport‑operator companies Subdivision A—Simplified outline 48 Simplified outline Subdivision B—Pairs of airport‑operator companies 49 Pairs of airport‑operator companies Subdivision C—15% limit on cross‑ownership 50 Meaning of unacceptable cross‑ownership situation 51 Acquisitions of shares 52 Compliance by airport‑operator companies 53 Remedial orders Subdivision D—Practical control 54 Meaning of control 55 Minister may declare person to have practical control of an airport‑operator company 56 Requirement to relinquish practical control or reduce stake 57 Remedial orders Division 6—Head office of airport‑operator company and citizenship/residency of directors of airport‑operator company 58 Head office to be in Australia 59 Majority of directors must be Australian citizens or Australian residents Division 7—Record‑keeping and giving of information 60 Record‑keeping and giving of information Division 8—Concurrent operation of State laws 61 Concurrent operation of State laws Division 9—Validity of acts done in contravention of this Part 62 Validity of acts done in contravention of this Part Division 10—Acquisition of property 63 Acquisition of property Part 4—Anti‑avoidance 64 Simplified outline 65 Anti‑avoidance—assets etc. 66 Anti‑avoidance—airport‑management agreements Part 5—Land use, planning and building controls Division 1—Simplified outline 67 Simplified outline Division 2—Scope of Part 68 Airports to which Part applies Division 3—Airport master plans 69 Simplified outline 70 Final master plans 71 Contents of draft or final master plan 71A Draft or final master plan must identify proposed sensitive developments 72 Planning period 73 Assumption of continuity of lease 74 Plan does not lapse when lease transferred 75 Draft master plan to be given to Minister after acquisition or grant of airport lease 76 New draft master plan to be submitted before expiry of old plan 77 Duration of final master plan 78 Replacement of final master plan 79 Public comment and advice to State etc. 80 Consultations 80A Minister may request more material for making decision 81 Approval of draft by Minister 81A Approval of final master plan—Sydney West Airport 82 Transfer of airport lease during approval process 83 Effect of approval 83A Compliance with environment strategy in final master plan 84 Minor variation of final master plan 84AA Minor variation of final master plan—Sydney West Airport 84A Public comment and advice to State etc.—minor variation 85 Notification of matters that may affect the achievement of final master plan 86 Publication of final master plan or variation of final master plan 87 Transitional—adoption of FAC documents Division 4—Major development plans Subdivision A—Introduction 88 Simplified outline 89 Meaning of major airport development Subdivision B—Sensitive developments 89A Sensitive development prohibited except in exceptional circumstances Subdivision C—Approval process 90 Major airport development must not be carried out except in accordance with an approved major development plan etc. 91 Contents of major development plan 92 Public comment and advice to State etc. 93 Consultations 93A Minister may request more material for making decision 94 Approval of major development plan by Minister 94AA Approval of major development plan—Sydney West Airport 94A Examples of conditions 95 Minor variation of major development plan 95AA Minor variation of major development plan—Sydney West Airport 95A Public comment and advice to State etc.—minor variation 96 Publication of major development plan or variation of major development plan 96AA Cessation of approval of major development plan in exceptional circumstances Division 4A—Airport plan for Sydney West Airport 96A Simplified outline of this Division 96B Determination of airport plan for Sydney West Airport 96C Contents of airport plan 96D Variation of airport plan 96E Automatic variation of airport plan etc. 96F Publication of airport plan etc. 96G Exemption from Parts 3 and 9 of the Environment Protection and Biodiversity Conservation Act 1999 96H Major development plan 96J Compliance with condition set out in airport plan 96K Implementation of airport plan 96L Ancillary developments on associated sites 96M Meaning of development Division 5—Building control Subdivision A—Simplified outline 97 Simplified outline Subdivision B—Interpretation 98 Interpretation Subdivision C—Building approvals 99 Building activities not to be carried out without approval 100 Regulations about building approvals 101 Building approval to be consistent with final master plan and major development plan etc. 102 Offence of contravening conditions 103 Remedial directions 103A Designated SWA instrument 103B Building activities on associated sites for Sydney West Airport Subdivision D—Certificates of compliance 104 Certificates of compliance 105 Eligible alterations 106 Requirement for certificate of compliance 107 Regulations about certificates of compliance 108 Offence of contravening conditions 109 Remedial directions 110 Transitional—buildings and structures in existence when airport lease first granted Division 6—Miscellaneous 111 Infringement notices 112 Exclusion of State laws 112A Exclusion of Part III of Australian Capital Territory (Planning and Land Management) Act 112B Sydney West Airport completion day Part 6—Environmental management Division 1—Simplified outline 113 Simplified outline Division 3—Environmental standards at airports 131A Airports to which Division applies 131B Offence resulting in serious environmental harm 131C Offence resulting in material environmental harm 131D Offence resulting in environmental nuisance 131E Alternative verdicts—offence against section 131B or 131C 132 Regulations about environmental standards at airports 133 Regulations about monitoring, and remedying breaches of, environmental standards at airports 134 Remedying breaches of environmental standards—recovery of expenses by airport‑operator company 135 Remedying breaches of environmental standards—recovery of expenses by the Commonwealth 136 Operation of State laws 137 Severability Division 4—Infringement notices 138 Infringement notices Part 7—Accounts and reports of airport‑operator companies Division 1—Simplified outline 139 Simplified outline Division 2—Scope of Part 140 Airports to which Part applies Division 3—Accounts 141 Preparation and retention of accounts 142 Audit of accounts 143 Lodgment of accounts