Sydney Airport Slot Management Scheme 2025

This instrument, the Sydney Airport Slot Management Scheme 2025 (the Scheme), sets out the Slot Manager’s legal framework and procedure for allocating, managing, monitoring and, in some cases, revoking or varying aircraft slots at Sydney Airport. It is made under subsection 34(1) of the Sydney Airport Demand Management Act 1997 (the Act), and commences in tandem with Schedule 1 to the Sydney Airport Demand Management Amendment Act 2024 (cl 2; s 3). The Scheme repeals the earlier 2013 scheme (Schedule 1).

Mechanically, the Scheme:

defines key concepts for the allocation regime, including the form of an allocation (allocated when offer plus acceptance, s 6), definitions of slot series and slot groups (s 5 definitions), and aircraft size categories A to F for slot conditions (s 8);
requires the Slot Manager to publish key dates and deadlines each scheduling season and to be consistent with the Worldwide Airport Slot Guidelines (s 7);
establishes a two-stage allocation process: initial coordination (after the initial submission deadline and completed before the SAL deadline, s 16) where historic precedence is recognised (ss 13, 17), followed by allocation of non‑historic series and later allocations (ss 18, 20);
mandates a use it or lose it test and a separate conditions test, each an 80 per cent usage threshold assessed after the series completion, with show cause procedures before declarations (ss 10-11);
preserves a class of “protected regional service slot series” with special allocation and preservation rules (s 9);
sets procedural rules, including required application content (s 15), the airport operator’s duty to provide a capacity declaration (s 21(4)), and the Slot Manager’s obligations when offering slots (s 21);

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Commonwealth Coat of Arms of Australia

Sydney Airport Slot Management Scheme 2025

I, Catherine King, Minister for Infrastructure, Transport, Regional Development and Local Government, make the following instrument.

Dated: 7 October 2025

Catherine King

Minister for Infrastructure, Transport, Regional Development and Local Government

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Schedules

5 Definitions

6 Meaning of allocated

7 Slot Manager must publish certain date and deadlines

8 Determining the size of an aircraft

9 Meaning of protected regional service slot series

10 Use it or lose it test

11 Conditions test

12 Meaning of historic precedence

Part 2—System for allocation and management of slots

Division 1—How slots are allocated

Subdivision A—SHL deadline

13 Preparation for allocation of slots before scheduling season starts

Subdivision B—Slot Manager must invite applications

14 Slot Manager must invite operators to apply

Division 2—Applications for slots

Subdivision A—Applications for slots

15 Applying for slots

Subdivision B—Initial coordination

16 Initial coordination

17 Allocation of slot series based on historic precedence

18 Allocation of non‑historic slot series as part of initial coordination

19 Re‑timing of historic slots as part of initial coordination

Subdivision C—Applications for, and allocation of, slots after initial coordination etc.

20 Applications for, and allocation of, slots after initial coordination

Subdivision D—Other requirements relating to slot allocation

21 Rules that apply to all slot allocations

22 Rules that apply to allocations of slots other than on the basis of historic precedence

23 Conditions on the use of slots

24 Slot requirements

Division 3—Slot swaps and slot variations

25 Slot swaps

26 Variation of slot times

27 Variation of conditions of slots

Division 4—How slot allocations are lost

28 Returning slots to Slot Manager at operator’s initiative

29 Consequences if operator contravenes a civil penalty provision

Division 5—Monitoring slot use and administrative action for non‑compliance

30 Application

31 Slot Manager may monitor the use of slots at Sydney Airport

32 Administrative actions available to the Slot Manager

33 Effect of suspension and cancellation

34 Show cause requirement does not affect proceedings for contravention of civil penalty provisions

Division 6—Audit of slot usage

35 Application

36 Audit of slot usage

Part 3—Reconsideration of decisions

37 Application

38 Reconsideration of decisions

39 Notice of new decision

Part 4—Declared exemptions

40 Declared exemptions

41 Operators may request a declared exemption

42 Notifying declared exemptions

Part 5—Authorisations

43 Authorisation of other persons to exercise powers or perform functions

Part 6—Transitional provisions

44 Definitions

45 Transitional provisions—general

46 Transitional provision—gate movements during the 2025 Australian holiday period to be treated as operated for the 2025 northern winter scheduling season

47 Transitional provision—loss of historic precedence for returned 2025 Australian holiday period slots

Schedule 1—Repeals

Sydney Airport Slot Management Scheme 2013

Part 1—Preliminary

1 Name

This instrument is the Sydney Airport Slot Management Scheme 2025.

2 Commencement

(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.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
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

Note: 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.

(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.

3 Authority

This instrument is made under subsection 34(1) of the Sydney Airport Demand Management Act 1997.

4 Schedules

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.

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) aircraft;

(b) curfew period;

(d) gate movement;

(e) operator;

(f) Secretary;

(g) slot;

(h) Slot Manager;

(i) Sydney Airport.

In this instrument:

Act means the Sydney Airport Demand Management Act 1997.

airport operator means the airport‑lessee company for Sydney Airport for the purposes of the Airports Act 1996.

allocated: see section 6.

conditions test: see section 11.

equivalent scheduling season:

(a) for a northern summer—means another northern summer; and

(b) for a northern winter—means another northern winter.

historic precedence: see section 12.

historics baseline date has the same meaning as in the Worldwide Airport Slot Guidelines.

Note: 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.

IATA means the International Air Transport Association.

initial coordination: see section 16.

initial submission deadline has the same meaning as in the Worldwide Airport Slot Guidelines.

kind, in relation to a gate movement, means a gate movement immediately before a take‑off or a gate movement immediately after a landing.

new entrant has the same meaning as in the Worldwide Airport Slot Guidelines.

non‑historic slot series: see subsection 18(1).

northern 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).

northern 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).

peak period, on a day other than a Saturday or Sunday, means each of the following periods:

(a) the period from 7 am to 11 am on the day;

(b) the period from 5 pm to 8 pm on the day.

protected regional service slot series: see section 9.

reconsideration decision means any of the following decisions by the Slot Manager:

(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;

(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.

regional service means a flight that:

(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

(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).

SAL deadline has the same meaning as in the Worldwide Airport Slot Guidelines.

scheduling season means a northern summer or a northern winter.

series return deadline has the same meaning as in the Worldwide Airport Slot Guidelines.

SHL deadline has the same meaning as in the Worldwide Airport Slot Guidelines.

slot group: slots are allocated as a slot group if:

(a) 2 or more slots in the group together authorise gate movements for aircraft operated over a nominated period for a specific event; and

(b) the number of slots in the group is less than the number of slots required for a slot series.

slot series: slots are allocated as a slot series if the slots in the series:

(a) permit a gate movement on the same day of a week:

(i) for a scheduling season that is a northern winter—for at least 5 consecutive weeks during that scheduling season; or

(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

(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

(b) permit the same kind of gate movement at the same time on that day.

Example: A slot series that permits an aircraft to take off at 5 pm every Monday for 8 consecutive weeks.

Sydney West Airport has the same meaning as in the Airports Act 1996.

use it or lose it test: see section 10.

Worldwide 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.

6 Meaning of allocated

For the purposes of this instrument, a slot is allocated to an operator of an aircraft when both the following occur:

(a) the Slot Manager offers the slot to the operator;

(b) the operator accepts the offer.

Note: 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).

7 Slot Manager must publish certain date and deadlines

(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:

(a) the historics baseline date;

(b) the initial submission deadline;

(d) the SHL deadline;

(e) the series return deadline.

(2) The relevant date or deadline:

(a) must be published no later than 30 days before the relevant date or deadline; and

(b) must be consistent with the Worldwide Airport Slot Guidelines.

