{"id":"F2025L01237","name":"Sydney Airport Slot Management Scheme 2025","slug":"sydney-airport-slot-management-scheme-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442993,"registerId":"F2025L01237-fast-fetch-1775957914267","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sydney Airport Slot Management Scheme 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSydney Airport Slot Management Scheme 2025\n\nI, Catherine King, Minister for Infrastructure, Transport, Regional Development and Local Government, make the following instrument.\n\nDated: 7 October 2025\n\nCatherine King\n\nMinister for Infrastructure, Transport, Regional Development and Local Government\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Meaning of allocated\n\n7 Slot Manager must publish certain date and deadlines\n\n8 Determining the size of an aircraft\n\n9 Meaning of protected regional service slot series\n\n10 Use it or lose it test\n\n11 Conditions test\n\n12 Meaning of historic precedence\n\nPart 2—System for allocation and management of slots\n\nDivision 1—How slots are allocated\n\nSubdivision A—SHL deadline\n\n13 Preparation for allocation of slots before scheduling season starts\n\nSubdivision B—Slot Manager must invite applications\n\n14 Slot Manager must invite operators to apply\n\nDivision 2—Applications for slots\n\nSubdivision A—Applications for slots\n\n15 Applying for slots\n\nSubdivision B—Initial coordination\n\n16 Initial coordination\n\n17 Allocation of slot series based on historic precedence\n\n18 Allocation of non‑historic slot series as part of initial coordination\n\n19 Re‑timing of historic slots as part of initial coordination\n\nSubdivision C—Applications for, and allocation of, slots after initial coordination etc.\n\n20 Applications for, and allocation of, slots after initial coordination\n\nSubdivision D—Other requirements relating to slot allocation\n\n21 Rules that apply to all slot allocations\n\n22 Rules that apply to allocations of slots other than on the basis of historic precedence\n\n23 Conditions on the use of slots\n\n24 Slot requirements\n\nDivision 3—Slot swaps and slot variations\n\n25 Slot swaps\n\n26 Variation of slot times\n\n27 Variation of conditions of slots\n\nDivision 4—How slot allocations are lost\n\n28 Returning slots to Slot Manager at operator’s initiative\n\n29 Consequences if operator contravenes a civil penalty provision\n\nDivision 5—Monitoring slot use and administrative action for non‑compliance\n\n30 Application\n\n31 Slot Manager may monitor the use of slots at Sydney Airport\n\n32 Administrative actions available to the Slot Manager\n\n33 Effect of suspension and cancellation\n\n34 Show cause requirement does not affect proceedings for contravention of civil penalty provisions\n\nDivision 6—Audit of slot usage\n\n35 Application\n\n36 Audit of slot usage\n\nPart 3—Reconsideration of decisions\n\n37 Application\n\n38 Reconsideration of decisions\n\n39 Notice of new decision\n\nPart 4—Declared exemptions\n\n40 Declared exemptions\n\n41 Operators may request a declared exemption\n\n42 Notifying declared exemptions\n\nPart 5—Authorisations\n\n43 Authorisation of other persons to exercise powers or perform functions\n\nPart 6—Transitional provisions\n\n44 Definitions\n\n45 Transitional provisions—general\n\n46 Transitional provision—gate movements during the 2025 Australian holiday period to be treated as operated for the 2025 northern winter scheduling season\n\n47 Transitional provision—loss of historic precedence for returned 2025 Australian holiday period slots\n\nSchedule 1—Repeals\n\nSydney Airport Slot Management Scheme 2013\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Sydney Airport Slot Management Scheme 2025.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument At the same time as Schedule 1 to the Sydney Airport Demand Management Amendment Act 2024 commences. 26 October 2025\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 34(1) of the Sydney Airport Demand Management Act 1997.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) aircraft;\n\n(b) curfew period;\n\n(c) declared exemption;\n\n(d) gate movement;\n\n(e) operator;\n\n(f) Secretary;\n\n(g) slot;\n\n(h) Slot Manager;\n\n(i) Sydney Airport.\n\n  In this instrument:\n\nAct means the Sydney Airport Demand Management Act 1997.\n\nairport operator means the airport‑lessee company for Sydney Airport for the purposes of the Airports Act 1996.\n\nallocated: see section 6.\n\nconditions test: see section 11.\n\nequivalent scheduling season:\n\n (a) for a northern summer—means another northern summer; and\n\n (b) for a northern winter—means another northern winter.\n\nhistoric precedence: see section 12.\n\nhistorics baseline date has the same meaning as in the Worldwide Airport Slot Guidelines.\n\nNote: The use it or lose it test and the conditions test are applied to those slots in a slot series that are held on the historics baseline date.\n\nIATA means the International Air Transport Association.\n\ninitial coordination: see section 16.\n\ninitial submission deadline has the same meaning as in the Worldwide Airport Slot Guidelines.\n\nkind, in relation to a gate movement, means a gate movement immediately before a take‑off or a gate movement immediately after a landing.\n\nnew entrant has the same meaning as in the Worldwide Airport Slot Guidelines.\n\nnon‑historic slot series: see subsection 18(1).\n\nnorthern summer means the period that begins at the start of the last Sunday in March of a year and ends immediately before the start of the last Sunday in October of the year (in each case in accordance with Universal Coordinated Time).\n\nnorthern winter means the period that begins at the start of the last Sunday in October of a year and ends immediately before the start of the last Sunday in March of the immediately following year (in each case in accordance with Universal Coordinated Time).\n\npeak period, on a day other than a Saturday or Sunday, means each of the following periods:\n\n (a) the period from 7 am to 11 am on the day;\n\n (b) the period from 5 pm to 8 pm on the day.\n\nprotected regional service slot series: see section 9.\n\nreconsideration decision means any of the following decisions by the Slot Manager:\n\n (a) a decision under paragraph 10(2)(b) to declare that an operator of an aircraft has failed to comply with the use it or lose it test in relation to a slot series;\n\n (b) a decision under paragraph 11(2)(b) to declare that an operator of an aircraft has failed to comply with the conditions test in relation to a slot series.\n\nregional service means a flight that:\n\n (a) takes off from Sydney Airport and (without landing anywhere else first) lands at another airport within New South Wales (other than Sydney West Airport); or\n\n (b) that lands at Sydney Airport (without landing anywhere else first) after taking off from another airport within New South Wales (other than Sydney West Airport).\n\nSAL deadline has the same meaning as in the Worldwide Airport Slot Guidelines.\n\nscheduling season means a northern summer or a northern winter.\n\nseries return deadline has the same meaning as in the Worldwide Airport Slot Guidelines.\n\nSHL deadline has the same meaning as in the Worldwide Airport Slot Guidelines.\n\nslot group: slots are allocated as a slot group if:\n\n (a) 2 or more slots in the group together authorise gate movements for aircraft operated over a nominated period for a specific event; and\n\n (b) the number of slots in the group is less than the number of slots required for a slot series.\n\nslot series: slots are allocated as a slot series if the slots in the series:\n\n (a) permit a gate movement on the same day of a week:\n\n (i) for a scheduling season that is a northern winter—for at least 5 consecutive weeks during that scheduling season; or\n\n (ii) for a scheduling season that is a northern summer starting after the commencement of this instrument and before 1 January 2027—for at least 5 consecutive weeks during that scheduling season; or\n\n (iii) for a scheduling season that is a northern summer starting on or after 1 January 2027—for at least 7 consecutive weeks during that scheduling season; and\n\n (b) permit the same kind of gate movement at the same time on that day.\n\nExample: A slot series that permits an aircraft to take off at 5 pm every Monday for 8 consecutive weeks.\n\nSydney West Airport has the same meaning as in the Airports Act 1996.\n\nuse it or lose it test: see section 10.\n\nWorldwide Airport Slot Guidelines means the Worldwide Airport Slot Guidelines published by Airports Council International, IATA and the Worldwide Airport Coordinators Group, as in force at the commencement of this instrument.\n\n6  Meaning of allocated\n\n  For the purposes of this instrument, a slot is allocated to an operator of an aircraft when both the following occur:\n\n (a) the Slot Manager offers the slot to the operator;\n\n (b) the operator accepts the offer.