{"id":"qld:act-2008-046","name":"Airport Assets (Restructuring and Disposal) Act 2008","slug":"airport-assets-restructuring-and-disposal-act-2008","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"46 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30182,"registerId":"qld-act-2008-046-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Airport Assets (Restructuring and Disposal) Act 2008 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThe following provisions commence on a day to be fixed by proclamation—\nsection 130 ;\nchapter 7 , part 7 , division 3 .\n- (a) section 130 ;\n- (b) chapter 7 , part 7 , division 3 .","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purposes of Act","content":"### sec.3 Main purposes of Act\n\nThe main purposes of this Act are—\nto facilitate the carrying out of a project relating to the disposal of interests in airports at Cairns, Mackay and Brisbane; and\nto establish a planning regime for airport land at Cairns and Mackay; and\nto provide for particular matters about the continuing operation of airports at Cairns and Mackay.\nIt is the intention of the Parliament that the funds realised from the divestment of airport assets under this Act be applied towards health and other regional infrastructure and that any surplus be retained in the Queensland future growth fund for investment in future regional infrastructure.\n(sec.3-ssec.1) The main purposes of this Act are— to facilitate the carrying out of a project relating to the disposal of interests in airports at Cairns, Mackay and Brisbane; and to establish a planning regime for airport land at Cairns and Mackay; and to provide for particular matters about the continuing operation of airports at Cairns and Mackay.\n(sec.3-ssec.2) It is the intention of the Parliament that the funds realised from the divestment of airport assets under this Act be applied towards health and other regional infrastructure and that any surplus be retained in the Queensland future growth fund for investment in future regional infrastructure.\n- (a) to facilitate the carrying out of a project relating to the disposal of interests in airports at Cairns, Mackay and Brisbane; and\n- (b) to establish a planning regime for airport land at Cairns and Mackay; and\n- (c) to provide for particular matters about the continuing operation of airports at Cairns and Mackay.","sortOrder":3},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"The project","content":"### sec.5 The project\n\nThe project is—\ndisposing of particular airport businesses, assets and liabilities of Cairns Ports and Mackay Ports; and\ntaking steps to facilitate the disposal mentioned in paragraph (a) , including by—\nrestructuring businesses, assets and liabilities of Cairns Ports and Mackay Ports, their subsidiaries and other airport entities; and\ndisposing of airport entities: and\ndisposing of shares in BAC Holdings held by Gateway; and\ntaking other steps relating to the disposal of Gateway’s interest in BAC Holdings, including—\nrestructuring Gateway and its assets for the purpose of the disposal; and\nfacilitating agreement about the terms of a shareholders deed of covenant and facilitating execution of the deed; and\ndisposing of shares in Gateway held by POBC, and taking steps to facilitate that disposal.\n- (a) disposing of particular airport businesses, assets and liabilities of Cairns Ports and Mackay Ports; and\n- (b) taking steps to facilitate the disposal mentioned in paragraph (a) , including by— (i) restructuring businesses, assets and liabilities of Cairns Ports and Mackay Ports, their subsidiaries and other airport entities; and (ii) disposing of airport entities: and\n- (i) restructuring businesses, assets and liabilities of Cairns Ports and Mackay Ports, their subsidiaries and other airport entities; and\n- (ii) disposing of airport entities: and\n- (c) disposing of shares in BAC Holdings held by Gateway; and\n- (d) taking other steps relating to the disposal of Gateway’s interest in BAC Holdings, including— (i) restructuring Gateway and its assets for the purpose of the disposal; and (ii) facilitating agreement about the terms of a shareholders deed of covenant and facilitating execution of the deed; and\n- (i) restructuring Gateway and its assets for the purpose of the disposal; and\n- (ii) facilitating agreement about the terms of a shareholders deed of covenant and facilitating execution of the deed; and\n- (e) disposing of shares in Gateway held by POBC, and taking steps to facilitate that disposal.\n- (i) restructuring businesses, assets and liabilities of Cairns Ports and Mackay Ports, their subsidiaries and other airport entities; and\n- (ii) disposing of airport entities: and\n- (i) restructuring Gateway and its assets for the purpose of the disposal; and\n- (ii) facilitating agreement about the terms of a shareholders deed of covenant and facilitating execution of the deed; and","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Airport entities","content":"### sec.6 Airport entities\n\nEach of the following is an airport entity —\nCairns Ports;\nMackay Ports;\nPOBC;\nGateway;\nQIC;\nQIC Infrastructure Management as trustee for QIC Brisbane Airport Infrastructure Trust;\nQTH;\na company of which Cairns Ports, Mackay Ports, POBC or QIC is the ultimate holding company;\na government company established for the project;\na company that was an airport entity under paragraph (h) , all of whose shares have been transferred to the State, to QTH or to a government company mentioned in paragraph (i) .\n- (a) Cairns Ports;\n- (b) Mackay Ports;\n- (c) POBC;\n- (d) Gateway;\n- (e) QIC;\n- (f) QIC Infrastructure Management as trustee for QIC Brisbane Airport Infrastructure Trust;\n- (g) QTH;\n- (h) a company of which Cairns Ports, Mackay Ports, POBC or QIC is the ultimate holding company;\n- (i) a government company established for the project;\n- (j) a company that was an airport entity under paragraph (h) , all of whose shares have been transferred to the State, to QTH or to a government company mentioned in paragraph (i) .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Airport land","content":"### sec.7 Airport land\n\nAirport land is land that is Cairns airport land or Mackay airport land.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Cairns airport land","content":"### sec.8 Cairns airport land\n\nThe following land is Cairns airport land —\nland that, on the completion day for Cairns International Airport, has a property description mentioned in schedule 1 , part 1 ;\nland prescribed to be Cairns airport land under a regulation for this section.\nHowever, land is not Cairns airport land if it is prescribed under a regulation for this section not to be Cairns airport land.\nThe Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) (b) unless the Minister is satisfied the land is or will be used in connection with Cairns International Airport.\nSubject to subsection (2) , land mentioned in subsection (1) (a) continues to be Cairns airport land even if, after the completion day, it has a different property description.\nTo remove any doubt, it is declared that there is no Cairns airport land until the completion day for Cairns International Airport.\n(sec.8-ssec.1) The following land is Cairns airport land — land that, on the completion day for Cairns International Airport, has a property description mentioned in schedule 1 , part 1 ; land prescribed to be Cairns airport land under a regulation for this section.\n(sec.8-ssec.2) However, land is not Cairns airport land if it is prescribed under a regulation for this section not to be Cairns airport land.\n(sec.8-ssec.3) The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) (b) unless the Minister is satisfied the land is or will be used in connection with Cairns International Airport.\n(sec.8-ssec.4) Subject to subsection (2) , land mentioned in subsection (1) (a) continues to be Cairns airport land even if, after the completion day, it has a different property description.\n(sec.8-ssec.5) To remove any doubt, it is declared that there is no Cairns airport land until the completion day for Cairns International Airport.\n- (a) land that, on the completion day for Cairns International Airport, has a property description mentioned in schedule 1 , part 1 ;\n- (b) land prescribed to be Cairns airport land under a regulation for this section.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Mackay airport land","content":"### sec.9 Mackay airport land\n\nThe following land is Mackay airport land —\nland that, on the completion day for Mackay Airport, has a property description mentioned in schedule 1 , part 2 ;\nland prescribed to be Mackay airport land under a regulation for this section.\nHowever, land is not Mackay airport land if it is prescribed under a regulation for this section not to be Mackay airport land.\nThe Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) (b) unless the Minister is satisfied the land is or will be used in connection with Mackay Airport.\nSubject to subsection (2) , land mentioned in subsection (1) (a) continues to be Mackay airport land even if, after the completion day, it has a different property description.\nTo remove any doubt, it is declared that there is no Mackay airport land until the completion day for Mackay Airport.\n(sec.9-ssec.1) The following land is Mackay airport land — land that, on the completion day for Mackay Airport, has a property description mentioned in schedule 1 , part 2 ; land prescribed to be Mackay airport land under a regulation for this section.\n(sec.9-ssec.2) However, land is not Mackay airport land if it is prescribed under a regulation for this section not to be Mackay airport land.\n(sec.9-ssec.3) The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) (b) unless the Minister is satisfied the land is or will be used in connection with Mackay Airport.\n(sec.9-ssec.4) Subject to subsection (2) , land mentioned in subsection (1) (a) continues to be Mackay airport land even if, after the completion day, it has a different property description.\n(sec.9-ssec.5) To remove any doubt, it is declared that there is no Mackay airport land until the completion day for Mackay Airport.\n- (a) land that, on the completion day for Mackay Airport, has a property description mentioned in schedule 1 , part 2 ;\n- (b) land prescribed to be Mackay airport land under a regulation for this section.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"References to functions","content":"### sec.10 References to functions\n\nIn this Act—\na reference to a function includes a power; and\na reference to performing a function includes exercising a power.\n- (a) a reference to a function includes a power; and\n- (b) a reference to performing a function includes exercising a power.","sortOrder":11},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Particular Ministerial powers and activities relating to the project","content":"# Particular Ministerial powers and activities relating to the project","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Associated activities","content":"### sec.11 Associated activities\n\nFor the purpose of the project, the Minister may do any of the following—\nexamine a business, asset or liability of an airport entity, including a record relating to a business, asset or liability;\ndecide the most appropriate way of restructuring a business, asset or liability of an airport entity, including by deciding whether or not a business, asset or liability of an airport entity is to be transferred to another airport entity;\ndecide the most appropriate way of disposing of an airport entity or of a business, asset or liability of an airport entity;\nanything else necessary or incidental to facilitate the disposal of an airport entity or of a business, asset or liability of an airport entity or the continuing operation of an airport entity.\n- (a) examine a business, asset or liability of an airport entity, including a record relating to a business, asset or liability;\n- (b) decide the most appropriate way of restructuring a business, asset or liability of an airport entity, including by deciding whether or not a business, asset or liability of an airport entity is to be transferred to another airport entity;\n- (c) decide the most appropriate way of disposing of an airport entity or of a business, asset or liability of an airport entity;\n- (d) anything else necessary or incidental to facilitate the disposal of an airport entity or of a business, asset or liability of an airport entity or the continuing operation of an airport entity.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Transfer notice","content":"### sec.12 Transfer notice\n\nFor the purpose of the project, the Minister may, by gazette notice (a transfer notice ), do any of the following—\ntransfer shares in an airport entity to another airport entity or the State;\ntransfer a business, asset or liability of an airport entity to another airport entity or the State;\nmake provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ;\ngrant a lease, easement or other right to an airport entity;\nvary or extinguish a lease, easement or other right held by an airport entity;\nin relation to a lease held under the Land Act 1994 —\ntransfer the lease; or\nchange a purpose for which the lease is issued; or\nchange a condition imposed on the lease; or\ngrant a sublease;\nin relation to a reserve under the Land Act 1994 —\nchange a community purpose for which the reserve is dedicated; or\nremove a trustee of the reserve; or\nappoint a trustee of the reserve, subject to conditions or without conditions;\nprovide whether and, if so, the extent to which an airport entity is the successor in law of another airport entity or the State is the successor in law of an airport entity;\nmake provision for a legal proceeding that is being, or may be, taken by or against an airport entity to be continued or taken by or against another airport entity or the State;\nmake provision about the application of instruments to an airport entity, including—\nwhether an airport entity is a party to an instrument; and\nwhether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of an airport entity; and\nwhether a reference to an entity in an instrument is a reference to an airport entity; and\nwhether, under an instrument, an amount is or may become payable to or by an airport entity or other property is, or may be, transferred to or by an airport entity; and\nwhether a right or entitlement under an instrument is held by an airport entity;\nprovide that—\nan instrument is a shareholders deed of covenant; and\na party to the BACH Shareholders Agreement or a holder of shares in BAC Holdings is a party to the instrument;\nmake provision for the transfer or secondment of an employee of an airport entity to another airport entity;\nmake provision about the employees of an airport entity and their rights;\nmake provision about the records of an airport entity;\nmake provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the project.\nA transfer notice may include conditions applying to something done or to be done under the notice.\nIf the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—\nsigned by the Minister; and\nkept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\nThe transfer of a liability of an airport entity under a transfer notice discharges the entity from the liability, except to the extent stated in the notice.\nA transfer notice has effect despite any other law or instrument.\nA transfer notice removing a trustee of a reserve under the Land Act 1994 has effect despite the requirements that would otherwise apply to the removal if it were done by the land Minister under section 51 (1) of that Act.\nA transfer notice has effect on the day it is published in the gazette or a later day stated in it.\nIf a transfer notice makes provision for a matter under subsection (1) (j) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—\nupdating a register or other record; and\namending, cancelling or issuing an instrument.\nIn this section—\nauthority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan.\nemployee , of an airport entity, does not include a director of the entity.\ninstrument includes an application or authority under an Act.\nland Minister means the Minister administering the Land Act 1994 .\nlease includes sublease.\nresponsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\n(sec.12-ssec.1) For the purpose of the project, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer shares in an airport entity to another airport entity or the State; transfer a business, asset or liability of an airport entity to another airport entity or the State; make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ; grant a lease, easement or other right to an airport entity; vary or extinguish a lease, easement or other right held by an airport entity; in relation to a lease held under the Land Act 1994 — transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a community purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which an airport entity is the successor in law of another airport entity or the State is the successor in law of an airport entity; make provision for a legal proceeding that is being, or may be, taken by or against an airport entity to be continued or taken by or against another airport entity or the State; make provision about the application of instruments to an airport entity, including— whether an airport entity is a party to an instrument; and whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of an airport entity; and whether a reference to an entity in an instrument is a reference to an airport entity; and whether, under an instrument, an amount is or may become payable to or by an airport entity or other property is, or may be, transferred to or by an airport entity; and whether a right or entitlement under an instrument is held by an airport entity; provide that— an instrument is a shareholders deed of covenant; and a party to the BACH Shareholders Agreement or a holder of shares in BAC Holdings is a party to the instrument; make provision for the transfer or secondment of an employee of an airport entity to another airport entity; make provision about the employees of an airport entity and their rights; make provision about the records of an airport entity; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the project.\n(sec.12-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice.\n(sec.12-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n(sec.12-ssec.4) The transfer of a liability of an airport entity under a transfer notice discharges the entity from the liability, except to the extent stated in the notice.\n(sec.12-ssec.5) A transfer notice has effect despite any other law or instrument. A transfer notice removing a trustee of a reserve under the Land Act 1994 has effect despite the requirements that would otherwise apply to the removal if it were done by the land Minister under section 51 (1) of that Act.\n(sec.12-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it.\n(sec.12-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (j) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument.\n(sec.12-ssec.8) In this section— authority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. employee , of an airport entity, does not include a director of the entity. instrument includes an application or authority under an Act. land Minister means the Minister administering the Land Act 1994 . lease includes sublease. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\n- (a) transfer shares in an airport entity to another airport entity or the State;\n- (b) transfer a business, asset or liability of an airport entity to another airport entity or the State;\n- (c) make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ;\n- (d) grant a lease, easement or other right to an airport entity;\n- (e) vary or extinguish a lease, easement or other right held by an airport entity;\n- (f) in relation to a lease held under the Land Act 1994 — (i) transfer the lease; or (ii) change a purpose for which the lease is issued; or (iii) change a condition imposed on the lease; or (iv) grant a sublease;\n- (i) transfer the lease; or\n- (ii) change a purpose for which the lease is issued; or\n- (iii) change a condition imposed on the lease; or\n- (iv) grant a sublease;\n- (g) in relation to a reserve under the Land Act 1994 — (i) change a community purpose for which the reserve is dedicated; or (ii) remove a trustee of the reserve; or (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (i) change a community purpose for which the reserve is dedicated; or\n- (ii) remove a trustee of the reserve; or\n- (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (h) provide whether and, if so, the extent to which an airport entity is the successor in law of another airport entity or the State is the successor in law of an airport entity;\n- (i) make provision for a legal proceeding that is being, or may be, taken by or against an airport entity to be continued or taken by or against another airport entity or the State;\n- (j) make provision about the application of instruments to an airport entity, including— (i) whether an airport entity is a party to an instrument; and (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of an airport entity; and (iii) whether a reference to an entity in an instrument is a reference to an airport entity; and (iv) whether, under an instrument, an amount is or may become payable to or by an airport entity or other property is, or may be, transferred to or by an airport entity; and (v) whether a right or entitlement under an instrument is held by an airport entity;\n- (i) whether an airport entity is a party to an instrument; and\n- (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of an airport entity; and\n- (iii) whether a reference to an entity in an instrument is a reference to an airport entity; and\n- (iv) whether, under an instrument, an amount is or may become payable to or by an airport entity or other property is, or may be, transferred to or by an airport entity; and\n- (v) whether a right or entitlement under an instrument is held by an airport entity;\n- (k) provide that— (i) an instrument is a shareholders deed of covenant; and (ii) a party to the BACH Shareholders Agreement or a holder of shares in BAC Holdings is a party to the instrument;\n- (i) an instrument is a shareholders deed of covenant; and\n- (ii) a party to the BACH Shareholders Agreement or a holder of shares in BAC Holdings is a party to the instrument;\n- (l) make provision for the transfer or secondment of an employee of an airport entity to another airport entity;\n- (m) make provision about the employees of an airport entity and their rights;\n- (n) make provision about the records of an airport entity;\n- (o) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the project.\n- (i) transfer the lease; or\n- (ii) change a purpose for which the lease is issued; or\n- (iii) change a condition imposed on the lease; or\n- (iv) grant a sublease;\n- (i) change a community purpose for which the reserve is dedicated; or\n- (ii) remove a trustee of the reserve; or\n- (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (i) whether an airport entity is a party to an instrument; and\n- (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of an airport entity; and\n- (iii) whether a reference to an entity in an instrument is a reference to an airport entity; and\n- (iv) whether, under an instrument, an amount is or may become payable to or by an airport entity or other property is, or may be, transferred to or by an airport entity; and\n- (v) whether a right or entitlement under an instrument is held by an airport entity;\n- (i) an instrument is a shareholders deed of covenant; and\n- (ii) a party to the BACH Shareholders Agreement or a holder of shares in BAC Holdings is a party to the instrument;\n- (a) signed by the Minister; and\n- (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n- (a) updating a register or other record; and\n- (b) amending, cancelling or issuing an instrument.