8 Determining the size of an aircraft

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:

(a) group A aircraft, being aircraft that have:

(i) a wingspan of less than 15 metres; and

(ii) an outer main gear wheel span of less than 4.5 metres;

(b) group B aircraft, being aircraft that have:

(i) a wingspan of 15 metres or more but less than 24 metres; and

(ii) an outer main gear wheel span of 4.5 metres or more but less than 6 metres;

(i) a wingspan of 24 metres or more but less than 36 metres; and

(ii) an outer main gear wheel span of 6 metres or more but less than 9 metres;

(d) group D aircraft, being aircraft that have:

(i) a wingspan of 36 metres or more but less than 52 metres; and

(ii) an outer main gear wheel span of 9 metres or more but less than 14 metres;

(e) group E aircraft, being aircraft that have:

(i) a wingspan of 52 metres or more but less than 65 metres; and

(ii) an outer main gear wheel span of 9 metres or more but less than 14 metres;

(f) group F aircraft, being aircraft that have:

(i) a wingspan of 65 metres or more; and

(ii) an outer main gear wheel span of 14 metres or more.

Note: Under section 23, the Slot Manager may impose a condition on a slot requiring a specific aircraft type to engage in a gate movement.

9 Meaning of protected regional service slot series

(1) A slot series is a protected regional service slot series if:

(a) each slot in the series permits a gate movement only during a peak period; and

(b) either:

(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

(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.

Note 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).

Note 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.

Note 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).

All available protected regional service slot series to be fully allocated before Slot Manager allocates other slots during peak period for regional services

(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.

(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.

Reduction or loss of protected regional service slot series

(4) A slot series is not a protected regional service slot series if:

(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

(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.

10 Use it or lose it test

(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.

Slot Manager may declare operator failed to comply with use it or lose it test

(2) After the completion of the slot series, the Slot Manager:

(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

(b) if the Slot Manager is satisfied that the aircraft failed to do so:

(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

(ii) if the Slot Manager decides to make the declaration—must notify the operator and the Department in writing of the declaration.

Note: 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.

Slot Manager must provide show cause notice to operator before making declaration

(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.

(4) The show cause notice must:

(a) include the reasons for the proposed declaration; and

(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.

(5) The period specified in the show cause notice must be reasonable, having regard to all the circumstances of the case.

(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.

Gate movements covered by certain declared exemptions are to be disregarded

(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.

Matters to be taken into account when calculating gate movements

(8) In calculating the percentage mentioned in paragraph (2)(a), the Slot Manager must:

(a) treat the following slots as if they had not been allocated:

(i) a slot that was returned on or before the historics baseline date;

(ii) a slot that was subject to a slot swap that had effect for a single day; and

(b) treat the following slots as if they had been allocated:

(i) a slot that was returned after the historics baseline date;

(ii) a slot that was obtained by a slot swap that had effect for 2 or more days.

Operator taken to comply with the use it or lose it test if Slot Manager does not make a declaration

(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.

11 Conditions test

(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.

Note: 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.

Slot Manager may declare operator failed to comply with conditions test

(2) After the completion of the slot series, the Slot Manager:

(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

(b) if the Slot Manager is satisfied that the operator failed to do so:

(i) may declare in writing that the operator failed to comply with the conditions test in relation to the slot series; and

(ii) if the Slot Manager decides to make the declaration—must notify the operator and the Department in writing of the declaration.

Slot Manager must provide show cause notice to operator before making declaration

(4) The show cause notice must:

(a) include the reasons for the proposed declaration; and

(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.

(5) The period specified in the show cause notice must be reasonable, having regard to all the circumstances of the case.

(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.

Gate movements covered by certain declared exemptions are to be disregarded

(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.

Matters to be taken into account when assessing compliance in relation to conditions

(8) In calculating the percentage mentioned in paragraph (2)(a), the Slot Manager must:

(a) treat the following slots as if they had not been allocated:

(i) a slot that was returned on or before the historics baseline date;

(ii) a slot that was subject to a slot swap that had effect for a single day; and

(b) treat the following slots as if they had been allocated:

(i) a slot that was returned after the historics baseline date;

(ii) a slot that is obtained by a slot swap that had effect for 2 or more days.

Operator taken to comply with the conditions test if Slot Manager does not make a declaration

(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.

12 Meaning of historic precedence

(1) Subject to subsection (2), an operator of an aircraft has historic precedence to a slot series if:

(a) the corresponding slot series in the previous equivalent scheduling season was allocated to the operator; and

(b) the operator complied with the use it or lose it test and the conditions test in relation to that slot series.

Note: An operator retains historic precedence to a slot series if the timing of the slot series is varied under section 19 or 26.

Historic precedence in relation to protected regional service slot series

(2) If:

(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

(b) the operator complied with the use it or lose it test and the conditions test in relation to that slot series;

the operator does not have historic precedence to that series unless:

(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

(d) the operator complied with the use it or lose it test and the conditions test in relation to that slot series.

Note 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.

Note 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).

Part 2—System for allocation and management of slots

Division 1—How slots are allocated

Subdivision A—SHL deadline

13 Preparation for allocation of slots before scheduling season starts

(1) Before the start of each scheduling season (the next scheduling season), the Slot Manager must:

(a) decide those slot series in the next scheduling season for which an operator of aircraft has or will have historic precedence; and

(b) no later than the SHL deadline for the season, notify the operator in writing of:

(i) the slots (the slot historics list) to which the Slot Manager considers the operator has or will have historic precedence; and

(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

(iii) any other information the Slot Manager considers relevant to allocation of slots for that scheduling season.

(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.

Subdivision B—Slot Manager must invite applications

14 Slot Manager must invite operators to apply

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.

Note 1: For each scheduling season, the Slot Manager must publish the initial submission deadline for the season, see paragraph 7(1)(b).

Note 2: Section 15 sets out how operators are to apply for slots.

Division 2—Applications for slots

Subdivision A—Applications for slots

15 Applying for slots

Applications for the allocation of slots

(1) Any operator of an aircraft may apply for the allocation of any of the following, or any combination of the following:

(a) a single slot;

(b) a slot group;

Requirements for applications

(2) The application must:

(a) be made in a form or manner approved, in writing, by the Slot Manager; and

(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

(3) For the purposes of paragraph (2)(b), the following information is required:

(a) if the applicant has an airline code or a proposed airline code—the applicant’s airline code or proposed airline code;

(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;

(d) the proposed date and time of the single slot, slot group or slot series applied for;

(e) for each slot applied for:

(i) whether the gate movement for the slot is for an aircraft arrival or an aircraft departure; and

(ii) if the gate movement is for an aircraft arrival—the previous take‑off airport of the aircraft; and

(iii) if the gate movement is for an aircraft departure—the next landing airport of the aircraft; and

(iv) the type of aircraft to be used for the proposed air service; and

(v) the number of seats in the aircraft to be used for the proposed air service;

(f) any slots for which the operator is qualified, and proposes, to be a new entrant.

(4) For the purposes of paragraph (3)(d), the proposed time may be given in:

(a) the legal time in New South Wales on the day of the slot; or

(b) Universal Coordinated Time.

However, the application must specify the time system that the application uses.

Slot Manager must publish details, information and guidance material in relation to application procedures

(5) The Slot Manager must:

(a) publish on the Slot Manager’s website:

(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

(ii) guidance material to assist operators in making applications for slots; and

(b) make available to operators any forms approved for the purposes of paragraph (2)(a).

Subdivision B—Initial coordination

16 Initial coordination

The Slot Manager:

(a) must:

(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

(ii) complete the initial coordination before the SAL deadline for the scheduling season; and

(b) may, after the initial coordination, allocate further slots under section 20.

17 Allocation of slot series based on historic precedence

(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.

(2) If:

(a) an operator of an aircraft applies for a slot series in response to an invitation under section 14; and

(b) the operator has historic precedence to the slot series;

the Slot Manager must offer the slot series to the operator, unless the allocation would be inconsistent with section 21.

Note: Section 12 sets out when an operator of an aircraft has historic precedence to a slot series.

(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.

18 Allocation of non‑historic slot series as part of initial coordination

(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.

Note: See sections 21 and 22 for the rules that apply to allocations of slots in accordance with this Division.

(2) When offering the non‑historic slot series, the Slot Manager must ensure that:

(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:

(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

(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

(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.

19 Re‑timing of historic slots as part of initial coordination

(1) This section applies in relation to an operator that has historic precedence in relation to:

(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

(b) a protected regional service slot series (the original PRSS) that permits a gate movement:

(i) during the peak period (the morning peak period) from 7 am to 11 am on a day; or

(ii) during the peak period (the evening peak period) from 5 pm to 8 pm on a day.