\n\nNote: The Slot Manager may approve a slot swap between operators under section 25. In such a case, the operators are taken to have been allocated the swapped slots, see subsection 25(6).\n\n7  Slot Manager must publish certain date and deadlines\n\n (1) The Slot Manager must, for each scheduling season, publish the following date and deadlines in a manner that results in the date and deadlines being accessible to operators:\n\n (a) the historics baseline date;\n\n (b) the initial submission deadline;\n\n (c) the SAL deadline;\n\n (d) the SHL deadline;\n\n (e) the series return deadline.\n\n (2) The relevant date or deadline:\n\n (a) must be published no later than 30 days before the relevant date or deadline; and\n\n (b) must be consistent with the Worldwide Airport Slot Guidelines.\n\n8  Determining the size of an aircraft\n\n  In determining the size of an aircraft for the purposes of this instrument, all aircraft that are of a type specified in one of the following groups of aircraft are taken to be of the same size as other aircraft within the group:\n\n (a) group A aircraft, being aircraft that have:\n\n (i) a wingspan of less than 15 metres; and\n\n (ii) an outer main gear wheel span of less than 4.5 metres;\n\n (b) group B aircraft, being aircraft that have:\n\n (i) a wingspan of 15 metres or more but less than 24 metres; and\n\n (ii) an outer main gear wheel span of 4.5 metres or more but less than 6 metres;\n\n (c) group C aircraft, being aircraft that have:\n\n (i) a wingspan of 24 metres or more but less than 36 metres; and\n\n (ii) an outer main gear wheel span of 6 metres or more but less than 9 metres;\n\n (d) group D aircraft, being aircraft that have:\n\n (i) a wingspan of 36 metres or more but less than 52 metres; and\n\n (ii) an outer main gear wheel span of 9 metres or more but less than 14 metres;\n\n (e) group E aircraft, being aircraft that have:\n\n (i) a wingspan of 52 metres or more but less than 65 metres; and\n\n (ii) an outer main gear wheel span of 9 metres or more but less than 14 metres;\n\n (f) group F aircraft, being aircraft that have:\n\n (i) a wingspan of 65 metres or more; and\n\n (ii) an outer main gear wheel span of 14 metres or more.\n\nNote: Under section 23, the Slot Manager may impose a condition on a slot requiring a specific aircraft type to engage in a gate movement.\n\n9  Meaning of protected regional service slot series\n\n (1) A slot series is a protected regional service slot series if:\n\n (a) each slot in the series permits a gate movement only during a peak period; and\n\n (b) either:\n\n (i) the equivalent slot series in the previous equivalent scheduling season was a protected regional service slot series under this instrument and each slot in the series permitted a gate movement only during a peak period; or\n\n (ii) each slot in the series had an equivalent slot in the previous equivalent scheduling season that was part of a permanent regional service series under the Sydney Airport Slot Management Scheme 2013 and each slot in the series permitted a gate movement only during a peak period.\n\nNote 1: A protected regional service slot series under this instrument was referred to as a permanent regional service series under the Sydney Airport Slot Management Scheme 2013. See also subsection 44(5).\n\nNote 2: In some circumstances an operator may be able to use a slot in a protected regional service slot series to provide a non‑regional service. This could occur in circumstances where no operator applied for the slot to provide a regional service and the slot was allocated as part of a non‑historic slot series under section 18 or as part of an allocation of slots after initial coordination under section 20.\n\nNote 3: A protected regional service slot series that is re‑timed under section 19 will be taken to be a protected regional service slot series at the new time if the new time complies with the requirements of subsection 19(5).\n\nAll available protected regional service slot series to be fully allocated before Slot Manager allocates other slots during peak period for regional services\n\n (2) The Slot Manager may allocate a slot series that is not a protected regional service slot series to an operator to operate a regional service during a peak period only if all available protected regional service slot series have been fully allocated.\n\n (3) If a slot series that is not a protected regional service slot series is allocated to an operator in accordance with subsection (2), the allocated slot series does not become a protected regional service slot series.\n\nReduction or loss of protected regional service slot series\n\n (4) A slot series is not a protected regional service slot series if:\n\n (a) it includes a slot for which, in each of the previous 2 equivalent scheduling seasons, the equivalent slot was allocated to an operator of an aircraft for a service other than a regional service; and\n\n (b) the operator complied with the use it or lose it test and the conditions test in relation to the corresponding slot series for the previous 2 equivalent scheduling seasons.\n\n10  Use it or lose it test\n\n (1) This section applies if an operator has been allocated a slot series to permit aircraft operated by the operator to engage in gate movements of a specified kind.\n\nSlot Manager may declare operator failed to comply with use it or lose it test\n\n (2) After the completion of the slot series, the Slot Manager:\n\n (a) must assess whether the aircraft engaged in a gate movement (the use it or lose it test) of the kind permitted by the slot series for at least 80% of the slots allocated in the series; and\n\n (b) if the Slot Manager is satisfied that the aircraft failed to do so:\n\n (i) may declare in writing that the operator failed to comply with the use it or lose it test in relation to the slot series; and\n\n (ii) if the Slot Manager decides to make the declaration—must notify the operator and the Department in writing of the declaration.\n\nNote: For a northern summer scheduling season, if historic precedence is granted prior to the end of that scheduling season, the historic precedence must be regarded as provisional until the season is completed and the 80% usage has been verified, consistent with paragraph 10.4.2 of the Worldwide Airport Slot Guidelines.\n\nSlot Manager must provide show cause notice to operator before making declaration\n\n (3) Before making a declaration under subparagraph (2)(b)(i), the Slot Manager must give written notice (the show cause notice) to the operator of the Slot Manager’s intention to make the declaration.\n\n (4) The show cause notice must:\n\n (a) include the reasons for the proposed declaration; and\n\n (b) invite the operator to make written submissions, within the period specified in the show cause notice, as to why the declaration should not be made.\n\n (5) The period specified in the show cause notice must be reasonable, having regard to all the circumstances of the case.\n\n (6) In considering whether to make the declaration, the Slot Manager must take into account any submissions that the operator makes within the period specified in the show cause notice.\n\nGate movements covered by certain declared exemptions are to be disregarded\n\n (7) In assessing whether aircraft operated by the operator complied with the use it or lose it test in relation to the slot series, the Slot Manager must disregard any gate movements that are covered by a declared exemption under section 47 of the Act.\n\nMatters to be taken into account when calculating gate movements\n\n (8) In calculating the percentage mentioned in paragraph (2)(a), the Slot Manager must:\n\n (a) treat the following slots as if they had not been allocated:\n\n (i) a slot that was returned on or before the historics baseline date;\n\n (ii) a slot that was subject to a slot swap that had effect for a single day; and\n\n (b) treat the following slots as if they had been allocated:\n\n (i) a slot that was returned after the historics baseline date;\n\n (ii) a slot that was obtained by a slot swap that had effect for 2 or more days.\n\nOperator taken to comply with the use it or lose it test if Slot Manager does not make a declaration\n\n (9) The operator is taken to have complied with the use it or lose it test in relation to a slot series if the Slot Manager does not make a declaration under subparagraph (2)(b)(i) in relation to the slot series.\n\n11  Conditions test\n\n (1) This section applies if the use of a slot series by an operator of an aircraft is subject to conditions imposed on the slots by the Slot Manager.\n\nNote: Under section 23, the Slot Manager may impose conditions on the use of a slot, a slot group or a slot series, including conditions requiring that an aircraft of a particular size be used for the slot, slot group or slot series.