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Limitation on power to second employees of an airport entity","content":"### sec.13 Limitation on power to second employees of an airport entity\n\nThe secondment of an employee under a transfer notice must not, without the employee’s consent, involve—\na reduction in the employee’s status; or\nany change in the employee’s duties that would be unreasonable having regard to the employee’s skills, abilities and experience.\nAn employee’s status is not reduced for the purposes of subsection (1) (a) by—\na reduction in the scope of the business operations for which the employee is responsible; or\na reduction in the number of employees under the employee’s supervision or management;\nif the employee’s functions in their general nature remain the same as, or similar to, the employee’s functions before secondment.\n(sec.13-ssec.1) The secondment of an employee under a transfer notice must not, without the employee’s consent, involve— a reduction in the employee’s status; or any change in the employee’s duties that would be unreasonable having regard to the employee’s skills, abilities and experience.\n(sec.13-ssec.2) An employee’s status is not reduced for the purposes of subsection (1) (a) by— a reduction in the scope of the business operations for which the employee is responsible; or a reduction in the number of employees under the employee’s supervision or management; if the employee’s functions in their general nature remain the same as, or similar to, the employee’s functions before secondment.\n- (a) a reduction in the employee’s status; or\n- (b) any change in the employee’s duties that would be unreasonable having regard to the employee’s skills, abilities and experience.\n- (a) a reduction in the scope of the business operations for which the employee is responsible; or\n- (b) a reduction in the number of employees under the employee’s supervision or management;","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Project direction","content":"### sec.14 Project direction\n\nThe Minister may give a direction (a project direction ) to an airport entity or its board requiring the entity or board to do something the Minister considers necessary or convenient for effectively carrying out the project.\nWithout limiting subsection (1) , a project direction may be about—\nforming a company for the purpose of transferring a business, asset or liability to the company; or\nwinding up or deregistering a company; or\nmaking or executing an instrument; or\nmaking a particular decision about disposing of an interest held in an airport entity or a business, asset or liability; or\nmaking a particular decision for the purpose of returning the proceeds of a disposal mentioned in paragraph (d) to the State; or\na decision about a dividend or return of capital\ndisclosing information.\nA project direction must be in writing, signed by the Minister.\nAn airport entity must comply with a project direction given to it.\nAn airport entity’s board must—\nif a project direction is given to the board—comply with the direction; or\nif a project direction is given to the entity—take the action necessary to ensure the entity complies with the direction.\nAn airport entity’s employees must help the entity or board to comply with a project direction given to the entity or board.\nThis section does not apply to QIC, QIC Infrastructure Management or their boards.\n(sec.14-ssec.1) The Minister may give a direction (a project direction ) to an airport entity or its board requiring the entity or board to do something the Minister considers necessary or convenient for effectively carrying out the project.\n(sec.14-ssec.2) Without limiting subsection (1) , a project direction may be about— forming a company for the purpose of transferring a business, asset or liability to the company; or winding up or deregistering a company; or making or executing an instrument; or making a particular decision about disposing of an interest held in an airport entity or a business, asset or liability; or making a particular decision for the purpose of returning the proceeds of a disposal mentioned in paragraph (d) to the State; or a decision about a dividend or return of capital disclosing information.\n(sec.14-ssec.3) A project direction must be in writing, signed by the Minister.\n(sec.14-ssec.4) An airport entity must comply with a project direction given to it.\n(sec.14-ssec.5) An airport entity’s board must— if a project direction is given to the board—comply with the direction; or if a project direction is given to the entity—take the action necessary to ensure the entity complies with the direction.\n(sec.14-ssec.6) An airport entity’s employees must help the entity or board to comply with a project direction given to the entity or board.\n(sec.14-ssec.7) This section does not apply to QIC, QIC Infrastructure Management or their boards.\n- (a) forming a company for the purpose of transferring a business, asset or liability to the company; or\n- (b) winding up or deregistering a company; or\n- (c) making or executing an instrument; or\n- (d) making a particular decision about disposing of an interest held in an airport entity or a business, asset or liability; or\n- (e) making a particular decision for the purpose of returning the proceeds of a disposal mentioned in paragraph (d) to the State; or Example— a decision about a dividend or return of capital\n- (f) disclosing information.\n- (a) if a project direction is given to the board—comply with the direction; or\n- (b) if a project direction is given to the entity—take the action necessary to ensure the entity complies with the direction.","sortOrder":16},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Application of other laws and instruments","content":"# Application of other laws and instruments","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Chapter applies despite other laws and instruments","content":"### sec.15 Chapter applies despite other laws and instruments\n\nA thing may be done under this chapter despite any other law or instrument.\nIn accordance with a project direction given to its board, a GOC may form a company that will become a subsidiary without obtaining the approval that would otherwise be required under the Government Owned Corporations Act 1993 , section 163 .","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Excluded matter for Corporations Act","content":"### sec.16 Excluded matter for Corporations Act\n\nAnything done by the Minister under this chapter is an excluded matter for the Corporations Act , section 5F , in relation to the Corporations Act , chapter 2D .","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Non-liability for duty","content":"### sec.17 Non-liability for duty\n\nNo duty under the Duties Act 2001 is payable in relation to anything done under a transfer notice.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Non-application of Property Law Act 2023 , s 142","content":"### sec.18 Non-application of Property Law Act 2023 , s 142\n\nThe Property Law Act 2023 , section 142 , does not apply to a lease of airport land granted by an airport lessor.\ns 18 amd 2023 No. 27 s 289 sch 3","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Disposal of public records","content":"### sec.19 Disposal of public records\n\nThis section applies if—\na thing is done under a transfer notice or project direction; and\nthe thing is, or involves, a disposal of a public record under the Public Records Act 2023 .\nTo remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.\ns 19 amd 2023 No. 33 s 107 sch 5\n(sec.19-ssec.1) This section applies if— a thing is done under a transfer notice or project direction; and the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .\n(sec.19-ssec.2) To remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.\n- (a) a thing is done under a transfer notice or project direction; and\n- (b) the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Decisions not reviewable","content":"### sec.20 Decisions not reviewable\n\nA decision under this chapter—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\nIn this section—\ndecision includes—\na decision to give a transfer notice or project direction; and\na decision or conduct leading up to or forming part of the process of making a decision.\n(sec.20-ssec.1) A decision under this chapter— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.20-ssec.2) In this section— decision includes— a decision to give a transfer notice or project direction; and a decision or conduct leading up to or forming part of the process of making a decision.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\n- (a) a decision to give a transfer notice or project direction; and\n- (b) a decision or conduct leading up to or forming part of the process of making a decision.","sortOrder":23},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Time within which Minister may act","content":"### sec.21 Time within which Minister may act\n\nThe Minister may not perform a function under this chapter on or after 1 July 2009.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Registering authority to note transfer or other dealing","content":"### sec.22 Registering authority to note transfer or other dealing\n\nThe registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities—\nmay, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and\nmust, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee entity.\nA transaction, related to an asset or liability transferred to a transferee entity, entered into by the transferee entity in the relevant transferor entity’s name or the name of a predecessor in title to the relevant transferor entity, if effected by an instrument otherwise in registrable form, must be registered even though the transferee entity has not been registered as proprietor of the asset or liability.\nIf an asset or liability is registered in the name of a transferor entity, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice.\nIn this section—\ntransferee entity means the entity to which an asset or liability is transferred under a transfer notice.\ntransferor entity means the entity from which an asset or liability is transferred under a transfer notice.\n(sec.22-ssec.1) The registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities— may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and must, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee entity.\n(sec.22-ssec.2) A transaction, related to an asset or liability transferred to a transferee entity, entered into by the transferee entity in the relevant transferor entity’s name or the name of a predecessor in title to the relevant transferor entity, if effected by an instrument otherwise in registrable form, must be registered even though the transferee entity has not been registered as proprietor of the asset or liability.\n(sec.22-ssec.3) If an asset or liability is registered in the name of a transferor entity, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice.\n(sec.22-ssec.4) In this section— transferee entity means the entity to which an asset or liability is transferred under a transfer notice. transferor entity means the entity from which an asset or liability is transferred under a transfer notice.\n- (a) may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and\n- (b) must, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee entity.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Confidentiality agreement with prospective purchasers","content":"### sec.23 Confidentiality agreement with prospective purchasers\n\nA prospective purchaser may enter into a confidentiality agreement with the State for the purpose of obtaining access to information in the possession or control of an airport entity.\nThe agreement must state—\nthe information to which access may be given; and\nthe employees or agents of the prospective purchaser to whom the access may be given; and\nany conditions of the agreement.\nInformation mentioned in subsection (2) (a) may be identified by description including by a stated category.\nThe persons mentioned in subsection (2) (b) may be identified by name, by a stated class, or by being a person approved by the State.\nIn this section—\na reference to an agreement includes a deed; and\na reference to entering into an agreement with the State includes executing a deed in favour of the State.\nIn this section—\nprospective purchaser means a person who has expressed to the State an interest in purchasing an airport entity, shares in an airport entity or part or all of a business of an airport entity.\n(sec.23-ssec.1) A prospective purchaser may enter into a confidentiality agreement with the State for the purpose of obtaining access to information in the possession or control of an airport entity.\n(sec.23-ssec.2) The agreement must state— the information to which access may be given; and the employees or agents of the prospective purchaser to whom the access may be given; and any conditions of the agreement.\n(sec.23-ssec.3) Information mentioned in subsection (2) (a) may be identified by description including by a stated category.\n(sec.23-ssec.4) The persons mentioned in subsection (2) (b) may be identified by name, by a stated class, or by being a person approved by the State.\n(sec.23-ssec.5) In this section— a reference to an agreement includes a deed; and a reference to entering into an agreement with the State includes executing a deed in favour of the State.\n(sec.23-ssec.6) In this section— prospective purchaser means a person who has expressed to the State an interest in purchasing an airport entity, shares in an airport entity or part or all of a business of an airport entity.\n- (a) the information to which access may be given; and\n- (b) the employees or agents of the prospective purchaser to whom the access may be given; and\n- (c) any conditions of the agreement.\n- (a) a reference to an agreement includes a deed; and\n- (b) a reference to entering into an agreement with the State includes executing a deed in favour of the State.","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Disclosure and use of information for the project","content":"### sec.24 Disclosure and use of information for the project\n\nA person may disclose information in the possession or control of an airport entity, for the purpose of the project, to—\na person involved in the project; or\na person to whom the information may be given under a confidentiality agreement; or\nan airport entity, or employee or agent of an airport entity.\nAn airport entity or its board must comply with a request by the Minister for the disclosure of information under subsection (1) to a person.\nA person may use information in the possession or control of an airport entity for the purpose of the project.\nAlso, to remove any doubt, it is declared that a person may disclose or use information in compliance with a transfer notice or project direction.\nA person who, acting honestly, discloses or uses information under this section is not liable, civilly, criminally or under an administrative process, for the disclosure or use.\nIn this section—\nconfidentiality agreement means an agreement mentioned in section 23 , whether entered into or executed before or after the commencement of this section.\n(sec.24-ssec.1) A person may disclose information in the possession or control of an airport entity, for the purpose of the project, to— a person involved in the project; or a person to whom the information may be given under a confidentiality agreement; or an airport entity, or employee or agent of an airport entity.\n(sec.24-ssec.2) An airport entity or its board must comply with a request by the Minister for the disclosure of information under subsection (1) to a person.\n(sec.24-ssec.3) A person may use information in the possession or control of an airport entity for the purpose of the project.\n(sec.24-ssec.4) Also, to remove any doubt, it is declared that a person may disclose or use information in compliance with a transfer notice or project direction.\n(sec.24-ssec.5) A person who, acting honestly, discloses or uses information under this section is not liable, civilly, criminally or under an administrative process, for the disclosure or use.\n(sec.24-ssec.6) In this section— confidentiality agreement means an agreement mentioned in section 23 , whether entered into or executed before or after the commencement of this section.\n- (a) a person involved in the project; or\n- (b) a person to whom the information may be given under a confidentiality agreement; or\n- (c) an airport entity, or employee or agent of an airport entity.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.25 Effect on legal relationships\n\nNothing done under this chapter—\nmakes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or\nmakes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\nexcept as expressly provided under a transfer notice, is taken to fulfil a condition that—\nterminates, or allows a person to terminate, an instrument or obligation; or\nmodifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\nallows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; or\nreleases a surety or other obligee, wholly or partly, from an obligation.\nIf, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this chapter, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nA contract entered into by an airport entity provides that the entity agrees not to transfer a particular asset without a particular person’s consent and that, if the consent is given, it may be subject to particular conditions. If the asset is transferred to another airport entity under a transfer notice, the consent required under the contract is taken to have been given unconditionally.\nIf, apart from this subsection, giving notice to a person would be necessary to do something under this chapter, the notice is taken to have been given.\nIn this section—\nrelevant entity means—\nthe State or an employee or agent of the State; or\nan airport entity or an employee or agent of an airport entity.\n(sec.25-ssec.1) Nothing done under this chapter— makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or except as expressly provided under a transfer notice, is taken to fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; or releases a surety or other obligee, wholly or partly, from an obligation.\n(sec.25-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this chapter, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally. A contract entered into by an airport entity provides that the entity agrees not to transfer a particular asset without a particular person’s consent and that, if the consent is given, it may be subject to particular conditions. If the asset is transferred to another airport entity under a transfer notice, the consent required under the contract is taken to have been given unconditionally.\n(sec.25-ssec.3) If, apart from this subsection, giving notice to a person would be necessary to do something under this chapter, the notice is taken to have been given.\n(sec.25-ssec.4) In this section— relevant entity means— the State or an employee or agent of the State; or an airport entity or an employee or agent of an airport entity.\n- (a) makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or\n- (b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\n- (c) except as expressly provided under a transfer notice, is taken to fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; or\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (d) releases a surety or other obligee, wholly or partly, from an obligation.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (a) the State or an employee or agent of the State; or\n- (b) an airport entity or an employee or agent of an airport entity.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Things done under this chapter","content":"### sec.26 Things done under this chapter\n\nTo remove any doubt, it is declared that a thing is taken to be done under this chapter if it is done by, or in compliance with, a transfer notice or project direction, even if the thing includes taking steps under another Act.\nAn airport entity is a lessee of land under the Land Act 1994. In compliance with a project direction, the airport entity grants a sublease of the land. The grant of the sublease is taken to be done under this chapter. So, under section 25 (2) , any approval to the sublease that would otherwise be required under the Land Act 1994 , section 332 , is taken to have been given unconditionally.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Preservation of rights of seconded employees","content":"### sec.27 Preservation of rights of seconded employees\n\nThis section applies if an employee of an airport entity (the employer ) is seconded to another airport entity under a transfer notice.\nThe employee is taken to continue to be employed by the employer on the same terms and conditions as applied before the secondment, subject to any subsequent variation of those terms and conditions under any applicable law or contract.\nThe secondment does not—\naffect the employee’s benefits, entitlements or remuneration; or\nprejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nconstitute a termination of employment by the employer, retrenchment or redundancy.\nThe secondment continues, even if the other airport entity stops being an airport entity, until the secondment is ended by the employer or the employee’s employment with the employer ends.\nIn this section—\nemployee , of an airport entity, does not include a director of the entity.\n(sec.27-ssec.1) This section applies if an employee of an airport entity (the employer ) is seconded to another airport entity under a transfer notice.\n(sec.27-ssec.2) The employee is taken to continue to be employed by the employer on the same terms and conditions as applied before the secondment, subject to any subsequent variation of those terms and conditions under any applicable law or contract.\n(sec.27-ssec.3) The secondment does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment by the employer, retrenchment or redundancy.\n(sec.27-ssec.4) The secondment continues, even if the other airport entity stops being an airport entity, until the secondment is ended by the employer or the employee’s employment with the employer ends.\n(sec.27-ssec.5) In this section— employee , of an airport entity, does not include a director of the entity.\n- (a) affect the employee’s benefits, entitlements or remuneration; or\n- (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) constitute a termination of employment by the employer, retrenchment or redundancy.","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Preservation of rights of transferred employees","content":"### sec.28 Preservation of rights of transferred employees\n\nThis section applies to the transfer of an employee of an airport entity (the former employer ) to another airport entity as part of the project.\nThe transfer does not—\naffect the employee’s benefits, entitlements or remuneration; or\nprejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nconstitute a termination of employment by the former employer, retrenchment or redundancy; or\nentitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or\nrequire the former employer to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.