Re‑timing of original historic slot series other than protected regional service slot series

(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.

(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.

Re‑timing of protected regional service slot series

(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.

(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:

(a) on the same day of a week as the original PRSS; and

(b) either:

(i) if the original PRSS permitted a gate movement during the morning peak period—during the morning peak period; or

(ii) if the original PRSS permitted a gate movement during the evening peak period—during the evening peak period.

Note 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.

Note 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.

Subdivision C—Applications for, and allocation of, slots after initial coordination etc.

20 Applications for, and allocation of, slots after initial coordination

Operators may apply for further slot series at any time

(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.

Slot Manager may allocate available single slots and slot groups at any time after series return deadline

(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.

Note: See sections 21 and 22 for the rules that apply to allocations of slots in accordance with this Part.

Certain applications to be placed on a waitlist

(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.

Subdivision D—Other requirements relating to slot allocation

21 Rules that apply to all slot allocations

(1) The Slot Manager must comply with this section when offering slots to operators of aircraft.

(2) The Slot Manager must not offer to allocate a single slot, slot group or slot series at Sydney Airport to an operator if:

(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

Note: The maximum movement limit during a regulated hour is set out in paragraph 6(1)(a) of the Act.

(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.

Matters the Slot Manager must have regard to before offering slots

(3) Before offering a single slot, slot group or slot series to an operator, the Slot Manager must have regard to:

(a) any advice about the likely effect of the allocation, if made, on the operational efficiency or capacity of Sydney Airport received from:

(i) the body that provides air traffic control at Sydney Airport; or

(ii) the airport operator; and

(b) the capacity declaration prepared by the airport operator under paragraph (4)(a) and given to the Slot Manager under paragraph (4)(b).

Airport operator to prepare capacity declaration and give the declaration to Slot Manager

(4) The airport operator must:

(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

(b) no later than 7 days before the initial submission deadline for the season, give the capacity declaration to the Slot Manager.

(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.

Slot allocations taken to be withdrawn if not accepted

(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:

(a) the offer is taken to have been withdrawn; and

(b) the slot, slot group or slot series is returned to the Slot Manager.

22 Rules that apply to allocations of slots other than on the basis of historic precedence

(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:

(a) the Worldwide Airport Slot Guidelines;

(b) the following aims:

(i) resolving competing applications through consultation and negotiation;

(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;

(iii) giving priority to applications for slots from operators of aircraft proposing to use the slots to operate a year‑round service;

(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;

(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;

(vi) promoting competition and fairness at Sydney Airport;

(vii) encouraging a diversity of operators at Sydney Airport, including international, domestic and freight operators, whether new entrants or existing operators.

Note: 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.

(2) To avoid doubt, the aims mentioned in paragraph (1)(b) are not listed in any order of priority.

23 Conditions on the use of slots

(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.

Note: 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.

(2) The operator must comply with any conditions imposed on the slot, slot group or slot series.

(3) Without limiting subsection (1), the conditions may relate to any or all of the following in relation to the use of the slot:

(a) the type of aircraft permitted to use the slot;

(b) the size of aircraft permitted to use the slot;

(d) the approved arrival or destination airports of the aircraft permitted to use the slot;

(e) whether a slot may be used by an aircraft carrying freight or carrying passengers.

Note: 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.

24 Slot requirements

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:

(a) the aircraft engaged in the gate movement must be an aircraft of the type permitted to use the slot on the day;

(b) the aircraft engaged in the gate movement must be an aircraft of the size permitted to use the slot on the day;

(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;

(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;

(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.

Division 3—Slot swaps and slot variations

25 Slot swaps

(1) Two operators of aircraft may, in writing, apply to the Slot Manager for approval to swap slots.

(2) The Slot Manager may, in accordance with this section, approve the slot swap.

(3) A slot swap has no effect unless:

(a) it is approved in writing by the Slot Manager; and

(b) it is approved before the slot swap occurs.

(4) In deciding whether to approve a slot swap, the Slot Manager must consider the operational efficiency of Sydney Airport.

(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.

(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.

(7) A slot swap has effect:

(a) if the Slot Manager specifies a period in the approval—for the specified period; or

Example: The Slot Manager could specify a period of one day.

(b) otherwise—for the remainder of the scheduling season.

Note: 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.

26 Variation of slot times

(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.

(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.

(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.

(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.

27 Variation of conditions of slots

(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.

(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.

(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.

(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.

Division 4—How slot allocations are lost

28 Returning slots to Slot Manager at operator’s initiative

An operator of an aircraft may return a slot allocated to the operator to the Slot Manager at any time.

Note: 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.

29 Consequences if operator contravenes a civil penalty provision

(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:

(a) the Slot Manager must, as soon as practicable after the court makes its determination, cancel the contravened slot;

(b) the operator ceases to have historic precedence to the same kind of slot as the contravened slot:

(i) for the remainder of that scheduling season; and

(ii) for the next equivalent scheduling season.

(2) If subsection (1) applies in relation to an operator, the Slot Manager must:

(a) notify the operator, in writing, of the cancellation of the contravened slot; and

(b) provide the operator with a statement of the effect of paragraph (1)(b) on the allocation of slots to the operator.

Note: 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.

Division 5—Monitoring slot use and administrative action for non‑compliance

30 Application

This Division is made in accordance with subsection 37(4) of the Act.

31 Slot Manager may monitor the use of slots at Sydney Airport

(1) The Slot Manager may monitor the use of slots at Sydney Airport for any one or more of the following purposes:

(a) to ensure that gate movements at Sydney Airport are in accordance with the slots as allocated;

(b) to ensure that slots are used in line with the use it or lose it test and the conditions test;

(d) to help ensure the smooth operation of Sydney Airport for all stakeholders;

(e) to prevent the misuse of slots;

(f) to improve efficiency at Sydney Airport;

(g) to promote competition and fairness at Sydney Airport;

(h) to check whether an operator is complying with the Act.

Note: 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.

(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.

(3) The measures and procedures must be consistent with Part 9 of the Worldwide Airport Slot Guidelines.

32 Administrative actions available to the Slot Manager

(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.

(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):

(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;

(b) refer the non‑compliance to the Compliance Committee;

(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;

(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);

(f) cancel the slot, slot group or slot series allocated to the operator.

Slot Manager may issue warning before taking other remedial action

(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).

Show cause notices

(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.

(5) The show cause notice must:

(a) specify the non‑compliance; and

(b) include the reasons for the remedial action; and

(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

(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

(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.

(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.

Slot Manager must consider submissions from operator before suspending or cancelling slots etc.

(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).

Matters to be included in certain compliance notices

(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:

(a) the reasons for the remedial action; and

(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.

33 Effect of suspension and cancellation

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:

(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;

(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.

Note: 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.

34 Show cause requirement does not affect proceedings for contravention of civil penalty provisions

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.

Division 6—Audit of slot usage

35 Application

This Division is made in accordance with subsection 37(4) of the Act.

36 Audit of slot usage

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.

Part 3—Reconsideration of decisions

37 Application

This Part is made for the purposes of subsection 36(6) of the Act.

38 Reconsideration of decisions

Request for review

(1) An operator of an aircraft whose interests are affected by a reconsideration decision may request the Secretary to reconsider the decision.

(2) The request must:

(a) be in writing; and

(b) set out the reasons for the request; and

(i) the show cause notice given to the operator by the Slot Manager under subsection 10(3) or 11(3) (as applicable); and

(ii) any submissions made by the operator within the period specified in the relevant show cause notice; and

(d) be given to the Secretary within 7 days after the day the operator first received the notice of the reconsideration decision.

(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.

Review of decision

(4) The Secretary must review the reconsideration decision as soon as practicable after receiving the request.

Secretary may request further information or documents

(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.

(6) A request under subsection (5) must:

(a) be in writing; and

(b) set out each matter for which information is requested; and

(d) state that the information and documents must be provided to the Secretary:

(i) no later than 5 days after the request is made; or

(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.