\n\nSlot Manager may declare operator failed to comply with conditions test\n\n (2) After the completion of the slot series, the Slot Manager:\n\n (a) must assess whether the operator complied with the conditions (the conditions test) imposed on each slot in the slot series for at least 80% of the slots allocated in the series; and\n\n (b) if the Slot Manager is satisfied that the operator failed to do so:\n\n (i) may declare in writing that the operator failed to comply with the conditions test in relation to the slot series; and\n\n (ii) if the Slot Manager decides to make the declaration—must notify the operator and the Department in writing of the declaration.\n\nSlot Manager must provide show cause notice to operator before making declaration\n\n (3) Before making a declaration under subparagraph (2)(b)(i), the Slot Manager must give written notice (the show cause notice) to the operator of the Slot Manager’s intention to make the declaration.\n\n (4) The show cause notice must:\n\n (a) include the reasons for the proposed declaration; and\n\n (b) invite the operator to make written submissions, within the period specified in the show cause notice, as to why the declaration should not be made.\n\n (5) The period specified in the show cause notice must be reasonable, having regard to all the circumstances of the case.\n\n (6) In considering whether to make the declaration, the Slot Manager must take into account any submissions that the operator makes within the period specified in the show cause notice.\n\nGate movements covered by certain declared exemptions are to be disregarded\n\n (7) In assessing whether the operator complied with the conditions test in relation to the slot series, the Slot Manager must disregard any gate movements that are covered by a declared exemption under section 47 of the Act.\n\nMatters to be taken into account when assessing compliance in relation to conditions\n\n (8) In calculating the percentage mentioned in paragraph (2)(a), the Slot Manager must:\n\n (a) treat the following slots as if they had not been allocated:\n\n (i) a slot that was returned on or before the historics baseline date;\n\n (ii) a slot that was subject to a slot swap that had effect for a single day; and\n\n (b) treat the following slots as if they had been allocated:\n\n (i) a slot that was returned after the historics baseline date;\n\n (ii) a slot that is obtained by a slot swap that had effect for 2 or more days.\n\nOperator taken to comply with the conditions test if Slot Manager does not make a declaration\n\n (9) The operator is taken to have complied with the conditions test in relation to a slot series if the Slot Manager does not make a declaration under subparagraph (2)(b)(i) in relation to the slot series.\n\n12  Meaning of historic precedence\n\n (1) Subject to subsection (2), an operator of an aircraft has historic precedence to a slot series if:\n\n (a) the corresponding slot series in the previous equivalent scheduling season was allocated to the operator; and\n\n (b) the operator complied with the use it or lose it test and the conditions test in relation to that slot series.\n\nNote: An operator retains historic precedence to a slot series if the timing of the slot series is varied under section 19 or 26.\n\nHistoric precedence in relation to protected regional service slot series\n\n (2) If:\n\n (a) in the previous equivalent scheduling season, an operator of an aircraft was allocated a protected regional service slot series to conduct a service that was not a regional service; and\n\n (b) the operator complied with the use it or lose it test and the conditions test in relation to that slot series;\n\nthe operator does not have historic precedence to that series unless:\n\n (c) in the equivalent scheduling season before the previous equivalent scheduling season, the corresponding series was allocated to the operator to conduct a service that was not a regional service; and\n\n (d) the operator complied with the use it or lose it test and the conditions test in relation to that slot series.\n\nNote 1: Normally, compliance with the use it or lose it test and the conditions tests for the immediately previous scheduling season is enough for historic precedence.\n\nNote 2: An operator ceases to have historic precedence to a slot allocated to the operator for a scheduling season if a court determines that the operator has contravened a civil penalty provision in Division 4 of Part 3 of the Act in relation to a slot, see paragraph 29(1)(b).\n\nPart 2—System for allocation and management of slots\n\nDivision 1—How slots are allocated\n\nSubdivision A—SHL deadline\n\n13  Preparation for allocation of slots before scheduling season starts\n\n (1) Before the start of each scheduling season (the next scheduling season), the Slot Manager must:\n\n (a) decide those slot series in the next scheduling season for which an operator of aircraft has or will have historic precedence; and\n\n (b) no later than the SHL deadline for the season, notify the operator in writing of:\n\n (i) the slots (the slot historics list) to which the Slot Manager considers the operator has or will have historic precedence; and\n\n (ii) the date (the agreed historics deadline) by which the operator must notify the Slot Manager if the operator disagrees with the slot historics list for the operator; and\n\n (iii) any other information the Slot Manager considers relevant to allocation of slots for that scheduling season.\n\n (2) The operator is taken to agree with the slot historics list provided to the operator unless the operator notifies the Slot Manager, in writing, of any disagreement with the list before the agreed historics deadline.\n\nSubdivision B—Slot Manager must invite applications\n\n14  Slot Manager must invite operators to apply\n\n  The Slot Manager must invite operators of aircraft to apply, no later than the initial submission deadline for a scheduling season, for a slot, slot group or slot series in the scheduling season.\n\nNote 1: For each scheduling season, the Slot Manager must publish the initial submission deadline for the season, see paragraph 7(1)(b).\n\nNote 2: Section 15 sets out how operators are to apply for slots.\n\nDivision 2—Applications for slots\n\nSubdivision A—Applications for slots\n\n15  Applying for slots\n\nApplications for the allocation of slots\n\n (1) Any operator of an aircraft may apply for the allocation of any of the following, or any combination of the following:\n\n (a) a single slot;\n\n (b) a slot group;\n\n (c) a slot series.\n\nRequirements for applications\n\n (2) The application must:\n\n (a) be made in a form or manner approved, in writing, by the Slot Manager; and\n\n (b) include the information required by subsection (3) for each gate movement for which allocation of slots is sought in relation to an air service (the proposed air service) proposed by the applicant; and\n\n (c) include any other information required by a form or manner approved by the Slot Manager.\n\n (3) For the purposes of paragraph (2)(b), the following information is required:\n\n (a) if the applicant has an airline code or a proposed airline code—the applicant’s airline code or proposed airline code;\n\n (b) if the applicant does not have an airline code or a proposed airline code—the registration number of the aircraft to be used for the proposed air service;\n\n (c) the flight number or proposed flight number for the proposed air service;\n\n (d) the proposed date and time of the single slot, slot group or slot series applied for;\n\n (e) for each slot applied for:\n\n (i) whether the gate movement for the slot is for an aircraft arrival or an aircraft departure; and\n\n (ii) if the gate movement is for an aircraft arrival—the previous take‑off airport of the aircraft; and\n\n (iii) if the gate movement is for an aircraft departure—the next landing airport of the aircraft; and\n\n (iv) the type of aircraft to be used for the proposed air service; and\n\n (v) the number of seats in the aircraft to be used for the proposed air service;\n\n (f) any slots for which the operator is qualified, and proposes, to be a new entrant.\n\n (4) For the purposes of paragraph (3)(d), the proposed time may be given in:\n\n (a) the legal time in New South Wales on the day of the slot; or\n\n (b) Universal Coordinated Time.\n\nHowever, the application must specify the time system that the application uses.\n\nSlot Manager must publish details, information and guidance material in relation to application procedures\n\n (5) The Slot Manager must:\n\n (a) publish on the Slot Manager’s website:\n\n (i)  details of any form or manner approved for the purposes of paragraph (2)(a) (including details of any information required by such a form or manner); and\n\n (ii) guidance material to assist operators in making applications for slots; and\n\n (b) make available to operators any forms approved for the purposes of paragraph (2)(a).