\nIn this section—\nemployee , of an airport entity, does not include a director of the entity.\n(sec.28-ssec.1) This section applies to the transfer of an employee of an airport entity (the former employer ) to another airport entity as part of the project.\n(sec.28-ssec.2) The transfer does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment by the former employer, retrenchment or redundancy; or entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or require the former employer to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.\n(sec.28-ssec.3) In this section— employee , of an airport entity, does not include a director of the entity.\n- (a) affect the employee’s benefits, entitlements or remuneration; or\n- (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) constitute a termination of employment by the former employer, retrenchment or redundancy; or\n- (e) entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or\n- (f) require the former employer to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.","sortOrder":32},{"sectionNumber":"sec.29","sectionType":"section","heading":"Evidentiary aids","content":"### sec.29 Evidentiary aids\n\nThis section applies to a proceeding under this chapter.\nA certificate signed by the Minister stating any of the following matters is conclusive evidence of the matter—\nthat a stated thing was, or is being, done for the purpose of the project;\nthat a stated person is, or was at a stated time, involved in the project;\nthat a stated company was established for the project;\nthat a stated direction given by the Minister related to the project.\nA document certified by the Minister to be a copy of a project direction is conclusive evidence of the direction.\n(sec.29-ssec.1) This section applies to a proceeding under this chapter.\n(sec.29-ssec.2) A certificate signed by the Minister stating any of the following matters is conclusive evidence of the matter— that a stated thing was, or is being, done for the purpose of the project; that a stated person is, or was at a stated time, involved in the project; that a stated company was established for the project; that a stated direction given by the Minister related to the project.\n(sec.29-ssec.3) A document certified by the Minister to be a copy of a project direction is conclusive evidence of the direction.\n- (a) that a stated thing was, or is being, done for the purpose of the project;\n- (b) that a stated person is, or was at a stated time, involved in the project;\n- (c) that a stated company was established for the project;\n- (d) that a stated direction given by the Minister related to the project.","sortOrder":33},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Land use plans for airport land","content":"# Land use plans for airport land","sortOrder":34},{"sectionNumber":"ch.3-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Definitions for pt 1","content":"### sec.30 Definitions for pt 1\n\nIn this part—\ncore matters , in relation to a land use plan (including its preparation), means each of the following matters—\nland use and development;\ncore airport infrastructure;\nvaluable features.\nland use and development , for an area, includes each of the following—\nthe location of, and the relationships between, the land uses in the area;\nthe current effects of land use in the area;\nthe likely effects of any proposed development of the airport land;\nthe accessibility to, and within, the airport land.\nvaluable features includes each of the following, whether terrestrial or aquatic—\nresources or areas that are of ecological significance (such as habitats, wildlife corridors, buffer zones, places supporting biological diversity or resilience, and features contributing to the quality of air, water (including catchments or recharge areas) and soil);\nareas contributing significantly to amenity (such as areas of high scenic value, physical features that form significant visual backdrops or that frame or define places or localities, and attractive built environments);\nareas or places of cultural heritage significance (such as areas or places of indigenous cultural significance, or aesthetic, architectural, historical, scientific, social or technological significance, to the present generation or past or future generations);\nresources or areas of economic value (such as extractive deposits, fishery resources, forestry resources, water resources, sources of renewable and non-renewable energy and good quality agricultural land).\n- (a) land use and development;\n- (b) core airport infrastructure;\n- (c) valuable features.\n- (a) the location of, and the relationships between, the land uses in the area;\n- (b) the current effects of land use in the area;\n- (c) the likely effects of any proposed development of the airport land;\n- (d) the accessibility to, and within, the airport land.\n- (a) resources or areas that are of ecological significance (such as habitats, wildlife corridors, buffer zones, places supporting biological diversity or resilience, and features contributing to the quality of air, water (including catchments or recharge areas) and soil);\n- (b) areas contributing significantly to amenity (such as areas of high scenic value, physical features that form significant visual backdrops or that frame or define places or localities, and attractive built environments);\n- (c) areas or places of cultural heritage significance (such as areas or places of indigenous cultural significance, or aesthetic, architectural, historical, scientific, social or technological significance, to the present generation or past or future generations);\n- (d) resources or areas of economic value (such as extractive deposits, fishery resources, forestry resources, water resources, sources of renewable and non-renewable energy and good quality agricultural land).","sortOrder":36},{"sectionNumber":"ch.3-pt.1-div.2","sectionType":"division","heading":"Airport lessee’s first land use plan","content":"## Airport lessee’s first land use plan","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Notice of first land use plan","content":"### sec.31 Notice of first land use plan\n\nThe Minister must, as soon as practicable after the completion day for each airport, publish notice in the gazette of the land use plan (the first land use plan ) for the airport lessee’s airport land.\nSection 35 , other than section 35 (1) (c) and (d) , applies to the first land use plan.\nThe Minister may act under subsection (1) in relation to a land use plan only if satisfied—\nthe plan satisfactorily deals with the core matters relevant to the plan; and\nState interests will not be adversely affected by the plan.\nThe Minister must give a copy of the gazette notice and the first land use plan to—\nthe airport lessee; and\nthe local government.\nThe local government must make a note on each relevant map in the local government’s planning scheme that—\nidentifies the airport land to which the first land use plan applies; and\nstates that interested persons may obtain details of the land use plan from the airport lessee for the airport land.\ns 31 amd 2016 No. 27 s 12\n(sec.31-ssec.1) The Minister must, as soon as practicable after the completion day for each airport, publish notice in the gazette of the land use plan (the first land use plan ) for the airport lessee’s airport land.\n(sec.31-ssec.2) Section 35 , other than section 35 (1) (c) and (d) , applies to the first land use plan.\n(sec.31-ssec.3) The Minister may act under subsection (1) in relation to a land use plan only if satisfied— the plan satisfactorily deals with the core matters relevant to the plan; and State interests will not be adversely affected by the plan.\n(sec.31-ssec.4) The Minister must give a copy of the gazette notice and the first land use plan to— the airport lessee; and the local government.\n(sec.31-ssec.5) The local government must make a note on each relevant map in the local government’s planning scheme that— identifies the airport land to which the first land use plan applies; and states that interested persons may obtain details of the land use plan from the airport lessee for the airport land.\n- (a) the plan satisfactorily deals with the core matters relevant to the plan; and\n- (b) State interests will not be adversely affected by the plan.\n- (a) the airport lessee; and\n- (b) the local government.\n- (a) identifies the airport land to which the first land use plan applies; and\n- (b) states that interested persons may obtain details of the land use plan from the airport lessee for the airport land.","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Status of first land use plan","content":"### sec.32 Status of first land use plan\n\nThe first land use plan for an airport lessee’s airport land—\nbecomes the land use plan for the airport land on and from the day notice of the plan is published in the gazette; and\nis taken to be the land use plan for the airport land approved under this part until it is replaced or amended under the part.\n- (a) becomes the land use plan for the airport land on and from the day notice of the plan is published in the gazette; and\n- (b) is taken to be the land use plan for the airport land approved under this part until it is replaced or amended under the part.","sortOrder":39},{"sectionNumber":"ch.3-pt.1-div.3","sectionType":"division","heading":"Initial requirement to make new plan or amend first land use plan","content":"## Initial requirement to make new plan or amend first land use plan","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Requirement to replace or amend first land use plan","content":"### sec.33 Requirement to replace or amend first land use plan\n\nWithin 2 years after the completion day for its airport, the airport lessee must, under division 4 , prepare a statement of proposal and a draft plan in relation to—\nreplacing the lessee’s first land use plan; or\namending the lessee’s first land use plan to include the matters mentioned in section 35 (1) (c) and (d) .\nSubsection (1) (b) does not limit the matters that may be included in the first land use plan.\nDivisions 4 and 5 , other than section 34 , apply to the preparation and approval of the replacement land use plan or amendment.\ns 33 amd 2016 No. 27 s 12\n(sec.33-ssec.1) Within 2 years after the completion day for its airport, the airport lessee must, under division 4 , prepare a statement of proposal and a draft plan in relation to— replacing the lessee’s first land use plan; or amending the lessee’s first land use plan to include the matters mentioned in section 35 (1) (c) and (d) .\n(sec.33-ssec.2) Subsection (1) (b) does not limit the matters that may be included in the first land use plan.\n(sec.33-ssec.3) Divisions 4 and 5 , other than section 34 , apply to the preparation and approval of the replacement land use plan or amendment.\n- (a) replacing the lessee’s first land use plan; or\n- (b) amending the lessee’s first land use plan to include the matters mentioned in section 35 (1) (c) and (d) .","sortOrder":41},{"sectionNumber":"ch.3-pt.1-div.4","sectionType":"division","heading":"Land use plans—generally","content":"## Land use plans—generally","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"Requirement to prepare land use plan","content":"### sec.34 Requirement to prepare land use plan\n\nAt least every 8 years after the day an airport lessee’s first land use plan is replaced or amended in compliance with section 33 , the lessee must prepare a land use plan for the lessee’s airport land for approval under this division.","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Content of land use plan","content":"### sec.35 Content of land use plan\n\nA land use plan for an airport lessee’s airport land must—\nstate details of—\nthe airport land; and\nthe current and intended uses of the airport land; and\ncoordinate and integrate the core matters relevant to the land use plan; and\ninclude a schedule of charges (a charges schedule ) the local government may, subject to section 43 , levy for infrastructure provided by the local government in relation to development on the airport land; and\ninclude an infrastructure interface plan for the land use plan; and\ninclude any other matter prescribed by regulation.\nA land use plan for airport land may, for the Planning Act , do 1 or more of the following—\ncategorise development on the airport land as assessable development or accepted development;\nstate whether development categorised as assessable development under the plan requires code assessment or impact assessment under the Planning Act ;\nstate assessment benchmarks for the Planning Act that assessable development under the plan must be assessed against;\ncategorise particular development on the airport land that is inconsistent with the plan as assessable development requiring impact assessment under the Planning Act .\nAlso, a land use plan may—\nstate that particular development is consistent or inconsistent with the plan; or\nstate that any part of the airport land is intended to remain undeveloped land or part of a buffer zone; or\ninclude details of any land proposed to become part of the airport land.\nDespite subsection (2) (a) and (d) , the land use plan must not, for the Planning Act , categorise any of the following development on the airport land as assessable development—\ndevelopment that is a material change of use of premises for core airport infrastructure if the development is consistent with the plan;\ndevelopment categorised as accepted development under a regulation made under the Planning Act ;\ndevelopment that a local categorising instrument under the Planning Act is prohibited, under section 43 (5) (b) of that Act, from stating is assessable development.\ns 35 amd 2016 No. 27 s 13\n(sec.35-ssec.1) A land use plan for an airport lessee’s airport land must— state details of— the airport land; and the current and intended uses of the airport land; and coordinate and integrate the core matters relevant to the land use plan; and include a schedule of charges (a charges schedule ) the local government may, subject to section 43 , levy for infrastructure provided by the local government in relation to development on the airport land; and include an infrastructure interface plan for the land use plan; and include any other matter prescribed by regulation.\n(sec.35-ssec.2) A land use plan for airport land may, for the Planning Act , do 1 or more of the following— categorise development on the airport land as assessable development or accepted development; state whether development categorised as assessable development under the plan requires code assessment or impact assessment under the Planning Act ; state assessment benchmarks for the Planning Act that assessable development under the plan must be assessed against; categorise particular development on the airport land that is inconsistent with the plan as assessable development requiring impact assessment under the Planning Act .\n(sec.35-ssec.3) Also, a land use plan may— state that particular development is consistent or inconsistent with the plan; or state that any part of the airport land is intended to remain undeveloped land or part of a buffer zone; or include details of any land proposed to become part of the airport land.\n(sec.35-ssec.4) Despite subsection (2) (a) and (d) , the land use plan must not, for the Planning Act , categorise any of the following development on the airport land as assessable development— development that is a material change of use of premises for core airport infrastructure if the development is consistent with the plan; development categorised as accepted development under a regulation made under the Planning Act ; development that a local categorising instrument under the Planning Act is prohibited, under section 43 (5) (b) of that Act, from stating is assessable development.\n- (a) state details of— (i) the airport land; and (ii) the current and intended uses of the airport land; and\n- (i) the airport land; and\n- (ii) the current and intended uses of the airport land; and\n- (b) coordinate and integrate the core matters relevant to the land use plan; and\n- (c) include a schedule of charges (a charges schedule ) the local government may, subject to section 43 , levy for infrastructure provided by the local government in relation to development on the airport land; and\n- (d) include an infrastructure interface plan for the land use plan; and\n- (e) include any other matter prescribed by regulation.\n- (i) the airport land; and\n- (ii) the current and intended uses of the airport land; and\n- (a) categorise development on the airport land as assessable development or accepted development;\n- (b) state whether development categorised as assessable development under the plan requires code assessment or impact assessment under the Planning Act ;\n- (c) state assessment benchmarks for the Planning Act that assessable development under the plan must be assessed against;\n- (d) categorise particular development on the airport land that is inconsistent with the plan as assessable development requiring impact assessment under the Planning Act .\n- (a) state that particular development is consistent or inconsistent with the plan; or\n- (b) state that any part of the airport land is intended to remain undeveloped land or part of a buffer zone; or\n- (c) include details of any land proposed to become part of the airport land.\n- (a) development that is a material change of use of premises for core airport infrastructure if the development is consistent with the plan;\n- (b) development categorised as accepted development under a regulation made under the Planning Act ;\n- (c) development that a local categorising instrument under the Planning Act is prohibited, under section 43 (5) (b) of that Act, from stating is assessable development.","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Statement of proposal for preparation of land use plan or amendment of plan","content":"### sec.36 Statement of proposal for preparation of land use plan or amendment of plan\n\nAn airport lessee must prepare a statement ( statement of proposal ) about—\nthe preparation of a land use plan; or\nan amendment of a land use plan, unless the amendment—\nis to remove land from the land use plan; or\nrelates to land that is already airport land and the amendment does not change any use—\nfrom development that is inconsistent with the plan to development that is consistent with the plan; or\nfrom assessable development to accepted development under the Planning Act ; or\nis a minor amendment of the land use plan.\nThe statement of proposal must—\nidentify matters the airport lessee anticipates the land use plan will address; and\nstate how the airport lessee intends to address each relevant aspect of the core matters in the land use plan.\nThe airport lessee must give a copy of the statement of proposal to—\nthe local government; and\nthe planning Minister.\ns 36 amd 2016 No. 27 s 14\n(sec.36-ssec.1) An airport lessee must prepare a statement ( statement of proposal ) about— the preparation of a land use plan; or an amendment of a land use plan, unless the amendment— is to remove land from the land use plan; or relates to land that is already airport land and the amendment does not change any use— from development that is inconsistent with the plan to development that is consistent with the plan; or from assessable development to accepted development under the Planning Act ; or is a minor amendment of the land use plan.\n(sec.36-ssec.2) The statement of proposal must— identify matters the airport lessee anticipates the land use plan will address; and state how the airport lessee intends to address each relevant aspect of the core matters in the land use plan.\n(sec.36-ssec.3) The airport lessee must give a copy of the statement of proposal to— the local government; and the planning Minister.\n- (a) the preparation of a land use plan; or\n- (b) an amendment of a land use plan, unless the amendment— (i) is to remove land from the land use plan; or (ii) relates to land that is already airport land and the amendment does not change any use— (A) from development that is inconsistent with the plan to development that is consistent with the plan; or (B) from assessable development to accepted development under the Planning Act ; or (iii) is a minor amendment of the land use plan.\n- (i) is to remove land from the land use plan; or\n- (ii) relates to land that is already airport land and the amendment does not change any use— (A) from development that is inconsistent with the plan to development that is consistent with the plan; or (B) from assessable development to accepted development under the Planning Act ; or\n- (A) from development that is inconsistent with the plan to development that is consistent with the plan; or\n- (B) from assessable development to accepted development under the Planning Act ; or\n- (iii) is a minor amendment of the land use plan.\n- (i) is to remove land from the land use plan; or\n- (ii) relates to land that is already airport land and the amendment does not change any use— (A) from development that is inconsistent with the plan to development that is consistent with the plan; or (B) from assessable development to accepted development under the Planning Act ; or\n- (A) from development that is inconsistent with the plan to development that is consistent with the plan; or\n- (B) from assessable development to accepted development under the Planning Act ; or\n- (iii) is a minor amendment of the land use plan.\n- (A) from development that is inconsistent with the plan to development that is consistent with the plan; or\n- (B) from assessable development to accepted development under the Planning Act ; or\n- (a) identify matters the airport lessee anticipates the land use plan will address; and\n- (b) state how the airport lessee intends to address each relevant aspect of the core matters in the land use plan.\n- (a) the local government; and\n- (b) the planning Minister.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Draft plan for preparation or amendment of land use plan","content":"### sec.37 Draft plan for preparation or amendment of land use plan\n\nAfter complying with section 36 , and section 38 to the extent the section relates to a statement of proposal, an airport lessee must—\ntake appropriate account of issues raised as a result of consultation under section 38 in relation to the statement of proposal; and\nprepare a draft ( draft plan ) of—\nif the statement of proposal is for the preparation of a land use plan—the land use plan; or\nif the statement of proposal is for an amendment of a land use plan—the amendment of the land use plan; and\ngive a copy of the draft plan to—\nthe local government; and\nthe planning Minister.\n- (a) take appropriate account of issues raised as a result of consultation under section 38 in relation to the statement of proposal; and\n- (b) prepare a draft ( draft plan ) of— (i) if the statement of proposal is for the preparation of a land use plan—the land use plan; or (ii) if the statement of proposal is for an amendment of a land use plan—the amendment of the land use plan; and\n- (i) if the statement of proposal is for the preparation of a land use plan—the land use plan; or\n- (ii) if the statement of proposal is for an amendment of a land use plan—the amendment of the land use plan; and\n- (c) give a copy of the draft plan to— (i) the local government; and (ii) the planning Minister.\n- (i) the local government; and\n- (ii) the planning Minister.