Actions on reconsideration

(7) The Secretary may:

(a) affirm, vary or set aside the reconsideration decision; and

(b) if the Secretary sets aside the reconsideration decision—make such other decision as the Secretary thinks appropriate.

Reconsideration decision to be consistent with the Act

(8) A decision of the Secretary under subsection (7) (the new decision) must be consistent with the Act.

Note: 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.

Decisions to be made within 28 days after request is given to Secretary

(9) The Secretary must make the new decision within 28 days after the request for reconsideration is given to the Secretary.

Effect of new decision

(10) The new decision is, for all purposes, taken to have been made by the Slot Manager.

When new decision takes effect

(11) The new decision:

(a) takes effect, or is taken to have effect, on the day specified in the decision; or

(b) if a day is not specified—on the day the new decision is made.

Meaning of regulated entity

(12) In this section:

regulated entity has the meaning given by subsection 70D(1) of the Act.

39 Notice of new decision

(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:

(a) the new decision;

(b) the reasons for the new decision.

(2) A failure to comply with subsection (1) does not affect the validity of the new decision.

Part 4—Declared exemptions

40 Declared exemptions

(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.

(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.

Permitted circumstances

(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:

(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;

(b) the airspace, runway or essential airport infrastructure connected with an operation at the airport is unavailable or its use is restricted;

(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;

(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;

(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;

(f) there has been a failure of, or defect in, the equipment that is required for the safe operation of aircraft at the airport;

(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);

(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.

41 Operators may request a declared exemption

(1) An operator of an aircraft may, in writing, request the Slot Manager to make a declared exemption under section 47 of the Act:

(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

(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.

(2) The request must:

(a) specify the gate movement in relation to which the declared exemption is requested; and

(b) specify each circumstance mentioned in subsection 40(3) that has occurred that the operator considers applies in relation to the declared exemption; and

(i) if paragraph (1)(a) applies—7 days after the gate movement should have been conducted; or

(ii) if paragraph (1)(b) applies—7 days after the gate movement was conducted.

Note: 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.

42 Notifying declared exemptions

(1) This section is made for the purposes of subsection 49(5) of the Act.

Declared exemption on the Slot Manager’s initiative

(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.

Declared exemption on the request of operator

(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.

Slot Manager must provide monthly notification of declared exemptions to the Department

(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.

Part 5—Authorisations

43 Authorisation of other persons to exercise powers or perform functions

(1) This section is made for the purposes of subsection 36(4) of the Act.

(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:

(a) the allocation of slots at Sydney Airport; or

(b) the management of slots that have been allocated.

(3) The persons are the following:

(a) Airservices Australia;

(b) any other body that provides air traffic control services at Sydney Airport;

(4) An authorisation under subsection (2) must:

(a) be in writing; and

(b) specify the power or function that the person is authorised to exercise or perform; and

(5) The Slot Manager must:

(a) keep a record of each authorisation under subsection (2) for 7 years; and

(b) give a copy of each such authorisation to the Secretary as soon as practicable after the authorisation is made.

Part 6—Transitional provisions

44 Definitions

In this Part:

2013 Scheme means the Sydney Airport Slot Management Scheme 2013.

2024 Australian holiday period means the period between 15 December 2024 and 27 January 2025.

2025 Australian holiday period means the period between 15 December 2025 and 27 January 2026.

2024 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.

2025 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.

commencement day means the day on which this instrument commences.

45 Transitional provisions—general

(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.

(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.

(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.

(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.

Example: 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.

46 Transitional provision—gate movements during the 2025 Australian holiday period to be treated as operated for the 2025 northern winter scheduling season

(1) This section applies if:

(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

(b) the operator returned the 2025 holiday period slots to the Slot Manager before the end of 31 August 2025; and

(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:

(a) had, for the 2024 northern winter scheduling season, been allocated a slot series equivalent to the 2025 NW slot series; and

(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.

(3) The request under paragraph (1)(c) must:

(a) be made in the form approved, in writing, by the Slot Manager; and

(b) include the information required by the form so approved.

(4) The Slot Manager must:

(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

(b) make available to operators the form so approved.

47 Transitional provision—loss of historic precedence for returned 2025 Australian holiday period slots

(1) This section applies if:

(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

(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.

(2) The operator does not have historic precedence to the 2025 returned slots.

Note: 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.

Schedule 1—Repeals

Sydney Airport Slot Management Scheme 2013

1 The whole of the instrument

Repeal the instrument.

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Sydney Airport Slot Management Scheme 2025

I, Catherine King, Minister for Infrastructure, Transport, Regional Development and Local Government, make the following instrument.

Dated: 7 October 2025

Catherine King

Minister for Infrastructure, Transport, Regional Development and Local Government

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Schedules

5 Definitions

6 Meaning of allocated

7 Slot Manager must publish certain date and deadlines

8 Determining the size of an aircraft

9 Meaning of protected regional service slot series

10 Use it or lose it test

11 Conditions test

12 Meaning of historic precedence

Part 2—System for allocation and management of slots

Division 1—How slots are allocated

Subdivision A—SHL deadline

13 Preparation for allocation of slots before scheduling season starts

Subdivision B—Slot Manager must invite applications

14 Slot Manager must invite operators to apply

Division 2—Applications for slots

Subdivision A—Applications for slots

15 Applying for slots

Subdivision B—Initial coordination

16 Initial coordination

17 Allocation of slot series based on historic precedence

18 Allocation of non‑historic slot series as part of initial coordination

19 Re‑timing of historic slots as part of initial coordination

Subdivision C—Applications for, and allocation of, slots after initial coordination etc.

20 Applications for, and allocation of, slots after initial coordination

Subdivision D—Other requirements relating to slot allocation

21 Rules that apply to all slot allocations

22 Rules that apply to allocations of slots other than on the basis of historic precedence

23 Conditions on the use of slots

The Scheme organises slot management around a small set of technical and procedural concepts. These are defined and operationalised in the Scheme text, and determine who gets priority and how allocations can be retained or lost.

Slot and allocation: A slot is allocated only when the Slot Manager offers it and the operator accepts the offer (s 6). That legal moment of allocation matters for counting usage and for transfers: after an approved slot swap the recipient is taken to have been allocated the swapped slot (s 25(6)).

Slot series and slot group: A slot series is a repeated weekly slot for a consecutive number of weeks, with distinct week-count thresholds for different scheduling seasons. For northern winter a slot series requires at least 5 consecutive weeks; for northern summer there is a split: northern summers before 1 January 2027 require 5 consecutive weeks, and northern summers on or after 1 January 2027 require at least 7 consecutive weeks (s 5 definitions). Slot groups are grouped allocations for events but are not full slot series (s 5 definitions).

Historic precedence: Historic precedence is the basic priority right in the initial coordination round. An operator holds historic precedence to a slot series if the corresponding series in the previous equivalent scheduling season was allocated to them and they complied with both the use it or lose it test and the conditions test in that prior season (s 12(1)). Historic precedence survives re‑timing of the series where permissible (s 12 note; s 19(2) and (5)) but can be lost by court determination of a civil penalty breach tied to a slot (s 12 note 2; s 29(1)).

Use it or lose it and conditions tests: Both are 80 per cent quantitative thresholds applied after the completion of the slot series. The use it or lose it test checks whether the operator conducted gate movements of the permitted kind for at least 80 per cent of allocated slots (s 10(2)(a)). The conditions test checks whether the operator complied with any Slot Manager conditions for at least 80 per cent of allocated slots (s 11(2)(a)). Both tests require show cause notice and an opportunity to submit (ss 10(3)-(6), 11(3)-(6)). Certain gate movements covered by declared exemptions under s 47 of the Act must be disregarded for both tests (ss 10(7), 11(7)).

Protected regional service slot series: A subset of slot series that are peak‑period slots for regional services, preserved so that allocation of other peak regional slots cannot occur until protected series are fully allocated (s 9(1)-(3)). Protected status can be lost where series are repeatedly used for non‑regional services in the previous two equivalent scheduling seasons and both use and conditions tests were met (s 9(4)).

