Slot Management Scheme 1998

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Slot Management Scheme 1998

as amended

made under subsection 40 (2) of the

Sydney Airport Demand Management Act 1997

This compilation was prepared on 19 June 2001
taking into account amendments up to Slot Management Scheme Amendment Determination 2001 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

Part 1 Preliminary

1 Citation [see Note 1]

2 Definitions for Scheme generally

Part 2 Slot administration

Division 1 Preliminary

3 Meaning of terms for Part

4 What allocation means

5 References to aircraft size

Division 2 Historical precedence

6 How historical precedence is gained and when it ceases

7 ‘Use it or lose it test’

8 ‘Size of aircraft test’ — single slot

9 ‘Size of aircraft test’ — slot series or slot group

10 Special rules about Permanent Regional Service Slots

Division 3 Applying for a slot

11 Who can apply for a slot

12 When to apply

13 How many slots can be applied for at once

14 How to apply

Division 4 How slots are allocated before a scheduling season starts

Subdivision 1 Preliminary

15 What this Division does

16 The general process

Subdivision 2 Slots to which operators have historical precedence

17 What this Subdivision does

18 Allocation of slots to which operators have historical precedence

19 Special rule about Permanent Regional Service Slots not applied for

Subdivision 3 Allocation of other slots

20 What this Subdivision does

21 Priority of applications

22 Order of priority for new entrant applications

23 Order of priority for incumbent operators

24 Extra rules about priority among regional service operator applications

25 Determining priority by ‘slot lot’ if priorities otherwise equal

26 Allocation of slots to applicants

27 Consultation about other slots

Division 5 Allocation from the slot pool

28 Slot Manager may allocate from the slot pool

Division 6 Slot swaps

29 Slot swaps generally

30 Permanent slot swaps

31 Temporary slot swaps

Division 7 How allocation is lost

32 Returning slots to pool at operator’s initiative

33 New entrants that are allocated slots

34 Operators that fail to comply with statutory requirements

35 Return of slot to pool

Part 3 Review of decisions

36 Meaning of terms

37 Review of decisions of the Slot Coordinator

38 Review of decisions of the Slot Manager

Part 4 Guidelines — declarations under s 11 (4) of the Demand Management Act

39 Guidelines — declaration that movements do not have to be in accordance with allocated slots

Part 5 Guidelines — dispensations under s 31 of the Demand Management Act

40 Guidelines — exceptional circumstances for s 31 of Demand Management Act

Part 6 Authorisations

41 Authorisation of other persons to perform functions

Notes

Reader’s Guide

The Slot Management Scheme is approved by the Minister under s 40 (2) of the Sydney Airport Demand Management Act 1997 (the Demand Management Act).

This Guide is for general information only and is not part of the Scheme. It is not intended to take the place of the Scheme, the Demand Management Act, any regulations under that Act, or any other applicable legislation or international convention.

The Demand Management Act sets up a system of management for aircraft arrival and departure at Sydney (Kingsford Smith) Airport. The system is based on the concept of a slot, which is defined in s 34 of the Demand Management Act as follows:

‘(1) A permission for an aircraft movement is known as a slot. A slot allocated under the Slot Management Scheme will permit a specified aircraft movement at a specified time on a specified day.’.

Under the Act, slots are to be allocated and administered by the Slot Manager. This Scheme sets out the system for allocating slots. There is to be another scheme called the Compliance Scheme (approved under s 54 (2) of the Demand Management Act) that sets out how compliance is to be enforced.

The Slot Management Scheme must also contain guidelines about the exercise of the Slot Manager’s powers:

• to declare under s 11 (4) of the Demand Management Act that aircraft movements are not required to take place in accordance with their allocated slots; and

• to grant dispensations under s 31 of that Act (that is, to permit an aircraft movement not authorised by a slot if there are exceptional circumstances).

This Scheme and the Compliance Scheme do not displace other legislation that affects aircraft operation at Sydney Airport. In particular, see the following Acts and Regulations:

Air Navigation Act 1920 and Air Navigation Regulations

Air Services Act 1995 and the Air Services Regulations

Civil Aviation Act 1988 and Civil Aviation Regulations

Sydney Airport Curfew Act 1995 and Sydney Airport Curfew Regulations.