\n- (i) if the statement of proposal is for the preparation of a land use plan—the land use plan; or\n- (ii) if the statement of proposal is for an amendment of a land use plan—the amendment of the land use plan; and\n- (i) the local government; and\n- (ii) the planning Minister.","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Consultation on statement of proposal or draft plan","content":"### sec.38 Consultation on statement of proposal or draft plan\n\nThis section applies if an airport lessee prepares a statement of proposal under section 36 or a draft plan under section 37 .\nThe airport lessee must publish, at least once in a newspaper circulating generally in the area to which the statement of proposal or the draft plan relates, a notice stating the following—\nthe name of the airport lessee;\nthe name of the airport to which the statement of proposal or draft plan relates;\nthat the airport lessee has prepared a statement of proposal or a draft plan, and that it is available for inspection and purchase;\na contact telephone number for information about the statement of proposal or draft plan;\nthat any person may make written submissions about the statement of proposal or draft plan to the airport lessee;\nthat the local government may make written submissions about the statement of proposal or draft plan to the planning Minister;\nthe period (the consultation period ) during which submissions mentioned in paragraph (e) or (f) may be made;\nthe requirements for properly making a submission.\nThe consultation period must be—\nfor a statement of proposal—at least 20 business days after the notice is first published under subsection (2) ; or\nfor a draft plan—at least 40 business days after the notice is first published under subsection (2) .\n(sec.38-ssec.1) This section applies if an airport lessee prepares a statement of proposal under section 36 or a draft plan under section 37 .\n(sec.38-ssec.2) The airport lessee must publish, at least once in a newspaper circulating generally in the area to which the statement of proposal or the draft plan relates, a notice stating the following— the name of the airport lessee; the name of the airport to which the statement of proposal or draft plan relates; that the airport lessee has prepared a statement of proposal or a draft plan, and that it is available for inspection and purchase; a contact telephone number for information about the statement of proposal or draft plan; that any person may make written submissions about the statement of proposal or draft plan to the airport lessee; that the local government may make written submissions about the statement of proposal or draft plan to the planning Minister; the period (the consultation period ) during which submissions mentioned in paragraph (e) or (f) may be made; the requirements for properly making a submission.\n(sec.38-ssec.3) The consultation period must be— for a statement of proposal—at least 20 business days after the notice is first published under subsection (2) ; or for a draft plan—at least 40 business days after the notice is first published under subsection (2) .\n- (a) the name of the airport lessee;\n- (b) the name of the airport to which the statement of proposal or draft plan relates;\n- (c) that the airport lessee has prepared a statement of proposal or a draft plan, and that it is available for inspection and purchase;\n- (d) a contact telephone number for information about the statement of proposal or draft plan;\n- (e) that any person may make written submissions about the statement of proposal or draft plan to the airport lessee;\n- (f) that the local government may make written submissions about the statement of proposal or draft plan to the planning Minister;\n- (g) the period (the consultation period ) during which submissions mentioned in paragraph (e) or (f) may be made;\n- (h) the requirements for properly making a submission.\n- (a) for a statement of proposal—at least 20 business days after the notice is first published under subsection (2) ; or\n- (b) for a draft plan—at least 40 business days after the notice is first published under subsection (2) .","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"Consideration of draft plan and local government submissions","content":"### sec.39 Consideration of draft plan and local government submissions\n\nOn receiving a draft plan, the planning Minister must consider whether or not any State interests would be adversely affected by the proposed draft plan.\nAlso, before approving a draft plan or recommending approval of a draft plan to the Governor in Council under this division, the planning Minister must—\nconsider any submissions given to the planning Minister by a local government under section 38 (2) ; and\ngive the local government a written notice about the planning Minister’s considerations under paragraph (a) .\n(sec.39-ssec.1) On receiving a draft plan, the planning Minister must consider whether or not any State interests would be adversely affected by the proposed draft plan.\n(sec.39-ssec.2) Also, before approving a draft plan or recommending approval of a draft plan to the Governor in Council under this division, the planning Minister must— consider any submissions given to the planning Minister by a local government under section 38 (2) ; and give the local government a written notice about the planning Minister’s considerations under paragraph (a) .\n- (a) consider any submissions given to the planning Minister by a local government under section 38 (2) ; and\n- (b) give the local government a written notice about the planning Minister’s considerations under paragraph (a) .","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Directions for amendment of draft plan","content":"### sec.40 Directions for amendment of draft plan\n\nThe planning Minister may return a draft plan prepared by the airport lessee for amendment in the way directed by the planning Minister.\nA copy of the direction must be published in the gazette within 21 days after it is given.\n(sec.40-ssec.1) The planning Minister may return a draft plan prepared by the airport lessee for amendment in the way directed by the planning Minister.\n(sec.40-ssec.2) A copy of the direction must be published in the gazette within 21 days after it is given.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Approval of land use plans","content":"### sec.41 Approval of land use plans\n\nThe planning Minister may approve a draft plan if satisfied that—\nthe draft plan, or land use plan as amended by the draft plan, satisfactorily deals with the core matters relevant to the land use plan; and\nthe airport lessee has taken appropriate account of issues raised in written submissions made to it under section 38 (2) ; and\nthe local government does not have a substantial objection to the draft plan; and\nState interests will not be adversely affected by the draft plan.\nIf the planning Minister is satisfied about subsection (1) (a) , (b) and (d) but is satisfied that the local government has a substantial objection to the draft plan, the draft plan may only be approved by the Governor in Council.\nApproval of a land use plan, or an amendment of a land use plan, must be notified in the gazette within 21 days after it is given.\nThe approval takes effect when it is notified in the gazette.\n(sec.41-ssec.1) The planning Minister may approve a draft plan if satisfied that— the draft plan, or land use plan as amended by the draft plan, satisfactorily deals with the core matters relevant to the land use plan; and the airport lessee has taken appropriate account of issues raised in written submissions made to it under section 38 (2) ; and the local government does not have a substantial objection to the draft plan; and State interests will not be adversely affected by the draft plan.\n(sec.41-ssec.2) If the planning Minister is satisfied about subsection (1) (a) , (b) and (d) but is satisfied that the local government has a substantial objection to the draft plan, the draft plan may only be approved by the Governor in Council.\n(sec.41-ssec.3) Approval of a land use plan, or an amendment of a land use plan, must be notified in the gazette within 21 days after it is given.\n(sec.41-ssec.4) The approval takes effect when it is notified in the gazette.\n- (a) the draft plan, or land use plan as amended by the draft plan, satisfactorily deals with the core matters relevant to the land use plan; and\n- (b) the airport lessee has taken appropriate account of issues raised in written submissions made to it under section 38 (2) ; and\n- (c) the local government does not have a substantial objection to the draft plan; and\n- (d) State interests will not be adversely affected by the draft plan.","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Airport lessee to publish approved plan","content":"### sec.42 Airport lessee to publish approved plan\n\nEach airport lessee must ensure the airport lessee’s current land use plan approved under this part is published on the airport lessee’s website.","sortOrder":51},{"sectionNumber":"ch.3-pt.1-div.5","sectionType":"division","heading":"Local government charges for infrastructure","content":"## Local government charges for infrastructure","sortOrder":52},{"sectionNumber":"sec.43","sectionType":"section","heading":"Charges for particular infrastructure","content":"### sec.43 Charges for particular infrastructure\n\nIn preparing a charges schedule for a land use plan, the airport lessee must consult with—\nthe local government; and\nthe planning Minister.\nA charge under the charges schedule may only be levied for the following infrastructure provided by the local government—\ndrainage;\npublic transport;\nroads;\nsewerage and water supply headworks.\nA charge included under the charges schedule must be worked out on the basis of the relevance of the infrastructure for which the charge is to be made to the actual proposed development.\n(sec.43-ssec.1) In preparing a charges schedule for a land use plan, the airport lessee must consult with— the local government; and the planning Minister.\n(sec.43-ssec.2) A charge under the charges schedule may only be levied for the following infrastructure provided by the local government— drainage; public transport; roads; sewerage and water supply headworks.\n(sec.43-ssec.3) A charge included under the charges schedule must be worked out on the basis of the relevance of the infrastructure for which the charge is to be made to the actual proposed development.\n- (a) the local government; and\n- (b) the planning Minister.\n- (a) drainage;\n- (b) public transport;\n- (c) roads;\n- (d) sewerage and water supply headworks.","sortOrder":53},{"sectionNumber":"ch.3-pt.1-div.6","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":54},{"sectionNumber":"sec.44","sectionType":"section","heading":"Notification about airport land and land use plans on planning schemes","content":"### sec.44 Notification about airport land and land use plans on planning schemes\n\nIf a land use plan for airport land is approved or amended under division 4 , the planning chief executive must—\ngive written notice of the details of the plan or amendment to the local government; and\nmake a note on each relevant map in the local government’s planning scheme held by the planning chief executive.\nOn receiving the notice under subsection (1) , the local government must make a note on each relevant map in the local government’s planning scheme.\nThe note must—\nidentify the airport land to which the land use plan applies; and\nstate that interested persons may obtain details of the land use plan from the airport lessee for the airport land.\n(sec.44-ssec.1) If a land use plan for airport land is approved or amended under division 4 , the planning chief executive must— give written notice of the details of the plan or amendment to the local government; and make a note on each relevant map in the local government’s planning scheme held by the planning chief executive.\n(sec.44-ssec.2) On receiving the notice under subsection (1) , the local government must make a note on each relevant map in the local government’s planning scheme.\n(sec.44-ssec.3) The note must— identify the airport land to which the land use plan applies; and state that interested persons may obtain details of the land use plan from the airport lessee for the airport land.\n- (a) give written notice of the details of the plan or amendment to the local government; and\n- (b) make a note on each relevant map in the local government’s planning scheme held by the planning chief executive.\n- (a) identify the airport land to which the land use plan applies; and\n- (b) state that interested persons may obtain details of the land use plan from the airport lessee for the airport land.","sortOrder":55},{"sectionNumber":"sec.45","sectionType":"section","heading":"Effect of land ceasing to be airport land","content":"### sec.45 Effect of land ceasing to be airport land\n\nThis section applies if land ( former airport land ) ceases to be airport land.\nThe airport lessee for the airport land must give written notice of the particulars of the former airport land to—\nthe local government for the local government area within which the former airport land is situated; and\nthe planning chief executive.\nAn entity given a notice under subsection (2) must make a note on each relevant map in the local government’s planning scheme held by the entity.\nThe note must indicate that the former airport land is no longer subject to the land use plan.\nOn and from the day land ceases to be airport land, the land use plan that, other than for this section, would apply to the land is taken not to apply to the land.\nSubsection (5) applies to former airport land even if the land use plan has not been amended to show the former airport land is not included in the plan.\n(sec.45-ssec.1) This section applies if land ( former airport land ) ceases to be airport land.\n(sec.45-ssec.2) The airport lessee for the airport land must give written notice of the particulars of the former airport land to— the local government for the local government area within which the former airport land is situated; and the planning chief executive.\n(sec.45-ssec.3) An entity given a notice under subsection (2) must make a note on each relevant map in the local government’s planning scheme held by the entity.\n(sec.45-ssec.4) The note must indicate that the former airport land is no longer subject to the land use plan.\n(sec.45-ssec.5) On and from the day land ceases to be airport land, the land use plan that, other than for this section, would apply to the land is taken not to apply to the land.\n(sec.45-ssec.6) Subsection (5) applies to former airport land even if the land use plan has not been amended to show the former airport land is not included in the plan.\n- (a) the local government for the local government area within which the former airport land is situated; and\n- (b) the planning chief executive.","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"Ministerial direction to airport lessee","content":"### sec.46 Ministerial direction to airport lessee\n\nThis section applies if the planning Minister is satisfied a minor amendment of a land use plan for airport land is required.\nThe planning Minister may, by written notice, direct the airport lessee to make the minor amendment within a stated reasonable period.\nThe notice must state the reasons for deciding to give the direction.\nBefore giving a direction to an airport lessee under subsection (2) , the planning Minister must consult with the lessee.\nThe airport lessee must comply with the direction.\ns 46 amd 2016 No. 27 s 15\n(sec.46-ssec.1) This section applies if the planning Minister is satisfied a minor amendment of a land use plan for airport land is required.\n(sec.46-ssec.2) The planning Minister may, by written notice, direct the airport lessee to make the minor amendment within a stated reasonable period.\n(sec.46-ssec.3) The notice must state the reasons for deciding to give the direction.\n(sec.46-ssec.4) Before giving a direction to an airport lessee under subsection (2) , the planning Minister must consult with the lessee.\n(sec.46-ssec.5) The airport lessee must comply with the direction.","sortOrder":57},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Relationship with Planning Act and particular matters about development on airport land","content":"# Relationship with Planning Act and particular matters about development on airport land","sortOrder":58},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":59},{"sectionNumber":"sec.47","sectionType":"section","heading":"Application of Planning Act","content":"### sec.47 Application of Planning Act\n\nSubject to this part, the Planning Act applies for development on airport land.\nIf there is an inconsistency between this part and the Planning Act , this part prevails to the extent of the inconsistency.\n(sec.47-ssec.1) Subject to this part, the Planning Act applies for development on airport land.\n(sec.47-ssec.2) If there is an inconsistency between this part and the Planning Act , this part prevails to the extent of the inconsistency.","sortOrder":60},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Particular provisions about development on airport land","content":"## Particular provisions about development on airport land","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Airport land not subject to local planning instrument","content":"### sec.48 Airport land not subject to local planning instrument\n\nAirport land is not subject to a local planning instrument under the Planning Act .\nSubsection (1) has effect despite the Planning Act , chapter 2 , part 3 .\ns 48 sub 2009 No. 36 s 872 sch 2\namd 2016 No. 27 s 16\n(sec.48-ssec.1) Airport land is not subject to a local planning instrument under the Planning Act .\n(sec.48-ssec.2) Subsection (1) has effect despite the Planning Act , chapter 2 , part 3 .","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 amd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 17","sortOrder":63},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 om 2016 No. 27 s 17","sortOrder":64},{"sectionNumber":"sec.51","sectionType":"section","heading":"Restriction on conditions of development approvals","content":"### sec.51 Restriction on conditions of development approvals\n\nThe assessment manager for a development application for development on airport land may impose a contribution condition on the development approval for the application only in relation to the following infrastructure provided by a local government—\ndrainage;\npublic transport;\nroads;\nsewerage and water supply headworks.\nA condition can not be imposed on a development approval for reconfiguring a lot on airport land if the condition requires a monetary payment to anyone for the reconfiguration.\nIn this section—\ncontribution condition , for a development approval, means a condition of the approval requiring the payment of an amount to a local government for infrastructure provided by the local government in relation to the development.\ns 51 amd 2009 No. 36 s 872 sch 2\n(sec.51-ssec.1) The assessment manager for a development application for development on airport land may impose a contribution condition on the development approval for the application only in relation to the following infrastructure provided by a local government— drainage; public transport; roads; sewerage and water supply headworks.\n(sec.51-ssec.2) A condition can not be imposed on a development approval for reconfiguring a lot on airport land if the condition requires a monetary payment to anyone for the reconfiguration.\n(sec.51-ssec.3) In this section— contribution condition , for a development approval, means a condition of the approval requiring the payment of an amount to a local government for infrastructure provided by the local government in relation to the development.\n- (a) drainage;\n- (b) public transport;\n- (c) roads;\n- (d) sewerage and water supply headworks.","sortOrder":65},{"sectionNumber":"sec.52","sectionType":"section","heading":"Particular provisions of Planning Act do not apply in relation to airport land","content":"### sec.52 Particular provisions of Planning Act do not apply in relation to airport land\n\nThe Planning Act , section 263 does not apply in relation to airport land.\nA person is not entitled to claim compensation under the Planning Act , chapter 2 , part 4 , division 2 or any other law in relation to a change to a land use plan affecting the person’s interest in any airport land.\ns 52 amd 2009 No. 36 s 872 sch 2; 2016 No. 27 s 18\n(sec.52-ssec.1) The Planning Act , section 263 does not apply in relation to airport land.\n(sec.52-ssec.2) A person is not entitled to claim compensation under the Planning Act , chapter 2 , part 4 , division 2 or any other law in relation to a change to a land use plan affecting the person’s interest in any airport land.","sortOrder":66},{"sectionNumber":"sec.53","sectionType":"section","heading":"Modified application of Planning Act , s 265","content":"### sec.53 Modified application of Planning Act , s 265\n\nA person may apply to the planning chief executive for a planning and development certificate under the Planning Act , section 265 for premises on airport land.\nThe application must be accompanied by the fee prescribed under a regulation.\nFor subsection (1) —\nthe Planning Act , section 265 (3) applies as if a reference in the subsection to a local government were a reference to the planning chief executive; and\na regulation made under the Planning Act , section 265 (4) applies—\nas if a reference in the regulation to a local government were a reference to the planning chief executive; and\nas if a reference in the regulation to a planning scheme were a reference to a land use plan; and\nas if a reference in the regulation to an LGIP were a reference to a charges schedule for a land use plan; and\nas if the regulation provides that a planning and development certificate must also be accompanied by—\nany statement of proposal for the airport land notified under section 38 (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 41 ; or\nany draft plan for the airport land notified under section 38 (2) but not yet approved under section 41 ; and\nwith other necessary changes.\ns 53 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 19\n(sec.53-ssec.1) A person may apply to the planning chief executive for a planning and development certificate under the Planning Act , section 265 for premises on airport land.\n(sec.53-ssec.2) The application must be accompanied by the fee prescribed under a regulation.\n(sec.53-ssec.3) For subsection (1) — the Planning Act , section 265 (3) applies as if a reference in the subsection to a local government were a reference to the planning chief executive; and a regulation made under the Planning Act , section 265 (4) applies— as if a reference in the regulation to a local government were a reference to the planning chief executive; and as if a reference in the regulation to a planning scheme were a reference to a land use plan; and as if a reference in the regulation to an LGIP were a reference to a charges schedule for a land use plan; and as if the regulation provides that a planning and development certificate must also be accompanied by— any statement of proposal for the airport land notified under section 38 (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 41 ; or any draft plan for the airport land notified under section 38 (2) but not yet approved under section 41 ; and with other necessary changes.