Interaction with Worldwide Guidelines: The Scheme repeatedly requires the Slot Manager to be consistent with and have regard to the Worldwide Airport Slot Guidelines; the initial submission, SAL, SHL and series return deadlines must be consistent with those Guidelines (s 7(2)), and allocations other than historic precedence must have regard to the Guidelines and specified aims such as encouraging new entrants and promoting competition (s 22(1)).

Administrative enforcement and remedies: The Slot Manager may monitor slot use (s 31), issue compliance notices and take remedial action including warnings, referrals, performance plans, suspension and cancellation (s 32). Suspension or cancellation requires show cause (s 32(4)-(7)), and cancellation after a court has found a civil penalty contravention triggers mandatory cancellation and loss of historic precedence for the season and the next equivalent season (s 29).

Publication, procedural timelines and applications: The Scheme prescribes minimum publication and notice timing,Slot Manager must publish key deadlines no later than 30 days before each deadline (s 7(2)); operators must apply in a prescribed form and include specified details (s 15); the airport operator must prepare and deliver a capacity declaration to inform allocation decisions no later than 7 days before the initial submission deadline (s 21(4)). Offers of allocation are taken to be withdrawn if not accepted within 3 business days (s 21(6)).

Reconsideration and oversight: Operators can ask the Secretary to reconsider reconsideration decisions (decisions under ss 10(2)(b) or 11(2)(b)) within defined timeframes and must provide the show cause notice and submissions: the Secretary must review and make a decision within 28 days (s 38).

Declared exemptions and notification: The Scheme specifies circumstances for declared exemptions (s 40), a deadline for operator requests (s 41), Slot Manager notification duties (s 42) and a monthly reporting requirement to the Department for declared exemptions (s 42(4)).

Authorisations and delegation: The Slot Manager may authorise Airservices Australia, another air traffic control body, or the airport operator to exercise specified Slot Manager powers (s 43). The Slot Manager must keep records of authorisations and provide copies to the Secretary (s 43(4)-(5)).

Transitional and repeal: The Scheme converts allocations under the 2013 Scheme to allocations under the new Scheme and contains specific transitional rules for the 2025 holiday period and historic precedence for returned holiday slots (Part 6, ss 45-47). The 2013 Scheme is repealed (Schedule 1).

Primary regulated parties

Operators of aircraft: The Scheme’s application, acceptance, monitoring, enforcement and reconsideration mechanics all operate directly on aircraft operators. Operators must apply in the approved form and provide specified information (s 15(2)-(3)), accept or reject offers within 3 business days or have offers deemed withdrawn (s 21(6)), comply with slot conditions and usage tests (ss 10-11, 23), and may be subject to remedial action including suspension or cancellation (s 32). They also bear evidential burdens for declared exemption requests (s 41(2)).
Slot Manager: The Slot Manager is the decision maker for offers, monitoring, show cause notices, remedial actions and declared exemptions. The Scheme prescribes the Slot Manager’s duties to publish dates and deadlines (s 7), to follow specified allocation sequencing (ss 13, 16-19), to consult with operators when re‑timing historic series (s 19), and to maintain authorisation records (s 43(5)). The Slot Manager also reports declared exemptions to the Department monthly (s 42(4)).

Other institutional actors

Airport operator (airport‑lessee company): Required to prepare a capacity declaration before each scheduling season setting out available infrastructure and operational limits, and to provide that declaration to the Slot Manager no later than 7 days before the initial submission deadline (s 21(4)). The airport operator can be authorised to exercise Slot Manager powers (s 43(2)-(3)), and its operational advice must be considered by the Slot Manager before allocating slots (s 21(3)(a)).
Airservices Australia and air traffic control bodies: Identified as possible recipients of Slot Manager authorisations (s 43). The Slot Manager must have regard to operational advice from the body that provides air traffic control at Sydney Airport when offering slots (s 21(3)(a)(i)).
Department and Secretary: The Department is notified when the Slot Manager makes certain declarations (ss 10(2)(b)(ii), 11(2)(b)(ii)). The Secretary performs statutory reconsideration review functions under Part 3 (ss 37-39), may commission independent audits of allocations and usage (s 36), and receives copies of authorisations from the Slot Manager (s 43(5)(b)).
Minister: The Scheme notes the Minister’s power under section 46 of the Act to direct the Slot Manager to exercise powers subject to specified limitations and that such directions need not be consistent with the Scheme (see notes in ss 22 and 23). The Slot Manager may also refer non‑compliance to the Minister under s 32(2)(c).

Stakeholders affected indirectly

Passengers and shippers: Changes in slot allocation priorities, conditions (aircraft type, freight vs passenger), and the prioritisation of larger aircraft and year‑round services are channelled to end users through airline route choice, frequency and aircraft type decisions (s 22(1)(b)(ii)-(iii), (vii)). Protected regional service series affect regional connectivity in peak periods (s 9).
Competitors and new entrants: The Scheme includes explicit mechanisms to favour new entrants during allocation of non‑historic slot series (s 18(2)(a)), and aims to encourage diversity of operators (s 22(1)(b)(vii)). These provisions affect market contestability at Sydney Airport.
Compliance Committee and courts: The Scheme contemplates referral to a Compliance Committee (s 32(2)(b)) and enforcement through the Act’s civil penalty provisions (see s 29 where court findings trigger cancellation and loss of historic precedence). The Act’s Division 4 of Part 3 (not reproduced here) is referenced repeatedly.

Who bears costs

Operators carry most direct compliance costs: preparing applications with required details (s 15(3)), responding to show cause notices and performance plans (ss 10(3)-(6), 11(3)-(6), 32(4)-(7)), and potentially having services suspended or cancelled (s 32(2)(e)-(f)). Operators also face operational costs to meet conditions (s 23), such as maintaining a particular aircraft type or size.
Airport operator bears administrative cost of producing the capacity declaration (s 21(4)) and may incur costs where authorised to act for the Slot Manager (s 43).
Slot Manager and Department incur monitoring, notification and audit costs; the Secretary can commission independent audits (s 36). The Scheme also requires monthly reporting of declared exemptions to the Department (s 42(4)), creating a recurring information flow.

Who decides

Allocation and remedial decisions are primarily the Slot Manager’s (ss 13-20, 32), subject to notice, consultation, capacity declaration inputs, and the Secretary’s statutory reconsideration role (Part 3). Ministerial directions under section 46 of the Act can supersede Scheme consistency where exercised.

Slot Manager duties and discretions

Publication duties: The Slot Manager must publish the historics baseline date, initial submission deadline, SAL deadline, SHL deadline and series return deadline for each scheduling season at least 30 days before each date (s 7(1)-(2)).
Allocation duties: Before each scheduling season the Slot Manager must identify and notify operators of the slot historics list and an agreed historics deadline (s 13(1)(a)-(b)), commence initial coordination after the initial submission deadline and complete it before the SAL deadline (s 16), and offer historic slot series to operators with historic precedence (s 17). When historic allocation would conflict with s 21 constraints the Slot Manager must consult and offer alternatives (s 17(3)).
Consideration duties: When offering slots the Slot Manager must not exceed regulated movement limits or breach curfew law (s 21(2)), and must have regard to air traffic control and the airport operator’s operational advice and capacity declaration (s 21(3)-(5)). For allocations not based on historic precedence, the Slot Manager must have regard to the Worldwide Guidelines and enumerated aims, such as prioritising larger aircraft, year‑round services, regional peak access, operators without prior civil penalty contraventions, and encouraging competition and diversity (s 22(1)).
Monitoring and remedial powers: The Slot Manager may monitor slot use (s 31), take administrative remedial action on reasonable grounds (s 32(1)-(2)), and must follow show cause requirements before suspension or cancellation (s 32(4)-(7)). If a court finds a civil penalty contravention in relation to a slot, the Slot Manager must cancel that slot and the operator loses historic precedence to that kind of slot for the remainder of the season and the next equivalent season (s 29(1)).