\n\nSubdivision B—Initial coordination\n\n16  Initial coordination\n\n  The Slot Manager:\n\n (a) must:\n\n (i) after the initial submission deadline for a scheduling season, commence an initial round of slot allocations (the initial coordination) under sections 17, 18 and 19 for the scheduling season; and\n\n (ii) complete the initial coordination before the SAL deadline for the scheduling season; and\n\n (b) may, after the initial coordination, allocate further slots under section 20.\n\n17  Allocation of slot series based on historic precedence\n\n (1) This section applies only to the allocation of a slot series and does not apply to the allocation of single slots or slot groups.\n\n (2) If:\n\n (a) an operator of an aircraft applies for a slot series in response to an invitation under section 14; and\n\n (b) the operator has historic precedence to the slot series;\n\nthe Slot Manager must offer the slot series to the operator, unless the allocation would be inconsistent with section 21.\n\nNote: Section 12 sets out when an operator of an aircraft has historic precedence to a slot series.\n\n (3) If the Slot Manager is satisfied that the allocation of the slot series would be inconsistent with section 21, the Slot Manager must, after consulting the operator, offer another slot series to the operator.\n\n18  Allocation of non‑historic slot series as part of initial coordination\n\n (1) When all slots that form part of a slot series offered under section 17 have been accepted or rejected by operators, the Slot Manager must offer other slot series (the non‑historic slot series) in accordance with this Division to other applicants who applied in response to an invitation under section 14.\n\nNote: See sections 21 and 22 for the rules that apply to allocations of slots in accordance with this Division.\n\n (2) When offering the non‑historic slot series, the Slot Manager must ensure that:\n\n (a) if applicants that are new entrants (the new entrants) and applicants that are not new entrants have applied for the same non‑historic slot series:\n\n (i) if the new entrants have applied for less than 50% of the non‑historic slot series—the total of the non‑historic slot series applied for are offered to the new entrants; or\n\n (ii) if the new entrants have applied for 50% or more of the slot series—at least 50% of the total of the non‑historic slot series are offered to the new entrants; and\n\n (b) as far as reasonably possible, a protected regional service slot series is offered to an operator that proposes to use the non‑historic slot series to conduct a regional service.\n\n19  Re‑timing of historic slots as part of initial coordination\n\n (1) This section applies in relation to an operator that has historic precedence in relation to:\n\n (a) a particular slot series (the original historic slot series), other than a protected regional service slot series, that permits a gate movement for an aircraft at a specified time on a day; or\n\n (b) a protected regional service slot series (the original PRSS) that permits a gate movement:\n\n (i) during the peak period (the morning peak period) from 7 am to 11 am on a day; or\n\n (ii) during the peak period (the evening peak period) from 5 pm to 8 pm on a day.\n\nRe‑timing of original historic slot series other than protected regional service slot series\n\n (2) After the allocation of non‑historic slot series under section 18, the Slot Manager may, with the agreement of the operator, vary the original historic slot series allocated to the operator to permit the gate movement for the aircraft at a different time (the varied time) on the day.\n\n (3) If the Slot Manager varies the original historic slot series in accordance with subsection (2), the original historic slot series is taken to always have permitted the gate movement at the varied time.\n\nRe‑timing of protected regional service slot series\n\n (4) After the allocation of non‑historic slot series under section 18, the Slot Manager may, with the agreement of the operator, vary the original PRSS allocated to the operator to permit the gate movement for the aircraft at a different time (the varied time) on the day.\n\n (5) If the Slot Manager varies the original PRSS in accordance with subsection (4), the original PRSS is taken to always have permitted the gate movement at the varied time, but only if the varied time is:\n\n (a) on the same day of a week as the original PRSS; and\n\n (b) either:\n\n (i) if the original PRSS permitted a gate movement during the morning peak period—during the morning peak period; or\n\n (ii) if the original PRSS permitted a gate movement during the evening peak period—during the evening peak period.\n\nNote 1: For example, a protected regional service slot series which permits gate movements on Mondays at 9:00 am is re‑timed to Mondays at 10:30 am. The operator will retain protected regional service slot series status at the varied time for the slot series on Mondays at 10:30 am but will no longer hold protected regional service slot series status for the original 9:00 am slot series.\n\nNote 2: For example, a protected regional service slot series which permits gate movements on Mondays at 9:00 am is re‑timed to Tuesdays at 6:00 pm. The operator will hold a slot series that does not have protected regional service slot series status at the varied time for the slot series on Tuesdays at 6:00 pm.\n\nSubdivision C—Applications for, and allocation of, slots after initial coordination etc.\n\n20  Applications for, and allocation of, slots after initial coordination\n\nOperators may apply for further slot series at any time\n\n (1) Operators of aircraft may apply for the allocation of available, but as yet unallocated, slot series in a scheduling season at any time after initial coordination.\n\nSlot Manager may allocate available single slots and slot groups at any time after series return deadline\n\n (2) At any time after the series return deadline for a scheduling season, the Slot Manager may, in accordance with this Part, allocate available single slots and slot groups not already allocated in accordance with sections 21 and 22.\n\nNote: See sections 21 and 22 for the rules that apply to allocations of slots in accordance with this Part.\n\nCertain applications to be placed on a waitlist\n\n (3) If an operator applies for a single slot or a slot group before the initial submission deadline for a Scheduling season, the Slot Manager must not consider the application before the series return deadline for the season.\n\nSubdivision D—Other requirements relating to slot allocation\n\n21  Rules that apply to all slot allocations\n\n (1) The Slot Manager must comply with this section when offering slots to operators of aircraft.\n\n (2) The Slot Manager must not offer to allocate a single slot, slot group or slot series at Sydney Airport to an operator if:\n\n (a) allocating the slot, slot group or slot series would result in the maximum movement limit for aircraft movements at Sydney Airport during a regulated hour being exceeded; or\n\nNote: The maximum movement limit during a regulated hour is set out in paragraph 6(1)(a) of the Act.\n\n (b) allocating the slot, slot group or slot series would be inconsistent with any requirements of the Sydney Airport Curfew Act 1995 relating to aircraft movements before or after curfew periods.\n\nMatters the Slot Manager must have regard to before offering slots\n\n (3) Before offering a single slot, slot group or slot series to an operator, the Slot Manager must have regard to:\n\n (a) any advice about the likely effect of the allocation, if made, on the operational efficiency or capacity of Sydney Airport received from:\n\n (i) the body that provides air traffic control at Sydney Airport; or\n\n (ii) the airport operator; and\n\n (b) the capacity declaration prepared by the airport operator under paragraph (4)(a) and given to the Slot Manager under paragraph (4)(b).\n\nAirport operator to prepare capacity declaration and give the declaration to Slot Manager\n\n (4) The airport operator must:\n\n (a) before the start of a scheduling season, in writing, prepare a capacity declaration for Sydney Airport that sets out the available capacity parameters (including infrastructure and operational limits that are relevant to the allocation of slots) at Sydney Airport for the scheduling season; and\n\n (b) no later than 7 days before the initial submission deadline for the season, give the capacity declaration to the Slot Manager.\n\n (5) The Slot Manager may publish the capacity declaration on the Slot Manager’s website and in any other manner the Slot Manager considers appropriate.\n\nSlot allocations taken to be withdrawn if not accepted\n\n (6) If an operator of an aircraft does not accept an offer of an allocation for a slot, slot group or slot series within 3 business days after it is made:\n\n (a) the offer is taken to have been withdrawn; and\n\n (b) the slot, slot group or slot series is returned to the Slot Manager.