\n- (a) the Planning Act , section 265 (3) applies as if a reference in the subsection to a local government were a reference to the planning chief executive; and\n- (b) a regulation made under the Planning Act , section 265 (4) applies— (i) as if a reference in the regulation to a local government were a reference to the planning chief executive; and (ii) as if a reference in the regulation to a planning scheme were a reference to a land use plan; and (iii) as if a reference in the regulation to an LGIP were a reference to a charges schedule for a land use plan; and (iv) as if the regulation provides that a planning and development certificate must also be accompanied by— (A) any statement of proposal for the airport land notified under section 38 (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 41 ; or (B) any draft plan for the airport land notified under section 38 (2) but not yet approved under section 41 ; and (v) with other necessary changes.\n- (i) as if a reference in the regulation to a local government were a reference to the planning chief executive; and\n- (ii) as if a reference in the regulation to a planning scheme were a reference to a land use plan; and\n- (iii) as if a reference in the regulation to an LGIP were a reference to a charges schedule for a land use plan; and\n- (iv) as if the regulation provides that a planning and development certificate must also be accompanied by— (A) any statement of proposal for the airport land notified under section 38 (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 41 ; or (B) any draft plan for the airport land notified under section 38 (2) but not yet approved under section 41 ; and\n- (A) any statement of proposal for the airport land notified under section 38 (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 41 ; or\n- (B) any draft plan for the airport land notified under section 38 (2) but not yet approved under section 41 ; and\n- (v) with other necessary changes.\n- (i) as if a reference in the regulation to a local government were a reference to the planning chief executive; and\n- (ii) as if a reference in the regulation to a planning scheme were a reference to a land use plan; and\n- (iii) as if a reference in the regulation to an LGIP were a reference to a charges schedule for a land use plan; and\n- (iv) as if the regulation provides that a planning and development certificate must also be accompanied by— (A) any statement of proposal for the airport land notified under section 38 (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 41 ; or (B) any draft plan for the airport land notified under section 38 (2) but not yet approved under section 41 ; and\n- (A) any statement of proposal for the airport land notified under section 38 (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 41 ; or\n- (B) any draft plan for the airport land notified under section 38 (2) but not yet approved under section 41 ; and\n- (v) with other necessary changes.\n- (A) any statement of proposal for the airport land notified under section 38 (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 41 ; or\n- (B) any draft plan for the airport land notified under section 38 (2) but not yet approved under section 41 ; and","sortOrder":67},{"sectionNumber":"sec.54","sectionType":"section","heading":"When development on local heritage place is not assessable development","content":"### sec.54 When development on local heritage place is not assessable development\n\nSubsection (2) applies if a regulation made under the Planning Act categorises development on local heritage places as assessable development.\nThe development is not assessable development under the Planning Act to the extent the local heritage place is on an airport lessee’s airport land.\nSubsections (1) and (2) apply to development on the local heritage place whether or not it became a local heritage place before or after the completion day for the airport lessee’s airport.\nIn this section—\nlocal heritage place means a place on a local heritage register within the meaning of the Queensland Heritage Act 1992 .\ns 54 amd 2009 No. 36 s 872 sch 2 ; 2014 No. 61 s 82 sch 1 ; 2016 No. 27 s 20\n(sec.54-ssec.1) Subsection (2) applies if a regulation made under the Planning Act categorises development on local heritage places as assessable development.\n(sec.54-ssec.2) The development is not assessable development under the Planning Act to the extent the local heritage place is on an airport lessee’s airport land.\n(sec.54-ssec.3) Subsections (1) and (2) apply to development on the local heritage place whether or not it became a local heritage place before or after the completion day for the airport lessee’s airport.\n(sec.54-ssec.4) In this section— local heritage place means a place on a local heritage register within the meaning of the Queensland Heritage Act 1992 .","sortOrder":68},{"sectionNumber":"sec.55","sectionType":"section","heading":"Restriction on designation of premises under Planning Act for development of infrastructure","content":"### sec.55 Restriction on designation of premises under Planning Act for development of infrastructure\n\nDespite the Planning Act , chapter 2 , part 5 , only the planning Minister may, under that part, make a designation of premises that is, or includes, airport land.\nDevelopment carried out on premises that are the subject of a designation under the Planning Act made by a Minister is accepted development to the extent the development—\nis carried out under the designation; and\nwould, other than for this subsection, be assessable development under a land use plan for airport land.\nSubsection (2) does not limit the Planning Act , section 44 (6) (b) .\ns 55 amd 2009 No. 36 s 872 sch 2\nsub 2016 No. 27 s 21\n(sec.55-ssec.1) Despite the Planning Act , chapter 2 , part 5 , only the planning Minister may, under that part, make a designation of premises that is, or includes, airport land.\n(sec.55-ssec.2) Development carried out on premises that are the subject of a designation under the Planning Act made by a Minister is accepted development to the extent the development— is carried out under the designation; and would, other than for this subsection, be assessable development under a land use plan for airport land.\n(sec.55-ssec.3) Subsection (2) does not limit the Planning Act , section 44 (6) (b) .\n- (a) is carried out under the designation; and\n- (b) would, other than for this subsection, be assessable development under a land use plan for airport land.","sortOrder":69},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 amd 2012 No. 34 s 4\nom 2016 No. 27 s 22","sortOrder":70},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Notice of development approval","content":"## Notice of development approval","sortOrder":71},{"sectionNumber":"sec.57","sectionType":"section","heading":"Requirement to give notice of development approval and infrastructure agreement","content":"### sec.57 Requirement to give notice of development approval and infrastructure agreement\n\nIf the planning chief executive gives a development approval for development on airport land, the planning chief executive must, within 5 business days after giving the approval, give a copy of the approval to the local government.\nIf an applicant for a development approval for development on airport land enters into an infrastructure agreement under the Planning Act in relation to the development, the applicant must give a copy of the agreement to—\nthe local government; and\nif the planning chief executive is not a party to the agreement—the planning chief executive.\n(sec.57-ssec.1) If the planning chief executive gives a development approval for development on airport land, the planning chief executive must, within 5 business days after giving the approval, give a copy of the approval to the local government.\n(sec.57-ssec.2) If an applicant for a development approval for development on airport land enters into an infrastructure agreement under the Planning Act in relation to the development, the applicant must give a copy of the agreement to— the local government; and if the planning chief executive is not a party to the agreement—the planning chief executive.\n- (a) the local government; and\n- (b) if the planning chief executive is not a party to the agreement—the planning chief executive.","sortOrder":72},{"sectionNumber":"ch.3-pt.2-div.4","sectionType":"division","heading":"Protection of existing uses and rights","content":"## Protection of existing uses and rights","sortOrder":73},{"sectionNumber":"sec.58","sectionType":"section","heading":"Existing lawful uses, works and approvals","content":"### sec.58 Existing lawful uses, works and approvals\n\nIf, immediately before a land use plan for airport land is amended or replaced, a use of premises on the airport land was a lawful use of premises under the Planning Act , the plan as amended or replaced does not—\nstop the use from continuing; or\nfurther regulate the use; or\nrequire the use to be changed.\nIf a land use plan for airport land is amended or replaced after building or other works have been lawfully constructed or effected on the airport land, the plan as amended or replaced does not require the building or works to be altered or removed.\nIf a land use plan for airport land is amended or replaced after a development approval is given for premises wholly or partly on the airport land, the plan as amended or replaced does not—\nstop or further regulate the development; or\notherwise affect the approval to any extent to which the approval remains in effect.\ns 58 sub 2016 No. 27 s 23\n(sec.58-ssec.1) If, immediately before a land use plan for airport land is amended or replaced, a use of premises on the airport land was a lawful use of premises under the Planning Act , the plan as amended or replaced does not— stop the use from continuing; or further regulate the use; or require the use to be changed.\n(sec.58-ssec.2) If a land use plan for airport land is amended or replaced after building or other works have been lawfully constructed or effected on the airport land, the plan as amended or replaced does not require the building or works to be altered or removed.\n(sec.58-ssec.3) If a land use plan for airport land is amended or replaced after a development approval is given for premises wholly or partly on the airport land, the plan as amended or replaced does not— stop or further regulate the development; or otherwise affect the approval to any extent to which the approval remains in effect.\n- (a) stop the use from continuing; or\n- (b) further regulate the use; or\n- (c) require the use to be changed.\n- (a) stop or further regulate the development; or\n- (b) otherwise affect the approval to any extent to which the approval remains in effect.","sortOrder":74},{"sectionNumber":"sec.59","sectionType":"section","heading":"Implied and uncommenced right to use","content":"### sec.59 Implied and uncommenced right to use\n\nThis section applies if—\na development approval comes into effect for premises wholly or partly on airport land; and\nwhen the application for the approval was properly made under the Planning Act or the repealed Sustainable Planning Act 2009 , a material change of use for a use that the application implies did not require a development permit under the land use plan for the airport land; and\nafter the application was properly made, but before the use started—\nthe land use plan was amended or replaced and the material change of use is assessable development under the plan as amended or replaced; or\nthe premises, to the extent they are on airport land, stopped being airport land and the material change of use is categorised as assessable development under a local planning instrument under the Planning Act .\nThe use is taken, for the Planning Act , to be a lawful use in existence immediately before the plan as amended or replaced took effect, or the local planning instrument started applying to the premises, if—\nthe development approval has not lapsed; and\nthe use starts within 5 years after the completion of the development the approval is for.\ns 59 sub 2016 No. 27 s 23\n(sec.59-ssec.1) This section applies if— a development approval comes into effect for premises wholly or partly on airport land; and when the application for the approval was properly made under the Planning Act or the repealed Sustainable Planning Act 2009 , a material change of use for a use that the application implies did not require a development permit under the land use plan for the airport land; and after the application was properly made, but before the use started— the land use plan was amended or replaced and the material change of use is assessable development under the plan as amended or replaced; or the premises, to the extent they are on airport land, stopped being airport land and the material change of use is categorised as assessable development under a local planning instrument under the Planning Act .\n(sec.59-ssec.2) The use is taken, for the Planning Act , to be a lawful use in existence immediately before the plan as amended or replaced took effect, or the local planning instrument started applying to the premises, if— the development approval has not lapsed; and the use starts within 5 years after the completion of the development the approval is for.\n- (a) a development approval comes into effect for premises wholly or partly on airport land; and\n- (b) when the application for the approval was properly made under the Planning Act or the repealed Sustainable Planning Act 2009 , a material change of use for a use that the application implies did not require a development permit under the land use plan for the airport land; and\n- (c) after the application was properly made, but before the use started— (i) the land use plan was amended or replaced and the material change of use is assessable development under the plan as amended or replaced; or (ii) the premises, to the extent they are on airport land, stopped being airport land and the material change of use is categorised as assessable development under a local planning instrument under the Planning Act .\n- (i) the land use plan was amended or replaced and the material change of use is assessable development under the plan as amended or replaced; or\n- (ii) the premises, to the extent they are on airport land, stopped being airport land and the material change of use is categorised as assessable development under a local planning instrument under the Planning Act .\n- (i) the land use plan was amended or replaced and the material change of use is assessable development under the plan as amended or replaced; or\n- (ii) the premises, to the extent they are on airport land, stopped being airport land and the material change of use is categorised as assessable development under a local planning instrument under the Planning Act .\n- (a) the development approval has not lapsed; and\n- (b) the use starts within 5 years after the completion of the development the approval is for.","sortOrder":75},{"sectionNumber":"ch.3-pt.2-div.5","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":76},{"sectionNumber":"sec.60","sectionType":"section","heading":"Delegation of particular functions of planning chief executive","content":"### sec.60 Delegation of particular functions of planning chief executive\n\nThe planning chief executive may, in relation to a development application for airport land, delegate the planning chief executive’s relevant administrative functions to the local government.\nIf the planning chief executive delegates any relevant administrative functions to the local government, the planning chief executive must—\ngive written notice of the delegation to the airport lessee for the airport land; and\npublish the notice on the website of the department in which the Planning Act is administered.\nIn this section—\nrelevant administrative functions , in relation to a development application, means the planning chief executive’s functions under the Planning Act for matters relating to the administration and enforcement, under that Act, of a development approval given for the application.\n(sec.60-ssec.1) The planning chief executive may, in relation to a development application for airport land, delegate the planning chief executive’s relevant administrative functions to the local government.\n(sec.60-ssec.2) If the planning chief executive delegates any relevant administrative functions to the local government, the planning chief executive must— give written notice of the delegation to the airport lessee for the airport land; and publish the notice on the website of the department in which the Planning Act is administered.\n(sec.60-ssec.3) In this section— relevant administrative functions , in relation to a development application, means the planning chief executive’s functions under the Planning Act for matters relating to the administration and enforcement, under that Act, of a development approval given for the application.\n- (a) give written notice of the delegation to the airport lessee for the airport land; and\n- (b) publish the notice on the website of the department in which the Planning Act is administered.","sortOrder":77},{"sectionNumber":"sec.61","sectionType":"section","heading":"Amendment of planning schemes","content":"### sec.61 Amendment of planning schemes\n\nThis section applies to the planning scheme of a local government for the local government area within which airport land is situated.\nThe local government must amend its planning scheme to reflect consequential changes to the scheme required because of the application of this chapter.\nDespite the Planning Act —\na notice or amended notice given under section 18 (3) of that Act for an amendment mentioned in subsection (2) , must not state the things mentioned in section 18 (5) (a) to (g) of that Act; and\nan amendment mentioned in subsection (2) does not require the approval of the planning Minister before the amendment is made.\ns 61 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 24\n(sec.61-ssec.1) This section applies to the planning scheme of a local government for the local government area within which airport land is situated.\n(sec.61-ssec.2) The local government must amend its planning scheme to reflect consequential changes to the scheme required because of the application of this chapter.\n(sec.61-ssec.3) Despite the Planning Act — a notice or amended notice given under section 18 (3) of that Act for an amendment mentioned in subsection (2) , must not state the things mentioned in section 18 (5) (a) to (g) of that Act; and an amendment mentioned in subsection (2) does not require the approval of the planning Minister before the amendment is made.\n- (a) a notice or amended notice given under section 18 (3) of that Act for an amendment mentioned in subsection (2) , must not state the things mentioned in section 18 (5) (a) to (g) of that Act; and\n- (b) an amendment mentioned in subsection (2) does not require the approval of the planning Minister before the amendment is made.","sortOrder":78},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Airport notices","content":"# Airport notices","sortOrder":79},{"sectionNumber":"sec.62","sectionType":"section","heading":"Airport lessor may control activities by airport notice","content":"### sec.62 Airport lessor may control activities by airport notice\n\nAn airport lessor may display or publish a notice (an airport notice ) to control any of the following activities or conduct on its airport land or a part of its airport land—\nmovement of persons including, for example, where the movement of members of the public, or another identified group, is restricted or prohibited;\nentry, movement, standing or parking of vehicles;\nmovement, standing or parking of aircraft;\nmovement, handling or storage of baggage or goods;\nother activities or conduct to the extent necessary to ensure the security or safety of persons or property.\n- (a) movement of persons including, for example, where the movement of members of the public, or another identified group, is restricted or prohibited;\n- (b) entry, movement, standing or parking of vehicles;\n- (c) movement, standing or parking of aircraft;\n- (d) movement, handling or storage of baggage or goods;\n- (e) other activities or conduct to the extent necessary to ensure the security or safety of persons or property.","sortOrder":80},{"sectionNumber":"sec.63","sectionType":"section","heading":"Display or publication of airport notices","content":"### sec.63 Display or publication of airport notices\n\nTo have effect, an airport notice must—\nbe displayed on or near the thing to which it relates; or\nbe published on the airport lessor’s website.\nBefore an airport notice mentioned in subsection (1) (b) has effect, the airport lessor issuing the airport notice must publish it on at least 2 occasions in a newspaper circulated in the area to which the airport notice relates.\nA copy of an airport notice must be available during normal business hours for inspection, or for purchase at a reasonable cost, at the office of the airport lessor that is in, or nearest to, the area to which the notice relates.\n(sec.63-ssec.1) To have effect, an airport notice must— be displayed on or near the thing to which it relates; or be published on the airport lessor’s website.\n(sec.63-ssec.2) Before an airport notice mentioned in subsection (1) (b) has effect, the airport lessor issuing the airport notice must publish it on at least 2 occasions in a newspaper circulated in the area to which the airport notice relates.\n(sec.63-ssec.3) A copy of an airport notice must be available during normal business hours for inspection, or for purchase at a reasonable cost, at the office of the airport lessor that is in, or nearest to, the area to which the notice relates.\n- (a) be displayed on or near the thing to which it relates; or\n- (b) be published on the airport lessor’s website.","sortOrder":81},{"sectionNumber":"sec.64","sectionType":"section","heading":"Airport notice may refer to documents held by airport lessor","content":"### sec.64 Airport notice may refer to documents held by airport lessor\n\nAn airport notice may require a person to comply, in whole or in part, with a requirement of a stated document held by the airport lessor.\nHowever, the requirement must be able to be made by an airport notice under this part.\nIf the document is a standard, the airport notice must state that a copy of the standard is available during normal business hours for inspection, or for purchase at a reasonable cost, at a stated office of the airport lessor that is in, or nearest to, the area to which the notice relates.\nIf the document is not a standard, the airport notice must—\ninclude a copy of the document; or\ndo both of the following—\ninclude a summary of the requirement;\nstate that a copy of the document is available during normal business hours, free of charge, at a stated office of the airport lessor that is in, or nearest to, the area to which the notice relates.\nIn this section—\nstandard means a code, guide, rule, specification, standard or other document adopted, made or published by any of the following entities—\nthe Civil Aviation Safety Authority;\nthe International Civil Aviation Organisation;\nthe Office of Transport Security;\nthe chief executive of the department in which the Transport Infrastructure Act 1994 is administered.\n(sec.64-ssec.1) An airport notice may require a person to comply, in whole or in part, with a requirement of a stated document held by the airport lessor.\n(sec.64-ssec.2) However, the requirement must be able to be made by an airport notice under this part.\n(sec.64-ssec.3) If the document is a standard, the airport notice must state that a copy of the standard is available during normal business hours for inspection, or for purchase at a reasonable cost, at a stated office of the airport lessor that is in, or nearest to, the area to which the notice relates.