Operator duties and rights

Application content and format: Operators must apply in the form or manner approved by the Slot Manager and include required information for each gate movement, such as airline code, flight number, aircraft type and seats, previous or next landing airport, and whether the operator is a proposed new entrant (s 15(2)-(3)).
Acceptance timing: Offers expire if not accepted within 3 business days and are treated as withdrawn (s 21(6)).
Compliance with conditions and use tests: Operators must comply with slot conditions and the use it or lose it test to retain historic precedence; both are assessed at 80 per cent post‑season with show cause steps (ss 10-11, 12).
Rights to show cause and reconsideration: Operators must receive show cause notices before declarations of failure to meet use or conditions tests (ss 10(3)-(4), 11(3)-(4)). Operators affected by a reconsideration decision may request the Secretary to reconsider within 7 days of receiving notice, and the Secretary must decide within 28 days (s 38(2)-(9)). The Secretary’s new decision is taken to have been made by the Slot Manager (s 38(10)).

Airport operator duties

Capacity declaration: Prepare a written capacity declaration before each scheduling season, set out available capacity parameters and give it to the Slot Manager no later than 7 days before the initial submission deadline (s 21(4)). The Slot Manager may publish it (s 21(5)).

Other rights and constraints

Re‑timing and variation: With operator agreement the Slot Manager may vary the time of a slot (s 26) or vary conditions imposed on a slot (s 27). For protected regional service series, re‑timing must remain on the same day of week and within the same peak (s 19(4)-(5)) to preserve protected status.
Slot swaps: Two operators may apply in writing to swap slots, but swaps only take effect with the Slot Manager’s prior written approval (s 25(1)-(4)). Unapproved swaps risk civil penalty liability under the Act (s 25 note).
Declared exemptions: Operators may request declared exemptions for specific gate movements and must do so within 7 days of the missed or non‑complying gate movement (s 41(1)-(2)). Exemptions must be within specified circumstances such as airworthiness directives, infrastructure outages, adverse weather, industrial action, equipment failures, transport safety occurrences, or unlawful interference (s 40(3)(a)-(h)). Gate movements covered by declared exemptions are to be disregarded for the use and conditions tests (ss 10(7), 11(7)).

Administrative obligations and records

Authorisations: Where the Slot Manager authorises other entities to exercise slot functions, the authorisation must be in writing, specify powers and period, be recorded and a copy given to the Secretary, and be retained for 7 years (s 43).
Notifications: The Slot Manager must notify operators and the Department of certain declarations (ss 10(2)(b)(ii), 11(2)(b)(ii)), give prompt notice after swap decisions (s 25(5)), and notify operators of declared exemptions within specified timetables (s 42(2)-(3)). Monthly declared exemption reporting to the Department is mandatory (s 42(4)).

Statutory enforcement paths and administrative remedies are layered.

Court and civil penalty consequences

The Scheme references the Act’s civil penalty provisions in Division 4 of Part 3 as the statutory enforcement route for unauthorised behaviour, and ties judicial determinations to mandatory administrative effects. If a court determines an operator has contravened a civil penalty provision in relation to a slot, the Slot Manager must cancel the contravened slot as soon as practicable (s 29(1)(a)), and the operator immediately loses historic precedence to the same kind of slot for the rest of that season and the next equivalent season (s 29(1)(b)(i)-(ii)). The Slot Manager must notify the operator and provide a statement of effect (s 29(2)).

Administrative enforcement by the Slot Manager

Monitoring and grounds: The Slot Manager may monitor slot use for enumerated purposes, including ensuring slots are used in line with the use it or lose it and conditions tests, preventing misuse and improving efficiency (s 31(1)). Monitoring measures must be consistent with Part 9 of the Worldwide Airport Slot Guidelines (s 31(3)).
Compliance notices and remedial action: If the Slot Manager is satisfied on reasonable grounds of non‑compliance with a civil penalty provision, the Slot Manager may issue a compliance notice and then take remedial actions listed in s 32(2). Remedial actions include warnings, referral to a Compliance Committee, referral to the Minister, entering performance plans, suspension for a specified period (not exceeding the remainder of the scheduling season), or cancellation. The Slot Manager may first issue an informative warning before escalating to more severe remedies (s 32(3)).
Show cause and natural justice: Before suspending or cancelling a slot, the Slot Manager must give a written show cause notice specifying the non‑compliance, reasons, proposed suspension period if relevant, invite written submissions and, where appropriate, specify actions the operator may take to avoid action (ss 32(4)-(6)). The period allowed for submissions must be reasonable (s 32(6)). The Slot Manager must consider any submissions prior to taking suspension or cancellation (s 32(7)).
Effect of suspension and cancellation: Suspended slots are returned to the Slot Manager for the suspension period but may be reallocated to the original operator if the Slot Manager is satisfied the operator has complied with a performance plan before the end of suspension (s 33(a)). Cancelled slots are returned and may be reallocated for the remainder of the scheduling season (s 33(b)). If an operator uses a slot that has been suspended or cancelled, that use may itself contravene civil penalty provisions (s 33 note).

Procedural checks and review

Show cause for use and conditions declarations: Before declaring an operator failed use or conditions tests (which can affect historic precedence), the Slot Manager must issue a show cause notice with reasons and allow written submissions within a reasonable period (ss 10(3)-(6), 11(3)-(6)). The Slot Manager must consider submissions before making the declaration (ss 10(6), 11(6)).
Reconsideration by the Secretary: Operators affected by reconsideration decisions (declarations under ss 10(2)(b) or 11(2)(b)) may request the Secretary to reconsider, providing the show cause notice and any submissions used in response (s 38(2)(c)(i)-(ii)). The Secretary must review promptly, may request further information, and must make a new decision within 28 days, which will be treated as having been made by the Slot Manager (ss 38(4)-(11)).

Civil liability risk and timing pitfalls

Unapproved swaps and unauthorised use: Slot swaps require prior written approval; operating under an unapproved swap can expose an operator to civil penalty proceedings under the Act (s 25 note; s 25(3)-(4)). Operating under a slot that has been suspended or cancelled likewise risks civil penalty exposure (s 33 note).
Court findings with automatic administrative consequences: The mandatory cancellation and historic precedence loss following a civil penalty determination (s 29) link judicial enforcement to immediate operational consequences, potentially triggering rapid route and capacity adjustments for affected operators.

Transparency and audit

Audit powers: The Secretary may commission independent audits of allocation and use at any time (s 36). Declared exemptions and remedial outcomes must be notified to the Department, creating audit trails (s 42(4); s 32(8) requires reasons and dates in compliance notices where suspension or cancellation is used).

The Scheme is designed to operate within an existing regulatory ecosystem and explicitly cross‑references other statutory instruments and international guidelines.

Connection to the Act and Ministerial directional power

Made under s 34(1) of the Sydney Airport Demand Management Act 1997: The Slot Manager’s powers and the Scheme’s enforcement mechanisms are exercised within the Act’s framework (s 3). The Scheme repeatedly notes that the Minister may direct the Slot Manager under section 46 of the Act to exercise powers subject to limitations specified in the direction and that those directions need not be consistent with the Scheme (noted at ss 22 and 23). This preserves ministerial intervention power to modify allocation practice or priorities.

Curfew and movement limits

The Scheme excludes allocations that would cause the maximum movement limit to be exceeded during a regulated hour (s 21(2)(a)); the maximum movement limit is set by paragraph 6(1)(a) of the Act. The Slot Manager must also ensure allocations comply with the Sydney Airport Curfew Act 1995 with respect to movements before or after curfew periods (s 21(2)(b)). These constraints can supersede allocation priorities in the Scheme itself.

Airport law and Airports Act 1996

The airport operator is the airport‑lessee company under the Airports Act 1996 (s 5 definitions and cross‑reference). The airport operator’s operational inputs via the capacity declaration are central to allocation decisions (s 21(3)-(5)). The Scheme also contemplates authorising the airport operator to exercise Slot Manager powers (s 43).

Worldwide Airport Slot Guidelines

The Scheme ties itself to the Worldwide Airport Slot Guidelines published by Airports Council International, IATA and the Worldwide Airport Coordinators Group. The historics baseline date, initial submission deadlines, SAL and SHL deadlines and other timing elements must be consistent with the Guidelines (s 7(2)). Monitoring measures must be consistent with Part 9 of those Guidelines (s 31(3)). The Scheme therefore imports an external international standard as a procedural constraint.