Those Acts and Regulations are not summarised in this Guide.

In industry usage, a ‘slot’ can be either a single slot at a particular time on a specified day, as defined in s 34 of the Demand Management Act, or a regular repetition of that slot (as would normally occur if a regular service were to operate in accordance with a published timetable). In this Scheme, the terms ‘slot series’ and ‘slot group’ (both defined in s 2) are used in situations where industry usage might speak of simply ‘a slot’.

Allocation of a slot has effect in a single scheduling season. The scheduling seasons, according to standard industry practice, are northern summer (beginning at the beginning of the last Sunday in March and ending at the end of the last Saturday in October) and northern winter (beginning at the beginning of the last Sunday in October and ending at the end of the last Saturday in March — the beginning and the end of a day being in accordance with Universal Coordinated Time). The 3 terms are in general use in the air transport industry.

Part 1 Preliminary

1 Citation [see Note 1]

This Scheme is the Slot Management Scheme 1998.

2 Definitions for Scheme generally

(1) In this Scheme:

Air Navigation Act means the Air Navigation Act 1920.

Demand Management Act means the Sydney Airport Demand Management Act 1997.

equivalent scheduling season to a northern summer means another northern summer, and to a northern winter means another northern winter.

interstate service means an air service operating wholly within Australia but at least partly outside New South Wales.

northern summer means the period that begins at the beginning of the last Sunday in March and ends at the end of the last Saturday in the following October (in each case in accordance with Universal Coordinated Time).

northern winter means the period that begins at the beginning of the last Sunday in October and ends at the end of the last Saturday in the following March (in each case in accordance with Universal Coordinated Time).

regional service means an air service operating wholly within New South Wales.

scheduling season means northern summer or northern winter.

slot group means 2 or more slots that together authorise aircraft movements for flights operated over a nominated period for a specific event.

slot series means 5 or more slots that authorise the same kind of aircraft movement at the same time on the same day of the week within 1 scheduling season (for example, a takeoff slot at 5 pm every Monday during a specified period).

(2) An expression used in this Scheme and in the Air Navigation Act has the same meaning in the Scheme as in that Act.

(3) An expression used in this Scheme and in section 11A of the Air Navigation Act has the same meaning in the Scheme as in that section.

Note Terms defined in s 11A of that Act, or that Act generally, include foreign airline, international air service and regular public transport operation.

Part 2 Slot administration

Division 1 Preliminary

3 Meaning of terms for Part

(1) In this Part:

peak period means:

(a) from 6 am to 11 am on a day other than a Saturday or Sunday; or

(b) from 3 pm to 8 pm on a day other than a Saturday or Sunday.

(1A) For this Part, if:

(a) an operator applies for the allocation to it of a slot for a particular day; and

(b) at the time that the Slot Manager decides about the application (the decision time), the operator holds 3 or fewer slots for that day;

the operator is a new entrant in relation to that day, unless, at the decision time:

(c) 25% or more of the relevant interests in its shares (within the meaning given by subsection 11A (3) of the Air Navigation Act) are held by operators that each hold 4 or more slots for that day; or

(d) it is effectively controlled by an operator that holds 4 or more slots for that day.

(1B) For this Part, an operator that applies for the allocation to it of a slot for a particular day, and is not a new entrant in relation to that day, is an incumbent operator for that day.

(2) For this Part, in the first scheduling season after Part 4 of the Demand Management Act commences, an operator is taken to have had a slot allocated to it when it applies for a slot if it actually scheduled an aircraft movement at the time, and on the day, of the slot in the previous equivalent scheduling season.

4 What allocation means

A slot is allocated to an operator when the Slot Manager offers the slot to the operator and the operator accepts the offer.

5 References to aircraft size

For this Part, all aircraft within each of the following groups are taken to be of the same size as other aircraft within the group:

(a) aircraft with fewer than 30 seats;

(b) aircraft with from 30 to 49 seats;

(c) aircraft with from 50 to 100 seats;

(d) aircraft with from 101 to 150 seats;

(e) aircraft with from 151 to 250 seats;

(f) aircraft with from 251 to 350 seats;

(g) aircraft with 350 or more seats.