\n\n22  Rules that apply to allocations of slots other than on the basis of historic precedence\n\n (1) When allocating slots for a scheduling season other than under section 17 (allocations based on historic precedence), the Slot Manager must have regard to the following:\n\n (a) the Worldwide Airport Slot Guidelines;\n\n (b) the following aims:\n\n (i) resolving competing applications through consultation and negotiation;\n\n (ii) giving priority to applications for slots from operators of aircraft proposing to use the slots to operate larger aircraft over applications for slots from operators proposing to use the slots to operate smaller aircraft;\n\n (iii) giving priority to applications for slots from operators of aircraft proposing to use the slots to operate a year‑round service;\n\n (iv) giving priority to applications for slots from operators of aircraft proposing to use the slots to improve access to regional services during peak periods;\n\n (v) giving priority to applications for slots from operators of aircraft that have not contravened a civil penalty provision in Division 4 of Part 3 of the Act in relation to a slot, a slot group or a slot series in the previous equivalent scheduling season;\n\n (vi) promoting competition and fairness at Sydney Airport;\n\n (vii) encouraging a diversity of operators at Sydney Airport, including international, domestic and freight operators, whether new entrants or existing operators.\n\nNote: Under section 46 of the Act, the Minister may direct the Slot Manager to exercise the power to issue slots subject to limitations specified in the direction. The direction does not have to be consistent with this Scheme.\n\n (2) To avoid doubt, the aims mentioned in paragraph (1)(b) are not listed in any order of priority.\n\n23  Conditions on the use of slots\n\n (1) The Slot Manager may, only when allocating a slot, slot group or slot series to an operator of an aircraft, impose conditions on the use of the slot, slot group or slot series.\n\nNote: The Slot Manager may not impose conditions under this section on the use of a slot series allocated to an operator after the slot series has commenced. However, under section 27 the Slot Manager may, at any time, with the written agreement of the operator, vary the conditions imposed on the use of a slot allocated to the operator.\n\n (2) The operator must comply with any conditions imposed on the slot, slot group or slot series.\n\n (3) Without limiting subsection (1), the conditions may relate to any or all of the following in relation to the use of the slot:\n\n (a) the type of aircraft permitted to use the slot;\n\n (b) the size of aircraft permitted to use the slot;\n\n (c) the operator of the aircraft permitted to use the slot;\n\n (d) the approved arrival or destination airports of the aircraft permitted to use the slot;\n\n (e) whether a slot may be used by an aircraft carrying freight or carrying passengers.\n\nNote: Under section 46 of the Act, the Minister may direct the Slot Manager to exercise the power to issue slots under the Scheme subject to limitations specified in the direction. The direction does not have to be consistent with this Scheme.\n\n24  Slot requirements\n\n  For the purposes of paragraph 18(1)(d) of the Act, the following requirements of a slot are specified for a gate movement for an aircraft on a day:\n\n (a) the aircraft engaged in the gate movement must be an aircraft of the type permitted to use the slot on the day;\n\n (b) the aircraft engaged in the gate movement must be an aircraft of the size permitted to use the slot on the day;\n\n (c) the operator of the aircraft engaged in the gate movement must be the operator permitted to use the slot on the day;\n\n (d) if the slot specifies an approved arrival or destination airport for the aircraft permitted to use the slot—the aircraft movement on the day must be in relation to that arrival or destination airport;\n\n (e) if the slot only permits an aircraft carrying freight to use the slot—only an aircraft carrying freight may be engaged in the gate movement on the day;\n\n (f) if the slot only permits an aircraft carrying passengers to use the slot—only an aircraft carrying passengers may be engaged in the gate movement on the day.\n\nDivision 3—Slot swaps and slot variations\n\n25  Slot swaps\n\n (1) Two operators of aircraft may, in writing, apply to the Slot Manager for approval to swap slots.\n\n (2) The Slot Manager may, in accordance with this section, approve the slot swap.\n\n (3) A slot swap has no effect unless:\n\n (a) it is approved in writing by the Slot Manager; and\n\n (b) it is approved before the slot swap occurs.\n\n (4) In deciding whether to approve a slot swap, the Slot Manager must consider the operational efficiency of Sydney Airport.\n\n (5) The Slot Manager must, as soon as practicable after making a decision in relation to an application for a slot swap, notify the operators, in writing, of the decision.\n\n (6) If the Slot Manager approves a slot swap, the recipient of the swapped slot is taken to have been allocated the swapped slot by the Slot Manager.\n\n (7) A slot swap has effect:\n\n (a) if the Slot Manager specifies a period in the approval—for the specified period; or\n\nExample: The Slot Manager could specify a period of one day.\n\n (b) otherwise—for the remainder of the scheduling season.\n\nNote: An operator of an aircraft may be liable for a civil penalty under Division 4 of Part 3 of the Act if the aircraft engages in a gate movement under a slot swap that has not been approved under this section.\n\n26  Variation of slot times\n\n (1) This section applies if an operator of an aircraft has been allocated a slot (the original slot) that permits a gate movement for the aircraft at a specified time on a day.\n\n (2) The Slot Manager may, with the written agreement of the operator, vary the original slot to permit the gate movement to occur at a time (the varied time) before or after the specified time on that day.\n\n (3) The Slot Manager must, as soon as practicable after varying the original slot in accordance with subsection (2), notify the operator, in writing, of the variation.\n\n (4) If the Slot Manager varies the original slot in accordance with subsection (2), the original slot is taken to always have permitted the gate movement at the varied time.\n\n27  Variation of conditions of slots\n\n (1) This section applies if an operator of an aircraft has been allocated a slot (the original slot) subject to one or more specified conditions imposed on the use of the slot.\n\n (2) The Slot Manager may, with the written agreement of the operator, vary the original slot by varying the conditions imposed on the use of the slot.\n\n (3) The Slot Manager must, as soon as practicable after varying the original slot in accordance with subsection (2), notify the operator, in writing, of the variation.\n\n (4) If the Slot Manager varies the original slot in accordance with subsection (2), the original slot is taken to have been allocated subject to the varied conditions.\n\nDivision 4—How slot allocations are lost\n\n28  Returning slots to Slot Manager at operator’s initiative\n\n  An operator of an aircraft may return a slot allocated to the operator to the Slot Manager at any time.\n\nNote: Operators are expected to return slots they do not intend to operate as early as possible. In particular, slot series should be returned no later than the series return deadline, and single slots or slot groups no later than the historics baseline date, to avoid impacting historic eligibility.\n\n29  Consequences if operator contravenes a civil penalty provision\n\n (1) The following paragraphs apply if a court determines that an operator of an aircraft has contravened a civil penalty provision in Division 4 of Part 3 of the Act in relation to a slot (the contravened slot) allocated to the operator for a scheduling season:\n\n (a) the Slot Manager must, as soon as practicable after the court makes its determination, cancel the contravened slot;\n\n (b) the operator ceases to have historic precedence to the same kind of slot as the contravened slot:\n\n (i) for the remainder of that scheduling season; and\n\n (ii) for the next equivalent scheduling season.\n\n (2) If subsection (1) applies in relation to an operator, the Slot Manager must:\n\n (a) notify the operator, in writing, of the cancellation of the contravened slot; and\n\n (b) provide the operator with a statement of the effect of paragraph (1)(b) on the allocation of slots to the operator.\n\nNote: Under section 46 of the Act, the Minister may direct the Slot Manager to vary, suspend or cancel slots that have been allocated under the Scheme. The direction does not have to be consistent with this Scheme.\n\nDivision 5—Monitoring slot use and administrative action for non‑compliance\n\n30  Application\n\n  This Division is made in accordance with subsection 37(4) of the Act.