\n(sec.64-ssec.4) If the document is not a standard, the airport notice must— include a copy of the document; or do both of the following— include a summary of the requirement; state that a copy of the document is available during normal business hours, free of charge, at a stated office of the airport lessor that is in, or nearest to, the area to which the notice relates.\n(sec.64-ssec.5) In this section— standard means a code, guide, rule, specification, standard or other document adopted, made or published by any of the following entities— the Civil Aviation Safety Authority; the International Civil Aviation Organisation; the Office of Transport Security; the chief executive of the department in which the Transport Infrastructure Act 1994 is administered.\n- (a) include a copy of the document; or\n- (b) do both of the following— (i) include a summary of the requirement; (ii) state that a copy of the document is available during normal business hours, free of charge, at a stated office of the airport lessor that is in, or nearest to, the area to which the notice relates.\n- (i) include a summary of the requirement;\n- (ii) state that a copy of the document is available during normal business hours, free of charge, at a stated office of the airport lessor that is in, or nearest to, the area to which the notice relates.\n- (i) include a summary of the requirement;\n- (ii) state that a copy of the document is available during normal business hours, free of charge, at a stated office of the airport lessor that is in, or nearest to, the area to which the notice relates.\n- (a) the Civil Aviation Safety Authority;\n- (b) the International Civil Aviation Organisation;\n- (c) the Office of Transport Security;\n- (d) the chief executive of the department in which the Transport Infrastructure Act 1994 is administered.","sortOrder":82},{"sectionNumber":"sec.65","sectionType":"section","heading":"Airport notices generally","content":"### sec.65 Airport notices generally\n\nAn airport notice—\nmust indicate the area to which the airport notice applies; and\nif contravention of a requirement of the airport notice is an offence against this chapter—must state that fact and the maximum penalty for the offence.\nEvidence that a sign was displayed on or near the thing to which it relates is evidence that the notice was displayed by the airport lessor.\nAn airport notice displayed on or near the thing to which it relates must be clearly visible to passers-by.\n(sec.65-ssec.1) An airport notice— must indicate the area to which the airport notice applies; and if contravention of a requirement of the airport notice is an offence against this chapter—must state that fact and the maximum penalty for the offence.\n(sec.65-ssec.2) Evidence that a sign was displayed on or near the thing to which it relates is evidence that the notice was displayed by the airport lessor.\n(sec.65-ssec.3) An airport notice displayed on or near the thing to which it relates must be clearly visible to passers-by.\n- (a) must indicate the area to which the airport notice applies; and\n- (b) if contravention of a requirement of the airport notice is an offence against this chapter—must state that fact and the maximum penalty for the offence.","sortOrder":83},{"sectionNumber":"sec.66","sectionType":"section","heading":"Notices at entrances","content":"### sec.66 Notices at entrances\n\nThis section applies if—\nan airport lessor erects or displays a notice at each entrance commonly used by persons to gain access to its airport land; and\nthe notice contains information about the airport land; and\nin a case where use of its airport land or facilities gives rise to a liability for charges—the notice states this and indicates generally the nature of the charges; and\nin a case where a contravention of a requirement of the notice is an offence—the notice states this and indicates generally the penalties that apply; and\na person gains access to the airport land by using another entrance.\nThe person is taken to be aware of the information in the notice.\n(sec.66-ssec.1) This section applies if— an airport lessor erects or displays a notice at each entrance commonly used by persons to gain access to its airport land; and the notice contains information about the airport land; and in a case where use of its airport land or facilities gives rise to a liability for charges—the notice states this and indicates generally the nature of the charges; and in a case where a contravention of a requirement of the notice is an offence—the notice states this and indicates generally the penalties that apply; and a person gains access to the airport land by using another entrance.\n(sec.66-ssec.2) The person is taken to be aware of the information in the notice.\n- (a) an airport lessor erects or displays a notice at each entrance commonly used by persons to gain access to its airport land; and\n- (b) the notice contains information about the airport land; and\n- (c) in a case where use of its airport land or facilities gives rise to a liability for charges—the notice states this and indicates generally the nature of the charges; and\n- (d) in a case where a contravention of a requirement of the notice is an offence—the notice states this and indicates generally the penalties that apply; and\n- (e) a person gains access to the airport land by using another entrance.","sortOrder":84},{"sectionNumber":"sec.67","sectionType":"section","heading":"Offence of not complying with an airport notice","content":"### sec.67 Offence of not complying with an airport notice\n\nA person must comply with each requirement of an airport notice, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—\nfor a contravention of a requirement about the parking of an aircraft—50 penalty units; or\nfor a contravention of a requirement about the movement, handling or storage of goods—50 penalty units; or\nfor a contravention of a requirement about any other matter—25 penalty units.\n- (a) for a contravention of a requirement about the parking of an aircraft—50 penalty units; or\n- (b) for a contravention of a requirement about the movement, handling or storage of goods—50 penalty units; or\n- (c) for a contravention of a requirement about any other matter—25 penalty units.","sortOrder":85},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Authorised officers","content":"# Authorised officers","sortOrder":86},{"sectionNumber":"sec.68","sectionType":"section","heading":"Appointment and qualifications of authorised officers","content":"### sec.68 Appointment and qualifications of authorised officers\n\nAn airport lessor may appoint a person as an authorised officer for the airport.\nHowever, the airport lessor may appoint a person as an authorised officer for the airport only if the airport lessor is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\nA regulation may make provision about the appointment of authorised officers, including qualifications required for appointment.\n(sec.68-ssec.1) An airport lessor may appoint a person as an authorised officer for the airport.\n(sec.68-ssec.2) However, the airport lessor may appoint a person as an authorised officer for the airport only if the airport lessor is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n(sec.68-ssec.3) A regulation may make provision about the appointment of authorised officers, including qualifications required for appointment.","sortOrder":87},{"sectionNumber":"sec.69","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.69 Appointment conditions and limit on powers\n\nAn authorised officer holds office on any conditions stated in—\nthe authorised officer’s instrument of appointment; or\na signed notice given to the authorised officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the airport lessor or an officer of the airport lessor who is authorised by it to sign notices.\n(sec.69-ssec.1) An authorised officer holds office on any conditions stated in— the authorised officer’s instrument of appointment; or a signed notice given to the authorised officer; or a regulation.\n(sec.69-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.\n(sec.69-ssec.3) In this section— signed notice means a notice signed by the airport lessor or an officer of the airport lessor who is authorised by it to sign notices.\n- (a) the authorised officer’s instrument of appointment; or\n- (b) a signed notice given to the authorised officer; or\n- (c) a regulation.","sortOrder":88},{"sectionNumber":"sec.70","sectionType":"section","heading":"Issue of identity card","content":"### sec.70 Issue of identity card\n\nThe airport lessor must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photo of the authorised officer; and\ncontain a copy of the authorised officer’s signature; and\nidentify the person as an authorised officer for the airport under this Act; and\nstate an expiry date for the card.\n(sec.70-ssec.1) The airport lessor must issue an identity card to each authorised officer.\n(sec.70-ssec.2) The identity card must— contain a recent photo of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer for the airport under this Act; and state an expiry date for the card.\n- (a) contain a recent photo of the authorised officer; and\n- (b) contain a copy of the authorised officer’s signature; and\n- (c) identify the person as an authorised officer for the airport under this Act; and\n- (d) state an expiry date for the card.","sortOrder":89},{"sectionNumber":"sec.71","sectionType":"section","heading":"Production or display of identity card","content":"### sec.71 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an authorised officer must—\nproduce the authorised officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.71-ssec.1) In exercising a power under this Act in relation to a person, an authorised officer must— produce the authorised officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.71-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce the authorised officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":90},{"sectionNumber":"sec.72","sectionType":"section","heading":"When authorised officer ceases to hold office","content":"### sec.72 When authorised officer ceases to hold office\n\nAn authorised officer ceases to hold office if—\nthe term of office stated in a condition of office ends; or\nunder another condition of office, the authorised officer ceases to hold office.\nSubsection (1) does not limit the ways an authorised officer may stop holding office.\nIn this section—\ncondition of office means a condition on which the authorised officer holds office.\n(sec.72-ssec.1) An authorised officer ceases to hold office if— the term of office stated in a condition of office ends; or under another condition of office, the authorised officer ceases to hold office.\n(sec.72-ssec.2) Subsection (1) does not limit the ways an authorised officer may stop holding office.\n(sec.72-ssec.3) In this section— condition of office means a condition on which the authorised officer holds office.\n- (a) the term of office stated in a condition of office ends; or\n- (b) under another condition of office, the authorised officer ceases to hold office.","sortOrder":91},{"sectionNumber":"sec.73","sectionType":"section","heading":"Return of identity card","content":"### sec.73 Return of identity card\n\nA person who ceases to be an authorised officer for an airport must return the person’s identity card to the airport lessor within 14 days after ceasing to be an authorised officer unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":92},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Directions","content":"# Directions","sortOrder":93},{"sectionNumber":"sec.74","sectionType":"section","heading":"Authorised officer may give directions","content":"### sec.74 Authorised officer may give directions\n\nAn authorised officer for an airport may give a verbal direction to a person on the airport land if giving the direction is reasonably necessary to—\nensure the safety or security of the airport land, its users or the airport lessor’s employees or invitees; or\nprevent the person’s activities or conduct from affecting the airport’s operation.\na direction to control the parking of an aircraft or the movement, stopping or parking of a vehicle\na direction to control the movement, handling or storage of goods that are loaded, waiting to be loaded, unloaded or being transhipped\na direction to control the movement of persons\nSubsection (3) applies if an authorised officer—\nfinds a person committing an offence, or reasonably suspects that a person has just committed an offence, against section 85 ; or\nreasonably believes that a person’s presence at the airport facilities may pose a threat to the safety or security of the airport facilities, its users or the airport lessor’s employees or invitees; or\nreasonably believes that a person is in an area of the airport facilities without lawful justification or excuse.\nAn authorised officer may give a verbal direction to the person to—\nimmediately leave the airport facilities, or an area of the airport facilities; or\nimmediately leave the airport facilities, or an area of the airport facilities, and not return for at least 24 hours.\nAn authorised officer must identify himself or herself as an authorised officer if the authorised officer gives a verbal direction by radio, megaphone or another form of distance communication.\n(sec.74-ssec.1) An authorised officer for an airport may give a verbal direction to a person on the airport land if giving the direction is reasonably necessary to— ensure the safety or security of the airport land, its users or the airport lessor’s employees or invitees; or prevent the person’s activities or conduct from affecting the airport’s operation. a direction to control the parking of an aircraft or the movement, stopping or parking of a vehicle a direction to control the movement, handling or storage of goods that are loaded, waiting to be loaded, unloaded or being transhipped a direction to control the movement of persons\n(sec.74-ssec.2) Subsection (3) applies if an authorised officer— finds a person committing an offence, or reasonably suspects that a person has just committed an offence, against section 85 ; or reasonably believes that a person’s presence at the airport facilities may pose a threat to the safety or security of the airport facilities, its users or the airport lessor’s employees or invitees; or reasonably believes that a person is in an area of the airport facilities without lawful justification or excuse.\n(sec.74-ssec.3) An authorised officer may give a verbal direction to the person to— immediately leave the airport facilities, or an area of the airport facilities; or immediately leave the airport facilities, or an area of the airport facilities, and not return for at least 24 hours.\n(sec.74-ssec.4) An authorised officer must identify himself or herself as an authorised officer if the authorised officer gives a verbal direction by radio, megaphone or another form of distance communication.\n- (a) ensure the safety or security of the airport land, its users or the airport lessor’s employees or invitees; or\n- (b) prevent the person’s activities or conduct from affecting the airport’s operation.\n- • a direction to control the parking of an aircraft or the movement, stopping or parking of a vehicle\n- • a direction to control the movement, handling or storage of goods that are loaded, waiting to be loaded, unloaded or being transhipped\n- • a direction to control the movement of persons\n- (a) finds a person committing an offence, or reasonably suspects that a person has just committed an offence, against section 85 ; or\n- (b) reasonably believes that a person’s presence at the airport facilities may pose a threat to the safety or security of the airport facilities, its users or the airport lessor’s employees or invitees; or\n- (c) reasonably believes that a person is in an area of the airport facilities without lawful justification or excuse.\n- (a) immediately leave the airport facilities, or an area of the airport facilities; or\n- (b) immediately leave the airport facilities, or an area of the airport facilities, and not return for at least 24 hours.","sortOrder":94},{"sectionNumber":"sec.75","sectionType":"section","heading":"If a person does not comply with a direction","content":"### sec.75 If a person does not comply with a direction\n\nIf the person does not comply with a verbal direction given by an authorised officer under section 74 , the authorised officer may give the person a written notice stating—\nthe authorised officer’s name; and\nthe direction; and\na brief statement about the authorised officer’s reason for giving the direction; and\na further reasonable time within which the person must comply with the direction; and\nwhen the direction was given.\nIf it is not possible or reasonable for the authorised officer to give the person a written notice at the time the person does not comply with a verbal direction given by an authorised officer under section 74 , the authorised officer—\nmay give the person a further verbal direction stating the information mentioned in subsection (1) (a) to (d) ; and\nmust give the person the written notice the person would have received at the time the person did not comply with the verbal direction as soon as practicable after giving the further verbal direction.\nAt the time the authorised officer gives the person a written notice under subsection (1) , or a further verbal direction under subsection (2) (a) , the authorised officer must warn the person that the person may commit an offence unless the person complies with the direction within the stated time.\n(sec.75-ssec.1) If the person does not comply with a verbal direction given by an authorised officer under section 74 , the authorised officer may give the person a written notice stating— the authorised officer’s name; and the direction; and a brief statement about the authorised officer’s reason for giving the direction; and a further reasonable time within which the person must comply with the direction; and when the direction was given.\n(sec.75-ssec.2) If it is not possible or reasonable for the authorised officer to give the person a written notice at the time the person does not comply with a verbal direction given by an authorised officer under section 74 , the authorised officer— may give the person a further verbal direction stating the information mentioned in subsection (1) (a) to (d) ; and must give the person the written notice the person would have received at the time the person did not comply with the verbal direction as soon as practicable after giving the further verbal direction.\n(sec.75-ssec.3) At the time the authorised officer gives the person a written notice under subsection (1) , or a further verbal direction under subsection (2) (a) , the authorised officer must warn the person that the person may commit an offence unless the person complies with the direction within the stated time.\n- (a) the authorised officer’s name; and\n- (b) the direction; and\n- (c) a brief statement about the authorised officer’s reason for giving the direction; and\n- (d) a further reasonable time within which the person must comply with the direction; and\n- (e) when the direction was given.\n- (a) may give the person a further verbal direction stating the information mentioned in subsection (1) (a) to (d) ; and\n- (b) must give the person the written notice the person would have received at the time the person did not comply with the verbal direction as soon as practicable after giving the further verbal direction.","sortOrder":95},{"sectionNumber":"sec.76","sectionType":"section","heading":"Offence of not complying with a direction","content":"### sec.76 Offence of not complying with a direction\n\nUnless a person has a reasonable excuse, a person must comply with a direction given to the person by an authorised officer under section 75 , within the reasonable time stated in a written notice under section 75 (1) or as part of a further verbal direction under 75(2)(a).\nMaximum penalty—\nif the contravention results in a significant delay to airport operations—200 penalty units; or\notherwise—\nfor a contravention of a direction to leave the airport facilities or an area of the airport facilities, or leave the airport facilities or an area of the airport facilities and not return for 24 hours—100 penalty units; or\nfor a contravention of a direction about the parking of an aircraft—50 penalty units; or\nfor a contravention of a direction about the movement, handling or storage of goods—50 penalty units; or\nfor a contravention of another direction—25 penalty units.\n- (a) if the contravention results in a significant delay to airport operations—200 penalty units; or\n- (b) otherwise— (i) for a contravention of a direction to leave the airport facilities or an area of the airport facilities, or leave the airport facilities or an area of the airport facilities and not return for 24 hours—100 penalty units; or (ii) for a contravention of a direction about the parking of an aircraft—50 penalty units; or (iii) for a contravention of a direction about the movement, handling or storage of goods—50 penalty units; or (iv) for a contravention of another direction—25 penalty units.\n- (i) for a contravention of a direction to leave the airport facilities or an area of the airport facilities, or leave the airport facilities or an area of the airport facilities and not return for 24 hours—100 penalty units; or\n- (ii) for a contravention of a direction about the parking of an aircraft—50 penalty units; or\n- (iii) for a contravention of a direction about the movement, handling or storage of goods—50 penalty units; or\n- (iv) for a contravention of another direction—25 penalty units.\n- (i) for a contravention of a direction to leave the airport facilities or an area of the airport facilities, or leave the airport facilities or an area of the airport facilities and not return for 24 hours—100 penalty units; or\n- (ii) for a contravention of a direction about the parking of an aircraft—50 penalty units; or\n- (iii) for a contravention of a direction about the movement, handling or storage of goods—50 penalty units; or\n- (iv) for a contravention of another direction—25 penalty units.","sortOrder":96},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Moving contravening property","content":"# Moving contravening property","sortOrder":97},{"sectionNumber":"sec.77","sectionType":"section","heading":"Moving contravening property","content":"### sec.77 Moving contravening property\n\nThis section applies if—\nan authorised officer for an airport reasonably believes that an aircraft, vehicle or goods in an airport or at an airport facility is contravening property; and\nthe authorised officer reasonably believes that it is necessary to move the contravening property having regard to—\nthe efficient operation of the airport; or\nthe safety or security of the airport, its users or the airport lessor’s employees or invitees; and\nthe authorised officer—\ncan not immediately find the person in charge of the contravening property; or\nreasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\nThe authorised officer may—\ntake steps necessary and reasonable to have the contravening property moved; and\nif the contravening property is property in the form of goods that are perishable, or of little or no value, treat the goods as abandoned property under part 6 .\nIn this section—\ncontravening property means an aircraft, vehicle or goods that is parked or left in an airport or at an airport facility in contravention of—\na requirement of an airport notice; or\na direction of an authorised officer under part 3 .