Division 2 Historical precedence

6 How historical precedence is gained and when it ceases

(1) Subject to subsections (2) and (3A) and sections 7, 8, 9 and 10, an operator (other than a non-scheduled operator or a general aviation operator) gains historical precedence to a slot if the operator operates an aircraft movement using the slot.

(2) If an operator is allocated a new entrant slot for a day in a scheduling season, and the operator was, when the Slot Manager made a decision about the application, an incumbent operator for the day, the operator does not gain historical precedence to the slot unless the slot was also allocated in the previous equivalent scheduling season to an operator that was, when the Slot Manager made the decision about the application for that slot, an incumbent operator for that day.

(3) For subsection (2), a slot is a new entrant slot for a day if the first operator to which it was offered under subsection 26 (1) or (3) in the scheduling season was a new entrant for that day.

(3A) An operator does not gain historical precedence to:

(a) a slot that is allocated to provide a service with an aircraft that has less than 18 passenger seats unless the slot is, or becomes, a Permanent Regional Service Slot; or

(b) a peak period slot (other than a slot that is, or becomes, a Permanent Regional Service Slot) allocated to provide a regional service.

(4) Historical precedence to a slot acquired during a scheduling season has effect only for the next equivalent scheduling season.

(5) To avoid doubt, an operator gains historical precedence to each slot in a slot series or slot group, not to the series or group.

7 ‘Use it or lose it test’

(1) If an operator is allocated each slot in a slot series or slot group, but fails to comply with subsection (2), the Slot Manager may declare that the operator has not complied with the ‘use it or lose it’ test for a slot specified in the declaration.

(2) The operator must actually schedule, at the time of each slot, an aircraft movement of the kind permitted by the slots, and must actually conduct at least 80% of the movements.

(3) Before making a declaration under subsection (1), the Slot Manager must consult the operator concerned about the reasons for the non-compliance.

(4) In deciding whether to make such a declaration, the Slot Manager must take into account:

(a) how far the failure to conduct any of the aircraft movements concerned was outside the operator’s control; and

(b) any other relevant matters known to the Slot Manager.

(5) If the Slot Manager makes such a declaration, the operator concerned does not gain historical precedence to a slot specified in the declaration.

8 ‘Size of aircraft test’ — single slot

(1) If:

(a) the size of the aircraft that an operator proposes to use for a service is decisive for the operator’s application being given priority for the allocation of a slot for the service; and

(b) the operator fails to comply with subsection (2);

the Slot Manager may declare that the operator has not complied with the ‘size of aircraft test’ for the slot.

(2) The operator must use, for the service, an aircraft of at least the size proposed in its application.

(3) Before making a declaration under subsection (1), the Slot Manager must consult the operator concerned about the reasons for the non-compliance.

(4) In deciding whether to make such a declaration, the Slot Manager must take into account:

(a) how far the failure to use an aircraft of that size for the service was outside the operator’s control; and

(b) any other relevant matters known to the Slot Manager.

(5) If the Slot Manager makes such a declaration, the operator concerned does not gain historical precedence to the slot.

9 ‘Size of aircraft test’ — slot series or slot group

(1) If:

(a) the size of the aircraft that an operator proposes to use for a service is decisive for the operator’s application being given priority for the allocation of each slot in a slot series or slot group for the service; and

(b) the operator fails to comply with subsection (2);

the Slot Manager may declare that the operator has not complied with the ‘size of aircraft test’ for a slot specified in the declaration.

(2) The operator must use an aircraft of at least the size proposed in its application for the slots for at least 80% of its services that use the slots.

(3) Before making a declaration under subsection (1), the Slot Manager must consult the operator concerned about the reasons for the non-compliance.

(4) In deciding whether to make such a declaration, the Slot Manager must take into account:

(a) how far the failure to use an aircraft of that size for a service was outside the operator’s control; and

(b) any other relevant matters known to the Slot Manager.