\n\n31  Slot Manager may monitor the use of slots at Sydney Airport\n\n (1) The Slot Manager may monitor the use of slots at Sydney Airport for any one or more of the following purposes:\n\n (a) to ensure that gate movements at Sydney Airport are in accordance with the slots as allocated;\n\n (b) to ensure that slots are used in line with the use it or lose it test and the conditions test;\n\n (c) to help ensure scarce capacity at Sydney Airport is not wasted;\n\n (d) to help ensure the smooth operation of Sydney Airport for all stakeholders;\n\n (e) to prevent the misuse of slots;\n\n (f) to improve efficiency at Sydney Airport;\n\n (g) to promote competition and fairness at Sydney Airport;\n\n (h) to check whether an operator is complying with the Act.\n\nNote: The Act includes the regulations and any instruments (including this instrument) made under the Act, see the definition of this Act in clause 1 of Schedule 1 to the Act.\n\n (2) Subject to subsection (3) and section 32, the Slot Manager may conduct monitoring under this Division in accordance with such measures and procedures that the Slot Manager considers appropriate in the circumstances.\n\n (3) The measures and procedures must be consistent with Part 9 of the Worldwide Airport Slot Guidelines.\n\n32  Administrative actions available to the Slot Manager\n\n (1) This section applies if, after monitoring the use of a slot, slot group or slot series allocated to an operator of an aircraft for a scheduling season, the Slot Manager is satisfied on reasonable grounds that the operator has failed to comply (the non‑compliance) with a civil penalty provision of Division 4 of Part 3 of the Act.\n\n (2) The Slot Manager may, by written notice (the compliance notice) to the operator, take one or more of the following actions (the remedial action):\n\n (a) inform the operator of the non‑compliance and warn the operator of the action that may be taken in response to the non‑compliance;\n\n (b) refer the non‑compliance to the Compliance Committee;\n\n (c) refer the non‑compliance to the Minister for possible action under Part 5 of the Act;\n\n (d) enter into a performance plan with the operator under which the operator agrees to take specified action, or agrees to refrain from taking specified action, to improve the operator’s performance in relation to slot use;\n\n (e) suspend the slot, slot group or slot series allocated to the operator for a specified period (which must not exceed the remainder of the scheduling season);\n\n (f) cancel the slot, slot group or slot series allocated to the operator.\n\nSlot Manager may issue warning before taking other remedial action\n\n (3) The Slot Manager may, if the Slot Managers considers it appropriate to do so in the circumstances, take the remedial action mentioned in paragraph (2)(a) before deciding whether or not to take any remedial action mentioned in paragraphs (2)(b) to (f).\n\nShow cause notices\n\n (4) Before taking remedial action mentioned in paragraph (2)(e) or (f), the Slot Manager must give written notice (the show cause notice) to the operator of the Slot Manager’s intention to take the remedial action.\n\n (5) The show cause notice must:\n\n (a) specify the non‑compliance; and\n\n (b) include the reasons for the remedial action; and\n\n (c) if the remedial action is to suspend the slot, slot group or slot series allocated to the operator for a specified period—include the proposed period of suspension; and\n\n (d) invite the operator to make written submissions, within the period specified in the notice, as to why the Slot Manager should not take the remedial action; and\n\n (e) if the Slot Manager considers that there is action the operator may take to avoid the remedial action—specify the action that may be taken and the period within which it must be taken.\n\n (6) The period specified in the show cause notice for the purposes of paragraphs (5)(d) and (e) must be reasonable, having regard to all the circumstances of the case.\n\nSlot Manager must consider submissions from operator before suspending or cancelling slots etc.\n\n (7) When considering whether to take the remedial action mentioned in paragraph (2)(e) or (f), the Slot Manager must take into account any submissions that the operator makes within the period allowed in the show cause notice under paragraph (5)(d).\n\nMatters to be included in certain compliance notices\n\n (8) If the Slot Manager decides to take the remedial action mentioned in paragraph (2)(d), (e) or (f), the compliance notice under subsection (1) must include:\n\n (a) the reasons for the remedial action; and\n\n (b) if the remedial action is suspension or cancellation—the date on which the suspension or cancellation takes effect and the period of any suspension.\n\n33  Effect of suspension and cancellation\n\n  If a slot, slot group or slot series allocated to an operator for a scheduling season is suspended or cancelled in accordance with section 32, the following provisions have effect:\n\n (a) if the slot, slot group or slot series is suspended—the slot, slot group or slot series is returned to the Slot Manager for the period of the suspension, but may be re‑allocated to the operator before the end of the suspension period if the Slot Manager is satisfied that the operator has completed the action specified in a performance plan before the end of the suspension period;\n\n (b) if the slot, slot group or slot series is cancelled—the slot, slot group or slot series is returned to the Slot Manager for the remainder of the scheduling season, and may be offered for allocation to other operators for the remainder of that scheduling season.\n\nNote: If an aircraft engages in a gate movement for which a slot has been suspended or cancelled, the operator of the aircraft may contravene a civil penalty provision in Division 4 of Part 3 of the Act, see for example, section 16 of the Act.\n\n34  Show cause requirement does not affect proceedings for contravention of civil penalty provisions\n\n  To avoid doubt, nothing in this Division requires a show cause notice to be given before proceedings for a contravention of a civil penalty provision of Division 4 of Part 3 of the Act may be commenced.\n\nDivision 6—Audit of slot usage\n\n35  Application\n\n  This Division is made in accordance with subsection 37(4) of the Act.\n\n36  Audit of slot usage\n\n  The Secretary may, at any time, engage an appropriately qualified and experienced person to carry out an independent audit in relation to the allocation and use of slots at Sydney Airport.\n\nPart 3—Reconsideration of decisions\n\n \n\n37  Application\n\n  This Part is made for the purposes of subsection 36(6) of the Act.\n\n38  Reconsideration of decisions\n\nRequest for review\n\n (1) An operator of an aircraft whose interests are affected by a reconsideration decision may request the Secretary to reconsider the decision.\n\n (2) The request must:\n\n (a) be in writing; and\n\n (b) set out the reasons for the request; and\n\n (c) be accompanied by:\n\n (i) the show cause notice given to the operator by the Slot Manager under subsection 10(3) or 11(3) (as applicable); and\n\n (ii) any submissions made by the operator within the period specified in the relevant show cause notice; and\n\n (d) be given to the Secretary within 7 days after the day the operator first received the notice of the reconsideration decision.\n\n (3) The Secretary must, in writing, notify the Slot Manager that the Secretary has received the request for review. The notice must include details of the request.\n\nReview of decision\n\n (4) The Secretary must review the reconsideration decision as soon as practicable after receiving the request.\n\nSecretary may request further information or documents\n\n (5) The Secretary may request the operator, the Slot Manager or any regulated entity that the Secretary reasonably believes may have relevant information or documents to provide further written information, or documents, about any matter relevant to the reconsideration of the decision.\n\n (6) A request under subsection (5) must:\n\n (a) be in writing; and\n\n (b) set out each matter for which information is requested; and\n\n (c) specify the requested documents; and\n\n (d) state that the information and documents must be provided to the Secretary:\n\n (i) no later than 5 days after the request is made; or\n\n (ii) if the Secretary and the operator, Slot Manager or regulated entity, as appropriate agree in writing to a later time—no later than that agreed later time.\n\nActions on reconsideration\n\n (7) The Secretary may:\n\n (a) affirm, vary or set aside the reconsideration decision; and\n\n (b) if the Secretary sets aside the reconsideration decision—make such other decision as the Secretary thinks appropriate.\n\nReconsideration decision to be consistent with the Act\n\n (8) A decision of the Secretary under subsection (7) (the new decision) must be consistent with the Act.