53Temporary air route licences

53 Temporary air route licences

53 Temporary air route licences

(1) TfNSW may grant a temporary air route licence for a regulated air route to an accredited operator of a public passenger service if—

(a) the licence of a current holder of an air route licence for the regulated air route (the current holder) is suspended or cancelled or TfNSW is of the opinion that the current holder is failing to operate the regulated air route or failing to operate it to the satisfaction of TfNSW, and

(b) TfNSW is of the opinion that the issue of the temporary air route licence is necessary to maintain an air transport service pending the determination or completion of action against the current holder’s air route licence or the granting of a new air route licence.

(2) TfNSW may determine the procedures for applications for and the granting of, the requirements for and any conditions of a temporary air route licence.

(3) TfNSW may suspend, vary or cancel a temporary air route licence at any time and for any reason.

(4) A temporary air route licence ceases to have effect if—

(a) TfNSW gives written notice to that effect to the holder of the temporary licence, or

(b) TfNSW grants an air route licence for the same regulated air route.

(5) No compensation is payable to any person by or on behalf of TfNSW or otherwise by or on behalf of the State for loss or damage arising directly or indirectly from the grant of or any action taken with respect to a temporary air route licence, or a licence held by a current holder or a current holder, under this section. No proceedings for damages or other relief, whether grounded at law or in equity, for the purpose of restraining the taking of an action under this section, or of obtaining compensation in respect of any such loss or damage may be maintained.

(6) Subsection (5) extends to the following—

(a) compensation because of any act, statement or conduct relating to the grant of or any action taken with respect to a temporary air route licence or the operation of an air transport service,

(b) any person exercising a function or engaging in conduct for the purposes of this section at the request or direction of TfNSW or otherwise by or on behalf of the Crown, other than the current holder or a person who provided services on behalf of the current holder.