(5) If the Slot Manager makes a declaration:

(a) the operator concerned does not gain historical precedence to a slot mentioned in the declaration; and

(b) the Slot Manager must withdraw the slot series or slot group at the same time as making the declaration if:

(i) the operator did not have historical precedence to the slot series or slot group when the allocation was made; and

(ii) the non-complying aircraft had less than 18 passenger seats.

10 Special rules about Permanent Regional Service Slots

(1) A slot becomes a Permanent Regional Service Slot:

(a) if:

(i) an operator gains historical precedence to it; and

(ii) it is allocated to the operator for a regional service in the first scheduling season after Part 4 of the Demand Management Act commences; or

(b) if:

(i) it is allocated for a regional service to an operator that had not gained historical precedence to it; and

(ii) the operator schedules and operates the service for 2 consecutive equivalent scheduling seasons; or

(c) if:

(i) the operator gains historical precedence to it; and

(ii) it is used for a regional service during the northern summer of 2001; or

(d) if:

(i) it is used for a regional service during the northern winter of 2001; and

(ii) but for subsection 6 (3A), the operator would have gained historical precedence to it.

(2) An operator (other than a regional service operator) does not gain historical precedence to a Permanent Regional Service Slot unless:

(a) it is allocated the slot for a service that is not a regional service for 2 consecutive equivalent scheduling seasons; and

(b) it actually operates the service using the slot.

(3) A slot ceases to be a Permanent Regional Service Slot if, for 2 consecutive equivalent scheduling seasons:

(a) it is allocated to an operator for a service that is not a regional service; and

(b) the operator actually operates the service using the slot.

Division 3 Applying for a slot

11 Who can apply for a slot

(1) Subject to subsections (2) and (3), any operator may apply for a slot.

(2) An operator may apply for a slot to provide a regional service only if:

(a) the slot is a Permanent Regional Service Slot; or

(b) the slot is not during a peak period; or

(c) the Slot Manager is satisfied that the application is for a slot that will be used to meet a special need, and is not for 1 slot of a slot series or slot group; or

(d) the slot is allocated for a regional service that is provided during the northern winter of 2001 by an operator that does not have historical precedence to it, and the Slot Manager, after taking into account any previous allocations and consulting with the operator, determines that the service is to be part of a year-round service.

(3) An operator may apply for a slot series or slot group to operate a service that will be provided using an aircraft that has less than 18 passenger seats only if:

(a) the operator has historical precedence to those slots; or

(b) the slots are Permanent Regional Service Slots.

Note An operator that has not fulfilled the statutory conditions to operate its proposed service can still apply, but may lose any resulting slot allocation if it does not fulfil those conditions: see section 33.

12 When to apply

(1) An operator may apply for a slot at any time.

(2) However, if the Slot Manager invites operators to apply for slots:

(a) the Slot Manager may specify a day on or before which applications must be made; and

(b) an application made after that day is not invalid, but must not be included in an allocation process under Subdivision 3 of Division 4.

13 How many slots can be applied for at once

(1) An application must be for either:

(a) a single slot (that is, for example, a slot at 5 pm on Monday 1 June); or

(b) a slot series; or

(c) a slot group.

(2) An application for 2 or more slots that is not an application for a slot series or slot group is taken to be as many applications as the number of slots sought.

14 How to apply

(1) An application must:

(a) be in writing; and

(b) must be sent (including by facsimile or electronic mail) to the address of the Slot Manager.

Note The address of the Slot Manager is:

Note: Post: PO Box 332
MASCOT NSW 2020
Australia;

Note: Fax: +612 9313 4210;

Note: email: coordaus@magna.com.au.

(2) The application must set out:

(a) the applicant’s airline code, or (for a new entrant) proposed airline code; and

(b) the flight number or proposed flight number of the proposed service; and

(c) the date and time of the slot sought; and

(d) whether the movement proposed is an arrival or a departure; and

(e) the previous port or next port of the proposed service; and

(f) the type of aircraft proposed to be used.

(3) For paragraph (2) (c), the time may be given in either the local time that will be in effect on the day of the slot or in Universal Coordinated Time (but the application must specify which time system is used).