\n\nNote: The Act includes the regulations and any instruments made under the Act, see the definition of this Act in clause 1 of Schedule 1 to the Act.\n\nDecisions to be made within 28 days after request is given to Secretary\n\n (9) The Secretary must make the new decision within 28 days after the request for reconsideration is given to the Secretary.\n\nEffect of new decision\n\n (10) The new decision is, for all purposes, taken to have been made by the Slot Manager.\n\nWhen new decision takes effect\n\n (11) The new decision:\n\n (a) takes effect, or is taken to have effect, on the day specified in the decision; or\n\n (b) if a day is not specified—on the day the new decision is made.\n\nMeaning of regulated entity\n\n (12) In this section:\n\nregulated entity has the meaning given by subsection 70D(1) of the Act.\n\n39  Notice of new decision\n\n (1) The Secretary must, as soon as practicable after making a decision (the new decision) under subsection 38(7) in response to a request under subsection 38(1) from an operator of an aircraft, give the operator written notice of the following:\n\n (a) the new decision;\n\n (b) the reasons for the new decision.\n\n (2) A failure to comply with subsection (1) does not affect the validity of the new decision.\n\nPart 4—Declared exemptions\n\n \n\n40  Declared exemptions\n\n (1) This section is made for the purposes of subsections 36(1) and 49(1) of the Act and sets out the circumstances in which the Slot Manager may make a declared exemption.\n\n (2) The Slot Manager may, on the Slot Manager’s own initiative or on the written request of an operator under section 41, make a declared exemption in relation to a gate movement at Sydney Airport.\n\nPermitted circumstances\n\n (3) The Slot Manager may make the declared exemption only if one or more of the following circumstances has occurred before the Slot Manager makes the declaration:\n\n (a) an airworthiness directive has been issued in relation to an aircraft type that is operated at the airport, or in relation to an engine for such an aircraft type, and compliance with the airworthiness directive is critical to the safe operation of that aircraft type at the airport;\n\n (b) the airspace, runway or essential airport infrastructure connected with an operation at the airport is unavailable or its use is restricted;\n\n (c) adverse weather conditions connected with an operation at the airport on a day have resulted in significant cancellations of flights to or from the airport on that day;\n\n (d) exceptional circumstances have occurred that in the opinion of the Slot Manager prevent the operation of air services at the airport by an operator;\n\n (e) personnel who are needed for the safe operation of aircraft at the airport are engaging in industrial action and are not available to perform their functions or duties;\n\n (f) there has been a failure of, or defect in, the equipment that is required for the safe operation of aircraft at the airport;\n\n (g) there has been an occurrence at the airport that is a transport safety matter (within the meaning of section 23 of the Transport Safety Investigation Act 2003);\n\n (h) there has been an unlawful interference with aviation (within the meaning of section 10 of the Aviation Transport Security Act 2004) at the airport.\n\n41  Operators may request a declared exemption\n\n (1) An operator of an aircraft may, in writing, request the Slot Manager to make a declared exemption under section 47 of the Act:\n\n (a) for a gate movement that the operator of the aircraft is permitted to conduct but did not conduct—to allow the operator to not conduct the gate movement; or\n\n (b) for a gate movement that is conducted otherwise than in accordance with the requirements of the slot for the gate movement—to allow the gate movement to not comply with the requirements of the slot.\n\n (2) The request must:\n\n (a) specify the gate movement in relation to which the declared exemption is requested; and\n\n (b) specify each circumstance mentioned in subsection 40(3) that has occurred that the operator considers applies in relation to the declared exemption; and\n\n (c) be made no later than:\n\n (i) if paragraph (1)(a) applies—7 days after the gate movement should have been conducted; or\n\n (ii) if paragraph (1)(b) applies—7 days after the gate movement was conducted.\n\nNote: In assessing whether aircraft operated by an operator complied with the use it or lose it test in section 10, or the conditions test in section 11, in relation to a slot series allocated to the operator, the Slot Manager must disregard any gate movements that are covered by a declared exemption under section 47 of the Act.\n\n42  Notifying declared exemptions\n\n (1) This section is made for the purposes of subsection 49(5) of the Act.\n\nDeclared exemption on the Slot Manager’s initiative\n\n (2) If the Slot Manager makes a declared exemption on the Slot Manager’s own initiative, the Slot Manager must, within 14 days after making the declared exemption, notify each operator that is allocated a slot to which the declared exemption relates, of the making of the declared exemption.\n\nDeclared exemption on the request of operator\n\n (3) If the Slot Manager makes a declared exemption on the request of an operator, the Slot Manager must, within 7 days after making the declared exemption, notify the operator of the making of the declared exemption.\n\nSlot Manager must provide monthly notification of declared exemptions to the Department\n\n (4) The Slot Manager must, for each month of a calendar year, notify the Department of all declared exemptions made by the Slot Manager during the month. The Slot Manager must notify the Department by the end of the following month.\n\nPart 5—Authorisations\n\n \n\n43  Authorisation of other persons to exercise powers or perform functions\n\n (1) This section is made for the purposes of subsection 36(4) of the Act.\n\n (2) The Slot Manager may authorise persons mentioned in subsection (3) to exercise powers, or perform functions, of the Slot Manager under this instrument relating to:\n\n (a) the allocation of slots at Sydney Airport; or\n\n (b) the management of slots that have been allocated.\n\n (3) The persons are the following:\n\n (a) Airservices Australia;\n\n (b) any other body that provides air traffic control services at Sydney Airport;\n\n (c) the airport operator.\n\n (4) An authorisation under subsection (2) must:\n\n (a) be in writing; and\n\n (b) specify the power or function that the person is authorised to exercise or perform; and\n\n (c) specify the period during which the authorisation remains in force.\n\n (5) The Slot Manager must:\n\n (a) keep a record of each authorisation under subsection (2) for 7 years; and\n\n (b) give a copy of each such authorisation to the Secretary as soon as practicable after the authorisation is made.\n\nPart 6—Transitional provisions\n\n \n\n44  Definitions\n\n  In this Part:\n\n2013 Scheme means the Sydney Airport Slot Management Scheme 2013.\n\n2024 Australian holiday period means the period between 15 December 2024 and 27 January 2025.\n\n2025 Australian holiday period means the period between 15 December 2025 and 27 January 2026.\n\n2024 northern winter scheduling season means the period that began at the start of the last Sunday in October 2024 and ended immediately before the start of the last Sunday in March 2025.\n\n2025 northern winter scheduling season means the period that begins at the start of the last Sunday in October 2025 and ends immediately before the start of the last Sunday in March 2026.\n\ncommencement day means the day on which this instrument commences.\n\n45  Transitional provisions—general\n\n (1) A slot that was allocated under the 2013 Scheme for a gate movement that is to occur on or after the commencement day is taken to have been allocated under this Scheme.\n\n (2) An application under the 2013 Scheme that relates to a slot for a gate movement that is to be conducted on or after the commencement day, but which was not dealt with before the commencement day, is taken to have been made under, and in accordance with, this Scheme.\n\n (3) Any preparation for the allocation of slots that is carried out before the commencement day for a scheduling season that starts on or after the commencement day is taken to have been done in accordance with this Scheme.\n\n (4) If a slot series was, immediately before the commencement day, a permanent regional service series under the 2013 Scheme for a scheduling season but a gate movement permitted by the slot series does not, on or after the commencement day, fall within the peak period (as defined in section 5 of this instrument) in the equivalent scheduling season under this instrument, the slot series is not a protected regional service slot series for the purposes of this instrument.