Transport safety, aviation security and airworthiness laws

Declared exemptions list includes occurrences defined in the Transport Safety Investigation Act 2003 (transport safety matter, s 40(3)(g)), and unlawful interference within the meaning of the Aviation Transport Security Act 2004 (s 40(3)(h)). Airworthiness directives form one permitted exemption ground (s 40(3)(a)). These references ensure the Scheme’s operational relief mechanisms align with parallel safety and security statutes.

Court and civil penalty law

The Scheme’s references to Division 4 of Part 3 of the Act incorporate the Act’s civil penalty regime as the enforcement substrate. A court determination under those provisions triggers automatic administrative consequences under the Scheme (s 29). The Scheme also preserves the Slot Manager’s ability to take remedial action administratively without waiting for court processes, subject to show cause (s 32(3)-(7)). The Scheme does not reproduce the civil penalty provisions themselves.

Other instruments and previous schemes

Repeal of the 2013 Scheme: Schedule 1 repeals the Sydney Airport Slot Management Scheme 2013, and transitional provisions convert allocations and pending applications into the new Scheme’s regime (Part 6, s 45). In some cases the new definitions alter protected series status where timings fall outside the newly defined peak windows (s 45(4)).

Interplay risks and discretional overlaps

Ministerial directions (s 46 of the Act) can be inconsistent with the Scheme. The Slot Manager must balance the Scheme’s allocation aims (s 22) with operational advice (s 21(3)) and statutory limits (curfew, movement caps). The Scheme authorises delegation to operational bodies (Airservices, airport operator) which may blur operational decision lines if authorisations are broad (s 43). The Secretary’s reconsideration power (Part 3) re‑centralises a review pathway into the Department but leaves final operational implementation in the Slot Manager’s hands since the Secretary’s decision is taken to be a Slot Manager decision (s 38(10)).

This instrument is presented as a standalone instrument and records its commencement mechanics and relationship to earlier instruments and the Act.

Commencement and source authority: The Scheme is made under subsection 34(1) of the Sydney Airport Demand Management Act 1997 (s 3). Commencement is timed to occur at the same time as Schedule 1 to the Sydney Airport Demand Management Amendment Act 2024 commences, with a specific commencement date recorded of 26 October 2025 in the instrument’s commencement table (cl 2).
Repeal of prior Scheme: The Sydney Airport Slot Management Scheme 2013 is repealed in full by Schedule 1 of this instrument (Schedule 1). The transitional Part 6 addresses conversion mechanics so that slots allocated under the 2013 Scheme are taken to have been allocated under this Scheme where the gate movement occurs on or after the commencement day (s 45(1)), and pending applications under the 2013 Scheme are treated as if made under the new Scheme (s 45(2)).
Transitional modifications and specific temporary relief: The instrument contains detailed transitional provisions targeted at the 2025 Australian holiday period and the 2025 northern winter scheduling season. These provisions treat gate movements during the 2025 holiday period as operated for the purposes of calculating usage percentages in certain circumstances, provided certain returns and prior year returns occurred by specified dates (s 46). There is a separate transitional rule that operators who returned holiday period slots before 31 August 2025 and meet certain usage criteria do not have historic precedence to those returned holiday period slots (s 47). The transitional Part also defines temporal terms to tie to the 2013 Scheme and specific scheduling seasons (s 44).
Time‑sensitive changes to slot series definition: The definition of slot series contains a phase‑in for northern summers, changing the week requirement from 5 consecutive weeks to 7 consecutive weeks for northern summers starting on or after 1 January 2027 (s 5 definitions, slot series). This is a scheduled substantive change to how series are classified beyond 2027.
Reliance on external Guidelines: The Scheme’s substantive mechanics repeatedly reference the Worldwide Airport Slot Guidelines as in force at commencement (s 5 definitions). Any later amendments to those Guidelines after commencement are not automatically adopted unless the text says otherwise; the instrument references the Guidelines “as in force at the commencement of this instrument” for the definition of historics baseline date and other terms (s 5 definitions).
Ministerial direction note: The Scheme records the ongoing possibility of ministerial direction under s 46 of the Act to vary, suspend or cancel allocations and to issue directions not necessarily consistent with the Scheme (noted in s 22 and s 23), thereby preserving executive changeability beyond instrument amendment.

There is no list in the instrument of prior amendments to this specific instrument because it is made to replace the 2013 instrument; future amendments would follow the Act’s instrument‑making and commencement rules and would be recorded in subsequent versions.

The instrument text does not itself include or cite any judicial decisions. It does, however, incorporate litigation as an enforcement trigger by reference to the Act’s civil penalty regime.

Court determinations and automatic administrative consequences: The Scheme provides for a strictly defined consequence where a court determines that an operator has contravened a civil penalty provision in Division 4 of Part 3 of the Act in relation to a slot. In that case the Slot Manager must cancel the contravened slot and the operator loses historic precedence to the same kind of slot for the remainder of that scheduling season and the next equivalent scheduling season (s 29(1)(a)-(b)). The instrument thus treats court findings as importing immediate administrative penalties.
Reconsideration mechanism and finality: Reconsideration decisions under the Scheme (declarations under ss 10(2)(b) and 11(2)(b)) can be reviewed by the Secretary under Part 3 (s 38). The Secretary’s decision is taken to be a Slot Manager decision (s 38(10)), which may affect the litigation posture of affected operators. The Scheme does not set out judicial review rights, but administrative decisions are typically subject to judicial review under general administrative law principles; the instrument constrains internal review to the Secretary within 28 days (s 38(9)).
Absence of case law: The instrument does not name or rely on any specific cases, and it contains no recorded litigation history. It embeds litigation as a possible enforcement route but does not reproduce court procedure or past judicial interpretations.
Evidence of enforcement predisposition: The Scheme gives the Slot Manager administrative remedies (warnings, performance plans, suspension, cancellation) to address non‑compliance without immediate court action (s 32). That suggests an administrative first response with court action used for civil penalty enforcement. The Scheme does not state thresholds for referring matters for prosecution or civil penalty proceedings; it only records the effect of a court determination if one is made (s 29).

Because the instrument contains no reported case law, practitioners should treat s 29 as the statutory consequence mapping of court determinations into slot cancellation and historic precedence loss, and should rely on the Act’s civil penalty provisions and administrative law principles when assessing litigation exposure. Any judicial interpretation of the Scheme’s provisions will therefore come from future litigation, decisions under the Act, or administrative review outcomes.

The Scheme contains numerous technical provisions and time windows that create operational risks and traps for operators and the Slot Manager alike. The following are concrete points that warrant attention.

Historic precedence is conditional and fragile

Historic precedence is not automatic for repeated presence; it depends on passing both the use it or lose it test and the conditions test in the prior season (s 12(1)). A court determination of a civil penalty contravention causes mandatory loss of historic precedence for the season and the next equivalent season (s 29(1)(b)). Operators may therefore find prized scheduling rights vulnerable to relatively small infractions that escalate to litigation.

80 per cent threshold and what counts in the denominator

Both the use and conditions tests use an 80 per cent threshold (ss 10(2)(a); 11(2)(a)), but the Scheme specifies detailed counting rules that alter the effective denominator. For example, slots returned on or before the historics baseline date and slots subject to a one‑day swap are treated as if they had not been allocated, reducing the denominator (ss 10(8)(a)(i), 11(8)(a)(ii)). Conversely, slots returned after the historics baseline date and slots obtained by swaps lasting 2 or more days are treated as allocated (ss 10(8)(b), 11(8)(b)). These rules can produce non‑intuitive outcomes around partial returns and swaps, particularly around the historics baseline date.

Deadlines and timing sensitivity

The Slot Manager must publish key dates no later than 30 days before them and the airport operator must provide a capacity declaration no later than 7 days before the initial submission deadline (ss 7(2); 21(4)(b)). Offers must be accepted within 3 business days or be withdrawn (s 21(6)). These compressed timelines can create coordination and operational stress if dates are delayed or if operators are overseas and miss acceptance windows.