(4) The Slot Manager must acknowledge receiving the application.

Division 4 How slots are allocated before a scheduling season starts

Subdivision 1 Preliminary

15 What this Division does

(1) This Division sets out the process of allocation of slots before the beginning of a scheduling season.

(2) A slot allocated under this Division is a slot in the following scheduling season.

Note The process of allocation of a slot during a scheduling season is set out in Division 5.

16 The general process

(1) The Slot Manager must first allocate, as set out in section 18, the slots to which operators have historical precedence.

(2) Then the Slot Manager must allocate, as set out in section 26, slots to new entrants and incumbent operators, as far as possible.

(3) Finally the Slot Manager must allocate any remaining slots to regional service operators, non-scheduled operators and general aviation operators, as far as possible.

(4) Before deciding whether to offer a slot to an operator, the Slot Manager must take into account any advice from Airservices Australia about the likely effect of the allocation, if made, on the operational efficiency of the airport.

Subdivision 2 Slots to which operators have historical precedence

17 What this Subdivision does

This Subdivision sets out the process of allocation of slots to which operators have historical precedence.

Note For a description of the general process, of which allocation under this section forms part, see s 16.

18 Allocation of slots to which operators have historical precedence

(1) If an operator has historical precedence to a slot (including a Permanent Regional Service Slot), and has applied for it, the Slot Manager must offer the slot to the operator unless allocating the slot:

(a) would conflict with the maximum movement limit; or

(b) would produce an unacceptable degree of clustering in aircraft movements.

(2) If, for a reason mentioned in paragraph (1) (a) or (b), an operator is not offered a slot to which it has historical precedence, the Slot Manager must offer another slot to the operator, if a slot is available that does not:

(a) conflict with the maximum movement limit; or

(b) produce an unacceptable degree of clustering in aircraft movements.

(3) Before offering another slot, however, the Slot Manager must consult with the operator.

(4) If the operator does not accept an offer under subsection (1) or (2):

(a) if the slot is not a Permanent Regional Service Slot — the slot goes into the slot pool; or

(b) if the slot is a Permanent Regional Service Slot — the slot must be offered to other regional service operators in order of their priority (according to the rules in section 24).

19 Special rule about Permanent Regional Service Slots not applied for

If an operator has historical precedence to a Permanent Regional Service Slot, and has not applied for it, the Slot Manager must offer the slot to other regional service operators in order of their priority (according to the rules in section 24).

Subdivision 3 Allocation of other slots

20 What this Subdivision does

This Subdivision sets out the process of allocation of slots to which operators do not have historical precedence.

Note For a description of the general process, of which allocation under this section forms part, see s 16.

21 Priority of applications

Before allocating slots, the Slot Manager must rank the applications in order of priority, according to the rules set out in sections 22, 23, 24 and 25.

22 Order of priority for new entrant applications

The rules for working out the order of priority of applications from new entrants are as follows:

(a) an application for a slot series or slot group takes priority over one that is not for a slot series or slot group, an application for a slot series takes precedence over an application for a slot group, and (between 2 applications for slot series, or 2 applications for slot groups), the one that is for more slots takes priority over the other;

(b) an application for a slot to operate a larger aircraft takes priority over one for a slot to operate a smaller aircraft;

(c) an application for a slot to provide an air service the possible times for which are limited by a curfew at another airport takes priority over one for a slot to provide a service not so limited.

23 Order of priority for incumbent operators

The rules for working out the order of priority of applications from incumbent operators are as follows:

(a) if each of 2 incumbent operators had historical precedence to a slot that was not allocated to it, and each applies for another slot, the higher in priority of the 2 applications is the application from the operator that applies for the slot that is closer in time to the slot to which it had historical precedence;

(b) an application for a slot to provide an international service takes priority over one for a slot to provide an interstate service or a regional service;

(c) an application for a slot to provide an interstate service takes priority over one for a slot to provide a regional service;

(d) an application for a slot series or slot group takes priority over one that is not for a slot series or slot group, an application for a slot series takes precedence over an application for a slot group, and (between 2 applications for slot series, or 2 applications for slot groups), the one that is for more slots takes priority over the other;