\nperson in charge , of contravening property, means—\nfor contravening property that is an aircraft—the aircraft’s pilot or another person in charge of the aircraft; or\nfor contravening property that is a vehicle—the driver of the vehicle or another person in charge of the vehicle; or\nfor contravening property that is property in the form of goods—the owner of the goods or another person in charge of the goods.\n(sec.77-ssec.1) This section applies if— an authorised officer for an airport reasonably believes that an aircraft, vehicle or goods in an airport or at an airport facility is contravening property; and the authorised officer reasonably believes that it is necessary to move the contravening property having regard to— the efficient operation of the airport; or the safety or security of the airport, its users or the airport lessor’s employees or invitees; and the authorised officer— can not immediately find the person in charge of the contravening property; or reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\n(sec.77-ssec.2) The authorised officer may— take steps necessary and reasonable to have the contravening property moved; and if the contravening property is property in the form of goods that are perishable, or of little or no value, treat the goods as abandoned property under part 6 .\n(sec.77-ssec.3) In this section— contravening property means an aircraft, vehicle or goods that is parked or left in an airport or at an airport facility in contravention of— a requirement of an airport notice; or a direction of an authorised officer under part 3 . person in charge , of contravening property, means— for contravening property that is an aircraft—the aircraft’s pilot or another person in charge of the aircraft; or for contravening property that is a vehicle—the driver of the vehicle or another person in charge of the vehicle; or for contravening property that is property in the form of goods—the owner of the goods or another person in charge of the goods.\n- (a) an authorised officer for an airport reasonably believes that an aircraft, vehicle or goods in an airport or at an airport facility is contravening property; and\n- (b) the authorised officer reasonably believes that it is necessary to move the contravening property having regard to— (i) the efficient operation of the airport; or (ii) the safety or security of the airport, its users or the airport lessor’s employees or invitees; and\n- (i) the efficient operation of the airport; or\n- (ii) the safety or security of the airport, its users or the airport lessor’s employees or invitees; and\n- (c) the authorised officer— (i) can not immediately find the person in charge of the contravening property; or (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\n- (i) can not immediately find the person in charge of the contravening property; or\n- (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\n- (i) the efficient operation of the airport; or\n- (ii) the safety or security of the airport, its users or the airport lessor’s employees or invitees; and\n- (i) can not immediately find the person in charge of the contravening property; or\n- (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\n- (a) take steps necessary and reasonable to have the contravening property moved; and\n- (b) if the contravening property is property in the form of goods that are perishable, or of little or no value, treat the goods as abandoned property under part 6 .\n- (a) a requirement of an airport notice; or\n- (b) a direction of an authorised officer under part 3 .\n- (a) for contravening property that is an aircraft—the aircraft’s pilot or another person in charge of the aircraft; or\n- (b) for contravening property that is a vehicle—the driver of the vehicle or another person in charge of the vehicle; or\n- (c) for contravening property that is property in the form of goods—the owner of the goods or another person in charge of the goods.","sortOrder":98},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Other powers and offences","content":"# Other powers and offences","sortOrder":99},{"sectionNumber":"sec.78","sectionType":"section","heading":"Power to require name and address","content":"### sec.78 Power to require name and address\n\nAn authorised officer for an airport may require a person on the airport land to state the person’s name and address if the authorised officer—\nfinds the person committing an offence against this chapter; or\nreasonably suspects the person has just committed an offence against this chapter.\nWhen making the requirement, the authorised officer must warn the person that it is an offence to fail to state the person’s name and address unless the person has a reasonable excuse.\nThe authorised officer may require the person to give evidence of the correctness of the person’s stated name and address if the authorised officer reasonably suspects the stated name or address is false.\nA person must comply with the authorised officer’s requirement under subsection (1) or (3) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—10 penalty units.\nThe person does not commit an offence against this section if—\nthe authorised officer required the person to state the person’s name and address in the circumstances mentioned in subsection (1) (a) or (b) ; and\nthe person is not proved to have committed the offence.\nIn this section—\noffence against this chapter includes an offence against section 105 for an attempt to commit an offence against this chapter.\n(sec.78-ssec.1) An authorised officer for an airport may require a person on the airport land to state the person’s name and address if the authorised officer— finds the person committing an offence against this chapter; or reasonably suspects the person has just committed an offence against this chapter.\n(sec.78-ssec.2) When making the requirement, the authorised officer must warn the person that it is an offence to fail to state the person’s name and address unless the person has a reasonable excuse.\n(sec.78-ssec.3) The authorised officer may require the person to give evidence of the correctness of the person’s stated name and address if the authorised officer reasonably suspects the stated name or address is false.\n(sec.78-ssec.4) A person must comply with the authorised officer’s requirement under subsection (1) or (3) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.\n(sec.78-ssec.5) The person does not commit an offence against this section if— the authorised officer required the person to state the person’s name and address in the circumstances mentioned in subsection (1) (a) or (b) ; and the person is not proved to have committed the offence.\n(sec.78-ssec.6) In this section— offence against this chapter includes an offence against section 105 for an attempt to commit an offence against this chapter.\n- (a) finds the person committing an offence against this chapter; or\n- (b) reasonably suspects the person has just committed an offence against this chapter.\n- (a) the authorised officer required the person to state the person’s name and address in the circumstances mentioned in subsection (1) (a) or (b) ; and\n- (b) the person is not proved to have committed the offence.","sortOrder":100},{"sectionNumber":"sec.79","sectionType":"section","heading":"Inspection of documents","content":"### sec.79 Inspection of documents\n\nAn authorised officer for an airport may require a person, who is or may be liable to pay a charge to the airport operator, to produce for the authorised officer’s inspection, documents that are—\nunder the person’s control; and\nrelevant to deciding—\nwhether the person is liable to pay the charge; or\nthe amount of the charge.\nThe person must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty for subsection (2) —50 penalty units.\n(sec.79-ssec.1) An authorised officer for an airport may require a person, who is or may be liable to pay a charge to the airport operator, to produce for the authorised officer’s inspection, documents that are— under the person’s control; and relevant to deciding— whether the person is liable to pay the charge; or the amount of the charge.\n(sec.79-ssec.2) The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection (2) —50 penalty units.\n- (a) under the person’s control; and\n- (b) relevant to deciding— (i) whether the person is liable to pay the charge; or (ii) the amount of the charge.\n- (i) whether the person is liable to pay the charge; or\n- (ii) the amount of the charge.\n- (i) whether the person is liable to pay the charge; or\n- (ii) the amount of the charge.","sortOrder":101},{"sectionNumber":"sec.80","sectionType":"section","heading":"Inspection of aircraft, vehicles and goods","content":"### sec.80 Inspection of aircraft, vehicles and goods\n\nThis section applies only to the extent necessary to allow an authorised officer for an airport to decide—\nwhether a charge is payable in relation to an aircraft or goods; and\nthe amount of the charge.\nA person in charge of a conveyance on the airport land must allow the authorised officer to enter and inspect the conveyance, or inspect goods on or in the conveyance, if asked by the authorised officer.\nMaximum penalty—50 penalty units.\nIn this section—\nconveyance means an aircraft or vehicle.\n(sec.80-ssec.1) This section applies only to the extent necessary to allow an authorised officer for an airport to decide— whether a charge is payable in relation to an aircraft or goods; and the amount of the charge.\n(sec.80-ssec.2) A person in charge of a conveyance on the airport land must allow the authorised officer to enter and inspect the conveyance, or inspect goods on or in the conveyance, if asked by the authorised officer. Maximum penalty—50 penalty units.\n(sec.80-ssec.3) In this section— conveyance means an aircraft or vehicle.\n- (a) whether a charge is payable in relation to an aircraft or goods; and\n- (b) the amount of the charge.","sortOrder":102},{"sectionNumber":"sec.81","sectionType":"section","heading":"Obstructing authorised officer","content":"### sec.81 Obstructing authorised officer\n\nA person on airport land must not obstruct an authorised officer for the airport in the exercise of a power under this part, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIn this section—\nobstruct includes hinder, resist, insult, attempt to obstruct and threaten to obstruct.\n(sec.81-ssec.1) A person on airport land must not obstruct an authorised officer for the airport in the exercise of a power under this part, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.81-ssec.2) In this section— obstruct includes hinder, resist, insult, attempt to obstruct and threaten to obstruct.","sortOrder":103},{"sectionNumber":"sec.82","sectionType":"section","heading":"False or misleading statement","content":"### sec.82 False or misleading statement\n\nA person must not state anything to an authorised officer that the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nIt is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.82-ssec.1) A person must not state anything to an authorised officer that the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.82-ssec.2) It is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":104},{"sectionNumber":"sec.83","sectionType":"section","heading":"False or misleading document","content":"### sec.83 False or misleading document\n\nA person must not give an authorised officer a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person if the person when giving the document—\ntells the authorised officer, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint for an offence against subsection (1) to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.83-ssec.1) A person must not give an authorised officer a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.83-ssec.2) Subsection (1) does not apply to a person if the person when giving the document— tells the authorised officer, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.83-ssec.3) It is enough for a complaint for an offence against subsection (1) to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.\n- (a) tells the authorised officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":105},{"sectionNumber":"sec.84","sectionType":"section","heading":"Impersonating an authorised officer","content":"### sec.84 Impersonating an authorised officer\n\nA person must not pretend to be an authorised officer.\nMaximum penalty—50 penalty units.","sortOrder":106},{"sectionNumber":"sec.85","sectionType":"section","heading":"Conduct causing public nuisance","content":"### sec.85 Conduct causing public nuisance\n\nA person at an airport operator’s airport facilities must not be disorderly or create a disturbance.\nMaximum penalty—50 penalty units.","sortOrder":107},{"sectionNumber":"sec.86","sectionType":"section","heading":"Interfering with airport notices","content":"### sec.86 Interfering with airport notices\n\nThis section applies to an airport notice other than an airport notice published on an airport lessor’s website.\nA person must not unlawfully interfere with the airport notice.\nMaximum penalty—25 penalty units.\nIn this section—\ninterfere , with an airport notice, includes removing, defacing or damaging the airport notice.\n(sec.86-ssec.1) This section applies to an airport notice other than an airport notice published on an airport lessor’s website.\n(sec.86-ssec.2) A person must not unlawfully interfere with the airport notice. Maximum penalty—25 penalty units.\n(sec.86-ssec.3) In this section— interfere , with an airport notice, includes removing, defacing or damaging the airport notice.","sortOrder":108},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Disposal of abandoned property","content":"# Disposal of abandoned property","sortOrder":109},{"sectionNumber":"sec.87","sectionType":"section","heading":"Definitions for pt 6","content":"### sec.87 Definitions for pt 6\n\nIn this part—\nabandoned property means property that an airport operator reasonably believes has been abandoned on the airport operator’s airport land including, for example, goods, an aircraft, a vehicle or a thing attached to, or contained in, an aircraft or a vehicle.\ninsufficient value property means abandoned property that—\nis of no value; or\nif sold by an airport operator, would not be likely to return sufficient proceeds of sale to cover the total of the following amounts—\nthe expenses reasonably incurred by the airport operator in selling the property;\nthe expenses reasonably incurred by the airport operator in dealing with the property under this part;\nthe charges, interest and other expenses owing to the airport operator in relation to the property.\n- (a) is of no value; or\n- (b) if sold by an airport operator, would not be likely to return sufficient proceeds of sale to cover the total of the following amounts— (i) the expenses reasonably incurred by the airport operator in selling the property; (ii) the expenses reasonably incurred by the airport operator in dealing with the property under this part; (iii) the charges, interest and other expenses owing to the airport operator in relation to the property.\n- (i) the expenses reasonably incurred by the airport operator in selling the property;\n- (ii) the expenses reasonably incurred by the airport operator in dealing with the property under this part;\n- (iii) the charges, interest and other expenses owing to the airport operator in relation to the property.\n- (i) the expenses reasonably incurred by the airport operator in selling the property;\n- (ii) the expenses reasonably incurred by the airport operator in dealing with the property under this part;\n- (iii) the charges, interest and other expenses owing to the airport operator in relation to the property.","sortOrder":110},{"sectionNumber":"sec.88","sectionType":"section","heading":"Reasonable steps must be taken to find owner","content":"### sec.88 Reasonable steps must be taken to find owner\n\nThis section applies to abandoned property found on the airport operator’s airport land, unless—\nit is insufficient value property; or\nit is perishable and it is impracticable for the airport operator to keep it having regard to its nature and condition.\nThe airport operator—\nmust take reasonable steps to locate the owner of the property; and\nmay have the property moved to a place it considers appropriate.\nIf the airport operator has located the owner of the property within 28 days after the property was found, the airport operator must give the owner a written notice—\ndescribing the property; and\nstating the property has been found; and\nexplaining how it may be recovered; and\nstating the property may be sold or disposed of if it is not recovered.\nIf the airport operator has not located the owner of the property within 28 days after finding the property, the airport operator must publish a notice in a newspaper circulating generally in the State that includes the matters mentioned in subsection (3) (a) to (d) .\n(sec.88-ssec.1) This section applies to abandoned property found on the airport operator’s airport land, unless— it is insufficient value property; or it is perishable and it is impracticable for the airport operator to keep it having regard to its nature and condition.\n(sec.88-ssec.2) The airport operator— must take reasonable steps to locate the owner of the property; and may have the property moved to a place it considers appropriate.\n(sec.88-ssec.3) If the airport operator has located the owner of the property within 28 days after the property was found, the airport operator must give the owner a written notice— describing the property; and stating the property has been found; and explaining how it may be recovered; and stating the property may be sold or disposed of if it is not recovered.\n(sec.88-ssec.4) If the airport operator has not located the owner of the property within 28 days after finding the property, the airport operator must publish a notice in a newspaper circulating generally in the State that includes the matters mentioned in subsection (3) (a) to (d) .\n- (a) it is insufficient value property; or\n- (b) it is perishable and it is impracticable for the airport operator to keep it having regard to its nature and condition.\n- (a) must take reasonable steps to locate the owner of the property; and\n- (b) may have the property moved to a place it considers appropriate.\n- (a) describing the property; and\n- (b) stating the property has been found; and\n- (c) explaining how it may be recovered; and\n- (d) stating the property may be sold or disposed of if it is not recovered.","sortOrder":111},{"sectionNumber":"sec.89","sectionType":"section","heading":"A person may claim property","content":"### sec.89 A person may claim property\n\nThe airport operator must return abandoned property to a person if the person, within 28 days after the notice is given or published under section 88 —\nsatisfies the airport operator that the person is the owner of the property; and\npays the expenses reasonably incurred by the airport operator in dealing with the property under this part.\n- (a) satisfies the airport operator that the person is the owner of the property; and\n- (b) pays the expenses reasonably incurred by the airport operator in dealing with the property under this part.","sortOrder":112},{"sectionNumber":"sec.90","sectionType":"section","heading":"If property not claimed","content":"### sec.90 If property not claimed\n\nIf a person does not claim the abandoned property within 28 days after an airport operator has given or published a notice under section 88 about it, the airport operator may sell the property.","sortOrder":113},{"sectionNumber":"sec.91","sectionType":"section","heading":"Sale of perishable property","content":"### sec.91 Sale of perishable property\n\nThe airport operator may sell abandoned property if it is perishable and it is impracticable for the airport operator to keep it having regard to its nature and condition.","sortOrder":114},{"sectionNumber":"sec.92","sectionType":"section","heading":"Proceeds from the sale of abandoned property","content":"### sec.92 Proceeds from the sale of abandoned property\n\nIf abandoned property is sold by an airport operator, the proceeds of the sale must be applied in the following order—\nin payment of the expenses reasonably incurred by the airport operator in selling the property;\nin payment of the expenses reasonably incurred by the airport operator in dealing with the property under this part;\nin payment of charges, interest and other expenses owing to the airport operator in relation to the property;\nin payment of any balance to the owner.\nIf the proceeds of the sale are less than the total of the expenses mentioned in subsection (1) (a) , (b) and (c) , the difference is a debt owing to the airport operator by the owner.\nIf the proceeds of the sale are more than the total of the expenses mentioned in subsection (1) (a) , (b) and (c) , and the airport operator can not locate the owner, the airport operator must pay the amount of the difference to the public trustee.\nThe public trustee must pay the amount into the unclaimed moneys fund kept under the Public Trustee Act 1978 .\nCompensation may not be recovered against the airport operator in relation to a payment made honestly and without negligence under this section.\n(sec.92-ssec.1) If abandoned property is sold by an airport operator, the proceeds of the sale must be applied in the following order— in payment of the expenses reasonably incurred by the airport operator in selling the property; in payment of the expenses reasonably incurred by the airport operator in dealing with the property under this part; in payment of charges, interest and other expenses owing to the airport operator in relation to the property; in payment of any balance to the owner.\n(sec.92-ssec.2) If the proceeds of the sale are less than the total of the expenses mentioned in subsection (1) (a) , (b) and (c) , the difference is a debt owing to the airport operator by the owner.\n(sec.92-ssec.3) If the proceeds of the sale are more than the total of the expenses mentioned in subsection (1) (a) , (b) and (c) , and the airport operator can not locate the owner, the airport operator must pay the amount of the difference to the public trustee.\n(sec.92-ssec.4) The public trustee must pay the amount into the unclaimed moneys fund kept under the Public Trustee Act 1978 .\n(sec.92-ssec.5) Compensation may not be recovered against the airport operator in relation to a payment made honestly and without negligence under this section.\n- (a) in payment of the expenses reasonably incurred by the airport operator in selling the property;\n- (b) in payment of the expenses reasonably incurred by the airport operator in dealing with the property under this part;\n- (c) in payment of charges, interest and other expenses owing to the airport operator in relation to the property;\n- (d) in payment of any balance to the owner.","sortOrder":115},{"sectionNumber":"sec.93","sectionType":"section","heading":"Abandoned property of no value","content":"### sec.93 Abandoned property of no value\n\nAn airport operator may dispose of abandoned property that is insufficient value property in the way the airport operator considers appropriate.","sortOrder":116},{"sectionNumber":"ch.4-pt.7","sectionType":"part","heading":"General","content":"# General","sortOrder":117},{"sectionNumber":"sec.94","sectionType":"section","heading":"Delegation","content":"### sec.94 Delegation\n\nAn airport lessor may delegate a function under this chapter to an airport operator.\nIt is a condition of a lease of airport land that the airport lessee must comply with, or ensure the airport manager complies with, the lawful directions of the airport lessor in relation to the performance of any delegated functions.