Slot swaps and unapproved conduct

Swapping slots without prior written approval risks contravening civil penalty provisions; the swap has no effect unless approved in writing by the Slot Manager and approved before it occurs (s 25(3)). Operators who proceed to use swapped slots without approved swaps expose themselves to enforcement risk.

Protected regional service status nuances

Protected regional service slot series are preserved for peak regional services, but they can be lost permanently if the equivalent slots are used for non‑regional services in each of the previous two equivalent seasons and the operator complied with both tests (s 9(4)). Also, re‑timing can preserve protected status only if the new time remains on the same day and within the same peak (s 19(4)-(5)). Operators using protected series for non‑regional services risk eroding their protected status over time.

Declared exemption timing and evidentiary duty

Operators must request declared exemptions within 7 days of the missed or non‑complying gate movement (s 41(2)(c)). The list of permitted circumstances is explicit (s 40(3)(a)-(h)); operators should not expect broad or discretionary relief. Gate movements covered by declared exemptions are disregarded for use and conditions tests (ss 10(7), 11(7)), but failure to request in time or to provide required evidence may result in the movement being counted against the operator.

Reconsideration procedural trap

Requests for reconsideration must be lodged with the Secretary within 7 days after the operator first received notice of the reconsideration decision and must include the show cause notice and any submissions made to the Slot Manager (s 38(2)). Missing the 7 day window or failing to include the material used to contest the Slot Manager’s proposal can forfeit internal review rights.

Ministerial directions may override the Scheme

The Minister’s s 46 power under the Act to direct the Slot Manager to issue slots subject to limitations that need not be consistent with the Scheme is flagged in notes to ss 22 and 23. This creates potential for exogenous policy intervention which may alter allocation outcomes irrespective of the Scheme’s stated aims.

Delegation and authorisation risks

The Slot Manager can authorise the airport operator, Airservices Australia, or other air traffic control bodies to exercise Slot Manager powers (s 43). If those authorisations are broad, operators may face inconsistent decisions or differing operational interpretations depending on the authorised person. The Slot Manager must keep authorisation records and deliver copies to the Secretary, but operators dealing day to day may face operational unpredictability if authorisations are frequent or wide.

Transitional holiday period quirks

The Scheme’s transitional rules for the 2025 Australian holiday period (ss 46-47) can create odd outcomes where an operator who returned holiday slots by specified dates loses historic precedence to those returned holiday slots even while being given a counting benefit under s 46 to meet usage percentages. Practitioners must map returned slots and equivalent prior year returns carefully.

Publication, guidance and forms

The Slot Manager must publish forms and guidance (s 15(5)), but delays or paucity of guidance can create compliance risk for operators obliged to file in an approved form. The Scheme gives the Slot Manager discretion over approved forms and information required, which may be iteratively developed after commencement.

Practical, concrete steps for operators, airport operator and the Slot Manager to reduce compliance risk and retain or obtain slots.

For operators of aircraft

Ensure timely and complete applications: Use the Slot Manager’s approved forms and include all required details for each gate movement: airline code or aircraft registration, flight number, proposed times, arrival/departure airport, aircraft type and seat numbers, and whether the operator proposes to be a new entrant (s 15(2)-(3)). Track the Slot Manager website for published guidance and forms (s 15(5)).
Monitor publication deadlines and accept offers promptly: Monitor the Slot Manager’s published historics baseline, initial submission, SAL, SHL and series return deadlines (s 7). Accept offers within 3 business days to avoid automatic withdrawal (s 21(6)). Ensure nominated points of contact can receive and act on notices within tight windows.
Preserve historic precedence through operations and documentation: To retain historic precedence, plan operations to meet the 80 per cent use it or lose it test and comply with any imposed slot conditions at least 80 per cent of the time (ss 10-11, 12). Keep records of operated gate movements, and preservation measures for aircraft type/size requirements (s 23). Where an operator intends to deviate due to permitted circumstances, document and submit declared exemption requests within 7 days (s 41(2)) and retain supporting evidence for audits.
Manage slot returns strategically: Return slots early if you do not intend to operate them, and be aware of different effects of returns before or after the historics baseline date for usage calculations (ss 10(8), 11(8); s 28). For holiday‑period slots the transitional provisions impose specific date‑linked consequences (ss 46-47).
Seek Slot Manager agreement for swaps and variations: Apply in writing to the Slot Manager for slot swaps and ensure approval is obtained before acting (s 25). For varying slot times or conditions, ensure written agreement from the Slot Manager is recorded and obtain the Slot Manager’s written notice of variation (ss 26-27).
Prepare for show cause and reconsideration: If you receive a show cause notice under ss 10, 11 or 32, respond within the reasonable period specified, and keep contemporaneous operational records to support submissions. If a reconsideration decision is made against you, request Secretary review within 7 days and include the show cause notice and submissions as required (s 38).

For the airport operator

Prepare and deliver robust capacity declarations: Prepare the written capacity declaration setting out infrastructure and operational limits relevant to allocations and give it to the Slot Manager no later than 7 days before the initial submission deadline (s 21(4)). Consider publishing it to reduce later dispute over operational constraints (s 21(5)).
Coordinate operational advice with Slot Manager and Airservices: Provide timely, evidence‑based advice on operational efficiency and capacity issues when consulted by the Slot Manager. Record any assistance provided, and be ready to be authorised to perform Slot Manager functions if asked; ensure authorisations are documented (s 43).

For the Slot Manager

Publish dates, guidance and forms early and clearly: Meet the requirement to publish key dates at least 30 days in advance and make application forms and guidance readily accessible (s 7(2); s 15(5)). Clear guidance reduces disputes over application content and timing.
Use the capacity declaration and operational advice consistently: Before offering slots have regard to air traffic control and the capacity declaration as required (s 21(3)). Where offers would be inconsistent with s 21 constraints, consult operators and offer alternatives (s 17(3)).
Apply the counting rules transparently: When assessing the 80 per cent tests, apply the rules for which slots count as allocated or not allocated and document the calculation basis (ss 10(8), 11(8)). Explain treatment of swaps, returns and declared exemptions in the show cause notices to avoid procedural challenge.
Follow natural justice carefully: Provide show cause notices with reasons, allow a reasonable period for submissions, take submissions into account, and set out in compliance notices the reasons and effective dates if suspension or cancellation is chosen (ss 10(3)-(6), 11(3)-(6), 32(4)-(8)). Keep records of notifications to operators and the Department (s 42).
Manage authorisations and records: When authorising Airservices, the airport operator or others to exercise functions, ensure authorisations are in writing, precise about powers and period, recorded for 7 years and copies promptly provided to the Secretary (s 43).
Use performance plans before suspension or cancellation where feasible: The Scheme allows performance plans as remedial action (s 32(2)(d)) and suspension to be lifted if required action is completed before the end of suspension (s 33(a)). Use these tools to preserve capacity where operators are willing to remedy non‑compliance.

General compliance practices

Keep contemporaneous operational logs: For all parties, maintain clear records of scheduled and actually operated gate movements, aircraft types and passenger/freight carried, declared exemption requests and outcomes, swaps and any approvals, and communications with the Slot Manager. These records will be critical for usage calculations, show cause submissions, audits (s 36) and any court challenges tied to civil penalty provisions.
Align procedures with Worldwide Airport Slot Guidelines: Ensure monitoring measures and the Slot Manager’s coordination procedures are consistent with Part 9 of the Worldwide Guidelines (s 31(3)). Use the Guidelines as a technical reference for timing and initial coordination steps and for industry expectations.
Plan for contingency and safety events: Understand the specified grounds for declared exemptions (s 40(3)), prepare evidence and processes to make timely requests (s 41), and incorporate these contingencies into operational planning to avoid slipping below the 80 per cent thresholds.
Factor in ministerial direction and policy shifts: Be alert to potential Ministerial directions under s 46 of the Act; although rare, these can change allocation outcomes and may require operational or commercial adjustments by operators and the Slot Manager.

Taking these concrete steps will reduce procedural risk, preserve operational rights such as historic precedence, and position parties to respond effectively to monitoring, show cause, audit and reconsideration processes established by the Scheme.

Sydney Airport Slot Management Scheme 2025

Plain English Summary

Deep Dive

What it does

Current sections