(e) an application for a slot to operate a larger aircraft takes priority over one to operate a smaller aircraft;

(f) an application for a slot to provide an air service the possible times for which are limited by a curfew at another airport takes priority over one for a slot to provide a service not so limited;

(g) an application for a slot to provide a service to be operated throughout the year;

(h) any other application except an application for a slot to provide a general aviation service or a non-scheduled service takes priority over an application to provide a regional service;

(i) an application for a slot to provide a regional service takes priority over an application for a slot to provide a non-scheduled service or a general aviation service;

(j) an application for a slot to provide a non-scheduled service takes priority over an application for a slot to provide a general aviation service.

24 Extra rules about priority among regional service operator applications

In working out priority among applications from regional service operators, the following extra rules apply:

(a) an application for a slot to provide a service whose route is substantially the same as a regional service that was operated in an earlier scheduling season using a Permanent Regional Service Slot, but is no longer operated, takes priority over an application for a slot to provide a service of another kind; and

(b) an application for a slot to provide a service on a route over which no service is operating takes priority over an application for a slot to provide a service on a route on which there is already a service.

25 Determining priority by ‘slot lot’ if priorities otherwise equal

(1) If, after applying those rules, 2 or more applications are equal in priority, the Slot Manager must conduct a slot lot among those applications to decide the order of priority among them.

(2) The slot lot may be carried out in any way that reasonably ensures that the resulting ordering in priority will be random.

26 Allocation of slots to applicants

(1) After ranking the applications in order of their priority, the Slot Manager must take the highest-priority application from a new entrant, and:

(a) if the slot applied for is available — offer it to the applicant; or

(b) otherwise — consult the applicant about another slot or slots to be offered to the applicant.

(2) The Slot Manager must then take the highest-priority application from an incumbent operator, and:

(a) if the slot applied for is available — offer it to the applicant; or

(b) otherwise — consult the applicant about another slot to be offered to the applicant.

(3) The Slot Manager must then continue alternately taking the highest-priority remaining application from each class of applicant, and if the slot applied for is available, offering it to the applicant, or (if not) consulting the applicant about another slot, until:

(a) there are no more applications left in one of the classes (whether or not all the applicants in the class have had slots allocated); or

(b) there are no more slots left to be allocated.

(4) In this section, a reference to the availability of, or offer or allocation of, a slot are, if the application is for a slot series or slot group, references respectively to the availability or each of the slots, and to offer and allocation of each of the slots, in the series or group.

Note 1 An application for 2 or more slots that is not for a slot series or slot group is treated as separate applications for each of the slots — see s 13.

Note 2 Because of the rules about priority of applications, an application for a slot series or slot group will usually take priority over an application of another kind.

27 Consultation about other slots

(1) If the Slot Manager consults an applicant under section 26, and the Slot Manager and the applicant agree on the allocation of a slot or slots, the Slot Manager must allocate the agreed slot or slots to the applicant.

(2) However, if the Slot Manager and the applicant cannot agree within 14 days on the allocation of a slot:

(a) any slot offered to the operator goes into the slot pool; and

(b) the relevant application is taken to have been withdrawn.

Division 5 Allocation from the slot pool

28 Slot Manager may allocate from the slot pool

(1) During a scheduling season, the Slot Manager may allocate a slot from the slot pool at any time to any operator who applies for it, and must take the rules of priority applicable to the application into consideration as far as possible.

(2) A slot allocated under this Division is a slot in the scheduling season.

Division 6 Slot swaps

29 Slot swaps generally

(1) Two operators may swap slots permanently or temporarily.

(2) A slot swap has no effect unless it is approved by the Slot Manager.

(3) In deciding whether or not to approve a slot swap, the Slot Manager must consider the operational efficiency of Sydney Airport.

(4) For the civil penalty provisions of the Demand Management Act, an operator is taken to have been allocated a slot that it obtained by a slot swap.

(5) For the ‘use it or lose it test’:

(a) an operator is taken to have been allocated a slot that it obtained by a permanent slot swap; and

(b) if an operator swaps a slot temporarily — the swap must be disregarded.