\n\nExample: A permanent regional service series under the 2013 Scheme that permitted a gate movement at 6.30 am each Monday will not be a protected regional service slot series under this instrument because a peak period under this instrument only applies to a period from 7 am to 11 am on a Monday.\n\n \n\n46  Transitional provision—gate movements during the 2025 Australian holiday period to be treated as operated for the 2025 northern winter scheduling season\n\n (1) This section applies if:\n\n (a) an operator had been allocated a slot series (the 2025 NW slot series) for the 2025 northern winter scheduling season that included slots (the 2025 holiday period slots) that permitted aircraft operated by the operator to engage in gate movements during the 2025 Australian holiday period; and\n\n (b) the operator returned the 2025 holiday period slots to the Slot Manager before the end of 31 August 2025; and\n\n (c) the operator has requested the Slot Manager to make the calculation mentioned in subsection (2) for the operator.\n\n (2) For the purposes of calculating the percentage mentioned in paragraph 10(2)(a) for the operator in relation to the 2025 NW slot series held at the historics baseline date, the Slot Manager must treat 2025 holiday period slots which would have authorised gate movements during the 2025 Australian holiday period slots as if they had been operated, but only if the Slot Manager is satisfied that the operator:\n\n (a) had, for the 2024 northern winter scheduling season, been allocated a slot series equivalent to the 2025 NW slot series; and\n\n (b) had, before the end of 31 August 2024, returned to the Slot Manager slots equivalent to the 2025 holiday period slots in respect of the 2024 Australian holiday period.\n\n (3) The request under paragraph (1)(c) must:\n\n (a) be made in the form approved, in writing, by the Slot Manager; and\n\n (b) include the information required by the form so approved.\n\n (4) The Slot Manager must:\n\n (a) publish on the Slot Manager’s website details of the form approved for the purposes of paragraph (3)(a) (including details of any information required by the form); and\n\n (b) make available to operators the form so approved.\n\n47  Transitional provision—loss of historic precedence for returned 2025 Australian holiday period slots\n\n (1) This section applies if:\n\n (a) an operator returned any slots (the 2025 returned slots) in respect of the 2025 Australian holiday period to the Slot Manager before the end of 31 August 2025; and\n\n (b) the Slot Manager is satisfied that the operator complied with the use it or lose it test for a related slot series that occurs during the 2025 northern winter scheduling season.\n\n (2) The operator does not have historic precedence to the 2025 returned slots.\n\nNote: This provision may have the effect of creating a situation that an operator that has been allocated a slot series that extended across the 2025 Australian holiday period may be granted historic precedence to a shorter slot series either side of the 2025 Australian holiday period in relation to the 2026 northern winter scheduling season.\n\nSchedule 1—Repeals\n\n \n\nSydney Airport Slot Management Scheme 2013\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument repeals the Sydney Airport Slot Management Scheme 2013 (Schedule 1) and replaces it with updated allocation and management rules (Schedule 1 repeal; ss17–19, 21–23). It renames and redefines the permanent regional series as 'protected regional service slot series' with new allocation and de‑designation criteria (s9; s44(4) transitional note). It changes minimum continuity requirements for slot series in northern summer from 5 to 7 consecutive weeks from 1 January 2027 (slot series definition, s5). It adds transitional rules treating certain holiday‑period gate movements as operated and removes historic precedence for slots returned in the 2025 holiday period (ss46–47). These changes alter the scope of historic rights, allocation priorities and transitional entitlements compared with the 2013 Scheme."},"complexity_factors":["Extensive defined terminology and cross‑references to the Act and the Worldwide Airport Slot Guidelines (definitions and notes; s5, multiple provisions referencing the Guidelines).","Multiple compliance tests and thresholds that determine historic rights (use it or lose it 80% test s10; conditions test s11; historic precedence rules s12).","Detailed slot‑type and duration rules (slot series definition and changing minimum weeks for northern summer from 5 to 7 from 1 Jan 2027; s5).","New protected regional service category with allocation and de‑designation rules that interact with priority allocation (s9(1)–(4); s18(2)(b)).","Significant administrative discretion vested in the Slot Manager (allocation offers s17–s19; conditions s23; swaps s25; monitoring s31; remedial actions s32) coupled with procedural safeguards (show cause notices s10(3)–(6), s11(3)–(6), s32(4)–(7)).","Interplay with airport operator inputs and operational limits (capacity declaration requirement s21(3)–(5); must not exceed maximum movement limit s21(2)(a)).","Remedial and enforcement powers range from warnings and performance plans to suspension/cancellation of slots, with reporting and appeal routes to the Secretary (s32; reconsideration Part 3, ss37–39).","Transitional rules and repeal of the 2013 Scheme introduce temporal complexity (Schedule 1 repeal; transitional treatment of holiday period slots ss44–47).","Audit and independent review powers (Secretary may engage independent auditor s36) and requirement to publish deadlines and forms (s7, s15(5), s46(4)).","Civil penalty interactions and potential court determinations affecting historic precedence and slot cancellation (s29; cross‑reference to Division 4 of Part 3 of the Act)."],"plain_english_summary":"This instrument sets the rules for allocating and managing aircraft arrival/departure slots at Sydney Airport: who gets slots, how historic rights are earned or lost, use‑it‑or‑lose‑it and conditions tests, swaps, exemptions, monitoring and enforcement. It affects airlines, the Slot Manager, Airservices, the airport operator and the Department because it gives the Slot Manager authority to allocate, monitor and suspend or cancel slots, and creates compliance obligations, show‑cause procedures and reporting deadlines that change operators’ scheduling incentives."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent to manage slot allocation at Sydney Airport. While it introduces new protections for regional services and new entrant allocations, these represent refinements to the existing demand management framework rather than scope creep. The 2025 Scheme replaces the 2013 Scheme with updated operational rules but maintains the core purpose of efficient slot allocation."},"complexity_factors":["Extensive cross-referencing to the Sydney Airport Demand Management Act 1997 and the Worldwide Airport Slot Guidelines (external document)","Multiple defined terms (47+ definitions in section 5 alone, including nested definitions like 'slot series', 'slot group', 'protected regional service slot series')","Complex conditional logic for 'historic precedence' including exceptions for regional services (section 12(2)) and two-year lookback rules","Nested exceptions and special rules for re-timing slots (section 19) with different outcomes for protected vs non-protected series","Transitional provisions with date-specific calculations and cross-season comparisons (sections 46-47)","Multiple overlapping tests for compliance ('use it or lose it' test at 80% usage, 'conditions test', with specific calculation rules for returned slots and swaps)","Administrative action procedures with show-cause notices, reconsideration rights, and appeal mechanisms (Parts 3 and Division 5 of Part 2)","Interaction between civil penalty provisions (in the Act) and administrative remedies in the Scheme"],"plain_english_summary":"This Scheme sets how take-off and landing slots at congested Sydney Airport are allocated, managed and enforced, replacing the 2013 rules. It preserves historic priority for regular users who meet use‑it‑or‑lose‑it standards, reserves peak slots for regional NSW services, promotes new entrants for vacant slots, and lets the Slot Manager monitor, sanction or exempt airlines for disruptions.\n\nIt affects airlines, the Slot Manager, regional communities and passengers by balancing efficient runway use, competition and regional connectivity."}},"importantCases":[],"_links":{"self":"/api/acts/sydney-airport-slot-management-scheme-2025","history":"/api/acts/sydney-airport-slot-management-scheme-2025/history","analysis":"/api/acts/sydney-airport-slot-management-scheme-2025/analysis","conflicts":"/api/acts/sydney-airport-slot-management-scheme-2025/conflicts","importantCases":"/api/acts/sydney-airport-slot-management-scheme-2025/important-cases","documents":"/api/acts/sydney-airport-slot-management-scheme-2025/documents"}}