with the ACCC 143A Publication of accounts and statements 144 Approved auditor Division 4—Airport reports 145 Airport reports 145A Publication of airport reports Division 5—Record‑keeping 146 Record‑keeping Division 6—Protection of documents given to the ACCC 147 Protection of documents given to the ACCC Division 7—Part supplements the Competition and Consumer Act 2010 148 Part supplements the Competition and Consumer Act 2010 Division 8—Concurrent operation of State laws 149 Concurrent operation of State laws Part 8—Quality of service monitoring and reporting Division 1—Simplified outline 150 Simplified outline Division 2—Scope of Part 151 Airports to which Part applies 152 Airport services and facilities Division 4—ACCC to monitor quality of services and facilities 155 ACCC to monitor quality of services and facilities Division 5—Record‑keeping and giving of information 156 Record‑keeping and giving of information Division 6—ACCC may publish quality of service information 157 Publication of quality of service information Division 7—Protection of information given to the ACCC 158 Protection of information given to the ACCC Division 8—Part supplements the Competition and Consumer Act 2010 159 Part supplements the Competition and Consumer Act 2010 Part 9—Variation and closure of airport sites 160 Simplified outline 161 Variation of airport sites—consent of lessee 162 Closure of airport sites 163 Surrender of airport leases 163A Variation of airport lease—reducing leased area Part 10—Implementation of international agreements relating to airports 164 Simplified outline 165 Designated international agreements 166 Regulations may give effect to designated international agreements 167 Compliance by airport operators with regulations Part 11—Control of certain on‑airport activities 168 Simplified outline 169 Airports to which Part applies 170 Control of liquor 171 Control of commercial trading 172 Control of vehicle movements 173 Control of gambling 174 Control of smoking 175 Enforcement 176 Infringement notices 177 Operation of State laws 178 Submissions Part 12—Protection of airspace around airports Division 1—Simplified outline 179 Simplified outline Division 2—Scope of Part 180 Airports to which Part applies Division 3—Prescribed airspace 181 Prescribed airspace Division 4—Protection of prescribed airspace 182 Controlled activities 183 Controlled activities not to be carried out without approval 184 Regulations about approvals 185 Offence of contravening conditions 186 Notification of proposals to carry out controlled activities 187 Remedial orders 188 Compensation—constitutional safety‑net 189 Severability Division 5—Part supplements regulations under the Civil Aviation Act 1988 190 Part supplements regulations under the Civil Aviation Act 1988 Part 13—Access to airports and demand management at airports Division 1—Simplified outline 191 Simplified outline Division 2—Application of the access regime in Part IIIA of the Competition and Consumer Act 2010 193 Part IIIA of the Competition and Consumer Act 2010 to be subject to the demand management provisions of this Part Division 3—Scope of demand management provisions 194 Scope of demand management provisions Division 4—Airport capacity declarations 195 Airport capacity declarations 196 Public comment 197 Submissions Division 5—Declarations subjecting airports to statutory demand management 198 Declarations subjecting airports to statutory demand management 199 Criteria for making declaration 200 Submissions Division 6—Demand management schemes 201 Demand management schemes 202 Submissions 203 Types of schemes 204 Category exclusion schemes 205 Slot allocation schemes 206 Movement limitation schemes 207 Concurrent schemes Division 7—Compliance with demand management schemes 208 Compliance with demand management schemes 209 Infringement notices Division 8—Part supplements Sydney Airport Curfew Act and Air Navigation Regulations 210 Part supplements Sydney Airport Curfew Act 211 Part supplements Air Navigation Regulations Division 9—Intervals of time 212 Recurring intervals of time 213 Specification of 2 or more intervals of time Division 10—Severability 214 Severability Part 14—Air traffic services and aerodrome rescue and fire fighting services 215 Simplified outline 216 Air traffic services, and aerodrome rescue and fire fighting services, not to be provided without approval Part 15—Injunctions 217 Simplified outline 218 Injunctions 219 Interim injunctions 220 Discharge etc. of injunctions 221 Certain limits on granting injunctions not to apply 222 Other powers of the court unaffected Part 16—Prosecutions 223 Simplified outline 224 Prosecutions of corporations 225 Prosecutions of persons other than corporations Part 17—Incorrect records 226 Simplified outline 228 Incorrect records 230 Incorrect accounts and statements 231 False or misleading audit certificates Part 18—Monitoring powers 232 Simplified outline 233 Authorised officers 234 Identity cards 235 Searches to monitor compliance with Part 5 or 6—occupier consents 236 Monitoring warrants 237 Power to require persons to answer questions etc. 238 Monitoring powers 239 Airport premises 240 References to Part 5 or 6 Part 19—Miscellaneous 241 Simplified outline 242 Review of decisions by Administrative Review Tribunal 243 Tabling of Ministerial statements about certain decisions 244 Delegation 245 Indictable offences 246 Constitutional corporations 247 Severability 248 Application of the Competition and Consumer Act 2010 249 Relocation of abandoned aircraft etc. 250 Access to airports for defence‑related purposes and for emergency or disaster relief 251 Compensation for access to airports for defence‑related purposes and for emergency or disaster relief 251A Sydney West Airport—miscellaneous provisions 251B Regulations declaring airport site 252 Regulations 253 Repeals Schedule—Ownership definitions 1 Object 2 Definitions 3 When foreign citizens are ordinarily resident in Australia 4 Entering into an agreement or arrangement 5 Associates 6 Power to appoint director 7 Meaning of entitled to acquire 8 Meaning of interest in a share 9 Certain interests and stakes to be disregarded 10 Voting power 11 Stake in a company 12 Direct control interests in a company 13 Substantial interests in trust estates 14 Airport holding companies in which foreign persons have direct control interests Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history