Note The ‘use it or lose it test’ is set out in s 7.

(6) For the application of the rules about historical precedence, an operator is taken to have been allocated a slot that it obtained by a permanent slot swap.

Note The rules about gaining historical precedence are set out in s 6.

30 Permanent slot swaps

(1) Two operators may swap slots permanently.

(2) A Regional Services operator may swap a Permanent Regional Service Slot permanently with an operator that is not a regional service operator only if the time of the other slot is within 30 minutes of the original time of the Permanent Regional Service Slot.

(3) A permanent slot swap has effect:

(a) during the period specified for the purpose in the Slot Manager’s approval; or

(b) if no period is specified — for the remainder of the scheduling season.

(4) For subsection (2), original time means the time of the slot when it first became a Permanent Regional Service Slot for section 10.

31 Temporary slot swaps

(1) An operator may swap a slot temporarily with any other operator.

(2) A temporary swap has effect for 1 day only.

Division 7 How allocation is lost

32 Returning slots to pool at operator’s initiative

An operator may return a slot to the slot pool at any time.

33 New entrants that are allocated slots

If an operator that is a new entrant at the time of allocation is allocated a slot for a scheduling season, the Slot Manager may withdraw the allocation unless, at least 2 months before the start of the scheduling season, the operator:

(a) complies with all the statutory requirements to operate the proposed service; or

(b) produces evidence that it will comply with those requirements before the start of the scheduling season.

Note the requirements include:

Note: holding an Air Operator’s Certificate under the Civil Aviation Act 1988 or (in the case of a foreign airline) being permitted by the Civil Aviation Safety Authority to fly to or within Australia; and

Note: establishing a security program under the Air Navigation Act.

34 Operators that fail to comply with statutory requirements

(1) If an operator referred to in section 33 fails to comply with the statutory requirements before the start of the relevant scheduling season, any allocation of a slot to the entrant is taken to have been withdrawn.

(2) If during a scheduling season an operator ceases to comply with the statutory requirements to operate a service, the Slot Manager may withdraw any slot allocated to the operator for the service.

(3) To avoid doubt, an operator is not taken, for subsection (2), to cease to comply with those requirements if the operator’s Air Operator’s Certificate is suspended.

35 Return of slot to pool

If the Slot Manager withdraws the allocation of a slot, or the allocation of a slot is taken to be withdrawn, the slot is returned to the slot pool.

Part 3 Review of decisions

36 Meaning of terms

In this Part:

airport operator means:

(a) if there is an airport lease for the airport under the Airports Act 1996 or the Airports (Transitional) Act 1996 — the airport-lessee company for the airport; or

(b) if there is no such lease — the Federal Airports Corporation.

Slot Coordinator means the person responsible for making the day to day decisions of the Slot Manager.

37 Review of decisions of the Slot Coordinator

(1) An operator whose interests are adversely affected by a decision of the Slot Coordinator may apply in writing to the Board of the Slot Manager, within 14 days of being told in writing of the Slot Coordinator’s decision, for a review of the decision.

(2) The Board may conduct the review in any way that it thinks fair and reasonable.

(3) If the Board is satisfied that the Slot Coordinator’s decision was unreasonable, it may substitute any decision that the Slot Coordinator could have made.

38 Review of decisions of the Slot Manager

(1) An operator whose interests are adversely affected by a decision of the Slot Manager substituting another decision for, or affirming, a decision of the Slot Coordinator may ask the airport operator in writing, within 14 days of being told in writing of the Board’s decision, to appoint an arbitrator to determine the matter.

(2) The arbitrator appointed must be a legal practitioner of at least 7 years’ standing.

(3) The arbitrator may conduct the arbitration in any way that he or she thinks fair and reasonable, and may make any decision that the Slot Manager could have made.

(4) An applicant, or the Slot Manager, may be represented by a legal practitioner but must pay the legal practitioner’s costs for that representation.

(5) The arbitrator’s fees and expenses are payable by the Slot Manager unless the arbitrator certifies in writing that the application was frivolous or unreasonable.