\nA regulation or the conditions of a delegation may require an airport operator to establish a system for monitoring, and receiving and dealing with complaints about, the performance of delegated functions.\nIn this section—\ndelegated function means a function of an airport lessor delegated to an airport operator.\n(sec.94-ssec.1) An airport lessor may delegate a function under this chapter to an airport operator.\n(sec.94-ssec.2) It is a condition of a lease of airport land that the airport lessee must comply with, or ensure the airport manager complies with, the lawful directions of the airport lessor in relation to the performance of any delegated functions.\n(sec.94-ssec.3) A regulation or the conditions of a delegation may require an airport operator to establish a system for monitoring, and receiving and dealing with complaints about, the performance of delegated functions.\n(sec.94-ssec.4) In this section— delegated function means a function of an airport lessor delegated to an airport operator.","sortOrder":118},{"sectionNumber":"sec.95","sectionType":"section","heading":"Appointment of airport manager","content":"### sec.95 Appointment of airport manager\n\nThe airport lessor for an airport may appoint a person as airport manager of the airport.\nAn airport lessee for an airport may, with the written approval of the airport lessor, appoint a person as airport manager of the airport.\n(sec.95-ssec.1) The airport lessor for an airport may appoint a person as airport manager of the airport.\n(sec.95-ssec.2) An airport lessee for an airport may, with the written approval of the airport lessor, appoint a person as airport manager of the airport.","sortOrder":119},{"sectionNumber":"sec.96","sectionType":"section","heading":"Liability for acts of authorised officers, and related matters","content":"### sec.96 Liability for acts of authorised officers, and related matters\n\nIf a person is appointed as an authorised officer by a delegate of an airport lessor—\nthe person is not an officer, employee or agent of the airport lessor only because of that appointment; and\nthe airport lessor is not civilly liable for an act done, or omission made, by the person as an authorised officer.\nIf subsection (1) prevents a civil liability attaching to an airport lessor, the liability attaches instead to the delegate.\nAn authorised officer is not civilly liable for an act done, or omission made, by the officer for an airport operator honestly and without negligence.\nIf subsection (3) prevents a civil liability attaching to an authorised officer, the liability attaches instead to the airport operator that appointed the officer.\n(sec.96-ssec.1) If a person is appointed as an authorised officer by a delegate of an airport lessor— the person is not an officer, employee or agent of the airport lessor only because of that appointment; and the airport lessor is not civilly liable for an act done, or omission made, by the person as an authorised officer.\n(sec.96-ssec.2) If subsection (1) prevents a civil liability attaching to an airport lessor, the liability attaches instead to the delegate.\n(sec.96-ssec.3) An authorised officer is not civilly liable for an act done, or omission made, by the officer for an airport operator honestly and without negligence.\n(sec.96-ssec.4) If subsection (3) prevents a civil liability attaching to an authorised officer, the liability attaches instead to the airport operator that appointed the officer.\n- (a) the person is not an officer, employee or agent of the airport lessor only because of that appointment; and\n- (b) the airport lessor is not civilly liable for an act done, or omission made, by the person as an authorised officer.","sortOrder":120},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Cairns airport land","content":"# Cairns airport land","sortOrder":121},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Mackay airport land","content":"# Mackay airport land","sortOrder":122}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":697},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. The extract shows the Act was designed to facilitate airport privatisation and establish a planning regime for Cairns and Mackay airports. The provisions align with this purpose — the Ministerial powers, transfer notices, land use plans, and operational rules all serve the core objectives stated in section 3. No significant scope creep is evident in the provided text."},"complexity_factors":["Multiple overlapping regimes: privatisation, planning, and operational enforcement in one Act","Extensive cross-referencing to other legislation (Planning Act, Land Act, Corporations Act, etc.)","Nested definitions and conditional triggers (e.g., 'airport land' only exists after 'completion day')","Ministerial powers that override other laws with explicit 'despite' clauses","Complex land use planning requirements with 8-year cycles, consultation periods, and multiple approval pathways","Detailed procedural rules for authorised officers, identity cards, directions, and enforcement","Extensive use of defined terms in Schedule 3 dictionary (referenced but not shown in extract)","Time-limited powers (Minister cannot act after 1 July 2009) creating temporal complexity"],"plain_english_summary":"This Queensland Act facilitates the **privatisation of three airports** — Cairns, Mackay and Brisbane — and establishes a **special planning regime** for Cairns and Mackay airport land.\n\n**What it does:**\n\n- **Airport privatisation (Chapter 2):** Gives the Minister sweeping powers to restructure and sell airport assets. The Minister can issue \"transfer notices\" to move shares, businesses, assets and liabilities between government entities; direct airport companies to take specific actions; and override normal corporate and planning laws. These decisions cannot be challenged in court.\n\n- **Planning regime for Cairns and Mackay (Chapter 3):** Creates a separate planning system for these two airports, replacing normal local council planning controls. Airport lessees must prepare **land use plans** every 8 years covering development, infrastructure, environmental protection and heritage. The Planning Act applies with modifications — for example, local planning instruments don't apply to airport land, and development approvals are handled differently.\n\n- **Airport operations (Chapter 4):** Sets up rules for day-to-day airport management, including:\n  - **Airport notices** controlling movement of people, vehicles and aircraft\n  - **Authorised officers** who can give directions and issue penalties\n  - **Powers to move abandoned or improperly parked property**\n  - **Offences** for non-compliance, false statements, and public nuisance\n\n**Who it affects:**\n- Government-owned airport corporations and their employees\n- Prospective private purchasers of airport assets\n- Local governments (Cairns and Mackay), which lose normal planning authority over airport land\n- Developers and businesses operating on airport land\n- Airport users (passengers, airlines, freight operators)\n\n**Why it matters:**\nThis was a major asset sale by the Queensland Government. The Act deliberately concentrates extraordinary power in the Minister to push through the privatisation quickly, with limited transparency and no judicial review. The planning provisions create a unique regulatory zone where normal democratic planning processes don't apply, and the operational rules give airport operators significant enforcement powers over people and property on airport land."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act was introduced to facilitate disposal of certain airport interests and to establish a planning regime for Cairns and Mackay airports (sec.3). Over time the statute has come to bundle a broader and more detailed operational and regulatory framework for airport land beyond mere disposal mechanics. Concretely: (a) it creates a permanent, statutory land use planning regime specific to Cairns and Mackay with detailed consultation, approval and charges rules (ch.3, secs 31–43); (b) it establishes operational powers for airport lessors and authorised officers to control on‑site activity and to enforce offences and penalties (ch.4, secs 62–86); and (c) it contains detailed administrative mechanics on information disclosure, confidentiality, registration of transfers and disposal of abandoned property (secs 22–24, 88–93).  \n\nThese additions mean the Act now combines (i) an initially time‑limited transfer/privatisation toolkit (note sec.21 which limits Ministerial functions after 1 July 2009) with (ii) an enduring, place‑based planning and operational regulatory regime for airport land. That is a meaningful expansion from a narrow divestment statute to an instrument that also defines ongoing land use control, on‑site rules and enforcement powers for the specified airports."},"complexity_factors":["Multiple subject matters combined: asset transfer regime, planning regime, operational controls and enforcement, employee protections and abandoned property rules (chapters 2–4).","Extensive cross‑references to other Acts (Planning Act, Land Act 1994, Corporations Act, Duties Act 2001, Property Law Act 2023, Public Records Act 2023), requiring integrated legal reading.","Transfer notice powers with many specific sub‑powers and consequences (sec.12 contains 15+ discrete subparts and consequential rules).","Finality clause removing judicial review for decisions under the restructuring chapter (sec.20) paired with ministerial conclusive certificates (sec.29).","Timetable and procedural steps for land use plans with staged requirements, consultation periods (20/40 business days), ministerial directions and possible Governor in Council approval (secs 31–41).","Many defined terms and actor types (airport entity list in sec.6, definitions for 'airport land', 'core matters' and terms used across parts).","Nested exceptions and limits (for example, limits on local government charges and specific categories allowed in charges schedules — secs 35, 43; also restrictions on applicability of some Planning Act provisions — secs 47–55), creating conditional logic.","Multiple penalty and offence provisions with tiered penalty units across several sections (chs 4–5).","Amendments added over time (annotations show amendments in 2009, 2012, 2014, 2016, 2023), increasing interpretative complexity about current vs. original provisions.","Interaction of temporary/time‑limited powers (sec.21 preventing Minister action on/after 1 July 2009) with continuing planning and operational provisions."],"plain_english_summary":"**What this law does (mechanically)\n\n- Gives the Queensland Government specific powers to restructure and dispose of certain airport businesses, assets, shares and liabilities connected with Cairns, Mackay and Brisbane airports, and to take steps that facilitate those disposals (the \"project\") (see sec.3 and sec.5).  \n\n- Authorises the Minister to make a single‑instrument transfer (a \"transfer notice\") published in the gazette that can: transfer shares, assets or liabilities between airport entities or to the State; vary leases, easements and reserve trusteeship under the Land Act 1994; deal with employee transfers/secondments; specify consideration for transfers; and make other consequential legal arrangements necessary to effect the transfers (see sec.12). A transfer notice operates despite any other law or instrument (sec.12(5), sec.15).  \n\n- Limits legal challenge to decisions under the restructuring chapter: decisions under that chapter are declared final and not reviewable by judicial review or other court processes (sec.20).  \n\n- Provides that certain usual costs and formalities do not apply to actions under the transfer regime (for example, no duty payable under the Duties Act in relation to things done under a transfer notice — sec.17), and gives evidentiary weight to Ministerial certificates about project matters (sec.29).  \n\n- Establishes a statutory, specialised planning regime for Cairns and Mackay airport land: the Minister publishes an initial land use plan (the \"first\" plan) then the airport lessee must prepare replacement/amended plans on a timetable and follow a prescribed consultation and approval process involving the planning Minister, the planning chief executive and local government (see ch.3, esp. secs 31–41). Land use plans may set how airport land development is assessed under the Planning Act and include a charges schedule for certain local infrastructure (secs 35, 43).  \n\n- Gives airport lessors and their authorised officers powers to control on‑site activities by issuing airport notices, giving directions, inspecting property and moving contravening property; it sets offences and penalties for non‑compliance (see ch.4, esp. secs 62–77, 67, 76).  \n\n- Preserves employee entitlements and continuity where employees are seconded or transferred as part of the project (secs 13, 27, 28).  \n\n- Provides practical rules about confidentiality agreements with prospective purchasers, disclosure and use of airport information for the project, registration of transfers with land registries, and disposal of abandoned property (secs 22–24, 88–93). \n\nWho this affects\n\n- The Minister and the planning Minister: they exercise major decision and approval powers (secs 12, 14, 31, 41).  \n- Specified airport entities (\"airport entities\" include Cairns Ports, Mackay Ports, POBC, Gateway, QIC and related companies) and the State (sec.6).  \n- Airport lessors, airport lessees and airport operators: the Act allocates powers and duties among them (chs 3–4).  \n- Local governments and the planning chief executive: they are participants in the land use plan process and receive notices/approvals (secs 31, 38–41, 44, 57).  \n- Prospective purchasers of airport entities or assets (confidentiality agreements, sec.23).  \n- Employees who are seconded or transferred as part of restructuring (secs 13, 27, 28).  \n- Users, visitors and service providers on airport land who must comply with airport notices and authorised officer directions (chs 4–5). \n\nWhy it matters (practical consequences, incentives and trade‑offs)\n\n- Lowers transaction barriers for asset transfers. The transfer notice power is designed to remove or short‑circuit legal, administrative and contractual obstacles to restructuring and sale: it can override other laws and instruments, dispense with duties, and treat consents or notices as given (secs 12, 15, 17, 25). Mechanically, that speeds transfers and reduces negotiation frictions for buyers and the State.  \n\n- Centralises and concentrates decision authority in the executive. The Minister (and the planning Minister for land use plans) can direct outcomes and the Act makes those decisions final and not subject to judicial review (sec.20). That reduces procedural delay and legal risk for the project sponsor, but concentrates discretion in Ministers and increases implementation risk where affected parties have limited legal remedies.  \n\n- Protects employee entitlements while shifting organisational arrangements. Employee secondments or transfers are protected from loss of benefits or broken continuity, which reduces employment risk for staff moved between airport entities (secs 13, 27, 28). Employers and transferees still face the administrative burden of recording and maintaining entitlements.  \n\n- Creates a tailored planning regime for airport land that limits local planning controls and compensation claims. Airport land is removed from ordinary local planning instruments (sec.48), land use plans prepared under the Act can prevail over the Planning Act where inconsistent (sec.47), and people are denied compensation claims under the Planning Act or other law for changes to a land use plan (sec.52). That gives the lessee and State more regulatory certainty about permitted uses but reduces local governments' planning levers and private parties' compensation remedies.  \n\n- Preserves some local inputs but narrows the scope of local fees. Local government participates in preparing charges schedules and making submissions on draft land use plans, but charges local government may levy are limited to specified categories (drainage, public transport, roads, sewerage and water headworks) and must be relevant to the development (secs 35, 43). That balances local cost recovery against unlimited levies, but may leave local governments with constrained revenue options for other local infrastructure.  \n\n- Imposes compliance and administrative burdens on airport lessees and managers. Lessees must prepare statements of proposal, draft plans, conduct public consultation within set timeframes (20/40 business days) and publish plans on their website (secs 36–38, 42). Airport lessors/operators must staff authorised officers, publish airport notices and maintain procedures for delegated functions and complaints (secs 63, 68, 94).  \n\n- Risks of concentrated benefits and substitution effects. By facilitating disposal of airport assets and restructuring, benefits (sale proceeds, future control of airport land) concentrate with purchasers or the State (sec.3 intention statement). The Act may change who controls development rights on airport land, with potential substitution away from local development patterns; those effects will depend on how land use plans and charges schedules are used (secs 3, 35, 43).  \n\nImplementation and legal risk considerations\n\n- Strong ministerial instruments are given conclusive weight in legal proceedings (ministerial certificates are conclusive evidence — sec.29), and transfer notices operate despite other laws (secs 12(5), 15). That reduces litigation risk for the State and buyers but limits remedies for third parties.  \n\n- There is a statutory time limit on when the Minister may exercise the restructuring powers: the Minister may not perform a function under the restructuring chapter on or after 1 July 2009 (sec.21). That means the extraordinary transfer powers were intended as a limited window for executing the project.  \n\n- The Act cross‑references and modifies a number of other important laws (Planning Act, Land Act 1994, Corporations Act, Duties Act, Property Law Act, Public Records Act). That creates layered compliance requirements and potential technical complexity for lawyers and administrators (multiple cross‑references throughout chapter 2 and chapter 3).  \n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: local governments may levy narrowly defined infrastructure charges (secs 35, 43) and owners reclaiming abandoned property must reimburse airport operators' reasonable expenses (sec.89). Buyers of airports or assets bear consideration agreed in transfer notices (sec.12). Where sale proceeds are realised, the Parliament intended funds to be applied to health and regional infrastructure and surplus to a Queensland future growth fund (sec.3).  \n- Who decides: the Minister (for transfers and directions), the planning Minister (for approving land use plans and directions), the planning chief executive (administrative planning functions), local governments (consultation, limited role in charges), and airport lessors/operators (airport notices, authorised officers) (secs 12, 14, 31, 41, 62–69).  \n- Behaviour changes: airport entities must cooperate with Ministerial directions (sec.14); lessees must prepare and follow land use plans (ch.3); prospective purchasers will use confidentiality deeds (sec.23); users and commercial tenants on airport land will comply with airport notices and authorised officer directions (chs 4–5).  \n\nNet effect in plain terms\n\nMechanically, the Act is a package that (a) enables a time‑bounded executive process for restructuring and selling specified airport assets with legal instruments that override ordinary statutory and contractual processes, and (b) establishes a dedicated planning and operational regime for Cairns and Mackay airport land which governs development approvals, on‑site rules and enforcement. The trade‑off embedded in the Act is faster, simpler transfers and regulatory certainty for the project in return for concentrated executive discretion, constrained local planning levers and limited judicial review of restructuring decisions (see secs 12, 15, 20, 31–41, 48, 52)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original stated purposes focused on the disposal (sale) of airport interests and establishing a planning regime for Cairns and Mackay. However, the scope expanded considerably to include: a comprehensive ongoing land use planning system with 8-year renewal cycles (far beyond a one-off privatisation tool); detailed infrastructure charges coordination between private airport operators and local governments; employee protection provisions creating long-term employment rights; and an enduring special planning jurisdiction that permanently removes airport land from local council planning control. The privatisation mechanism was temporary (expiring 1 July 2009), but the planning and operational framework is permanent and ongoing."},"complexity_factors":["Multiple interacting corporate entities (Cairns Ports, Mackay Ports, POBC, Gateway, QIC, QTH, BAC Holdings) with different rules applying to each","Parallel but distinct regimes for Cairns/Mackay airports versus Brisbane Airport","Extensive cross-referencing to multiple other Queensland Acts (Planning Act, Land Act 1994, Duties Act 2001, Government Owned Corporations Act, Property Law Act, Public Records Act, Corporations Act)","Layered planning regime with first land use plans, replacement plans, amendments (minor and major), statements of proposal, and draft plans — each with different procedural requirements","Ouster of judicial review (decisions are explicitly made non-reviewable by any court or tribunal), which is constitutionally significant","Deemed consent and notice provisions that override normal contractual and statutory requirements","Multiple defined terms with complex interrelationships (airport entity, airport land, airport lessee, completion day, project, etc.)","Transitional and temporal complexity — different provisions commence at different times, with sunset on Ministerial powers at 1 July 2009","Employee protection provisions applying differently to seconded versus transferred workers, with carve-outs for directors","Infrastructure charges framework requiring coordination between airport lessee, local government and planning Minister across a charges schedule and infrastructure interface plan"],"plain_english_summary":"Enables Queensland to sell its interests in Cairns, Mackay and Brisbane airports, directing proceeds to health, regional infrastructure and a future growth fund. The Minister received broad, non‑reviewable powers to restructure and transfer airport assets; sales had to finish by 1 July 2009 and attracted no stamp duty.\n\nProtects airport workers’ pay, leave and service on transfer; creates special land‑use plans for Cairns and Mackay that override local zoning and govern development; developers are assessed against those plans, and prospective buyers could access confidential sale information."}},"importantCases":[],"_links":{"self":"/api/acts/airport-assets-restructuring-and-disposal-act-2008","history":"/api/acts/airport-assets-restructuring-and-disposal-act-2008/history","analysis":"/api/acts/airport-assets-restructuring-and-disposal-act-2008/analysis","conflicts":"/api/acts/airport-assets-restructuring-and-disposal-act-2008/conflicts","importantCases":"/api/acts/airport-assets-restructuring-and-disposal-act-2008/important-cases","documents":"/api/acts/airport-assets-restructuring-and-disposal-act-2008/documents"}}