(6) An arbitrator may not award costs against the Slot Manager or an applicant.

Part 4 Guidelines — declarations under s 11 (4) of the Demand Management Act

39 Guidelines — declaration that movements do not have to be in accordance with allocated slots

(1) If the aircraft movement capacity of the airport during a period is less than 85% of the number of allocated slots during the period, the Slot Manager may make a declaration under subsection 11 (4) of the Demand Management Act about the period.

(2) In deciding whether to make the declaration, the Slot Manager may take into account:

(a) whether airspace or a runway is unavailable or its use is restricted; and

(b) whether a runway is unsafe to use because of weather; and

(c) any industrial action by people needed for the safe or efficient operation of the airport; and

(d) any failure of, or defect in, the equipment required for the safe or efficient operation of the airport; and

(e) any aircraft accident, serious incident, or incident (within the meaning of Part 2A of the Air Navigation Act); and

(f) any act of unlawful interference with aviation (within the meaning of section 3AE of the Air Navigation Act).

Note The period must be a whole day or part of a day — see the Demand Management Act, s 11 (4).

(3) Before making the declaration, the Slot Manager must consult the organisation that provides air traffic control at the airport about the expected aircraft movement capacity of the airport during the period.

Part 5 Guidelines — dispensations under s 31 of the Demand Management Act

40 Guidelines — exceptional circumstances for s 31 of Demand Management Act

(1) Circumstances constitute exceptional circumstances for section 31 of the Demand Management Act if refusal in the circumstances to allow an aircraft to take off or land could jeopardise:

(a) the safety of a person; or

(b) Australia’s international relations.

(2) A dispensation should be subject to a condition that the approval is only for a single aircraft movement.

Note S 31 (1) of the Demand Management Act provides that:

Note: ‘The Slot Manager may grant a dispensation authorising an aircraft to take off from, or land at, Sydney Airport in circumstances that would otherwise result in the operator contravening a civil penalty provision if the Slot Manager is satisfied that there are exceptional circumstances justifying the take off or landing.’

Part 6 Authorisations

41 Authorisation of other persons to perform functions

(1) The Slot Manager may authorise a person or authority mentioned in subsection (2) to exercise any of the Slot Manager’s powers:

(a) relating to the allocation of slots; or

(b) in connection with a slot that has been allocated.

(2) The persons and authorities are:

(a) Airservices Australia; and

(b) the body that provides air traffic control services at the airport; and

(c) the airport operator.

Notes to the Slot Management Scheme 1998

Note 1

Note: The Slot Management Scheme 1998 (in force under subsection 40 (2) of the Sydney Airport Demand Management Act 1997) as shown in this compilation comprise the Slot Management Scheme 1998 amended as indicated in the Tables below.

Note: > Note: Table of Instruments

Note: > Note: Table of Amendments

<table cellspacing="0" cellpadding="0" style="margin-right:auto; margin-left:auto; border-collapse:collapse"><tbody><tr><td colspan="2" style="width:405.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:111.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td style="width:283.8pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Part 1</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>S. 2</span><span style="width:97.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 1999 No. 1; 2001 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Part 2</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold"></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Division 1</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold"></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>S. 3</span><span style="width:97.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2001 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Division 2</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>S. 6</span><span style="width:97.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2001 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>S. 9</span><span style="width:97.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2001 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>S. 10</span><span style="width:92.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2001 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Division 3</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>S. 11</span><span style="width:92.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>rs. 2001 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>S. 14</span><span style="width:92.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 1999 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Division 4</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>S. 16A</span><span style="width:86.38pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...............</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1999 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span></span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span>rep. 1999 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>S. 21</span><span style="width:92.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2001 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Division 5</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>S. 28A</span><span style="width:86.38pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...............</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1999 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span></span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span>rep. 1999 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Division 6</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold"></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>S. 29A</span><span style="width:86.38pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...............</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 1999 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span></span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span>rep. 1999 No. 1</span></p></td></tr><tr><td style="width:111.1pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>S. 30</span><span style="width:92.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2001 No. 1</span></p></td></tr></tbody></table>