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AIRPORT ASSETS (RESTRUCTURING AND DISPOSAL) BILL 2008

          Queensland



Airport Assets (Restructuring
and Disposal) Bill 2008

 


 

 

Queensland Airport Assets (Restructuring and Disposal) Bill 2008 Contents Page Chapter 1 Preliminary Part 1 Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 Main purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 2 Interpretation 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 The project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 Airport entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 Airport land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 Cairns airport land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9 Mackay airport land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 References to functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Chapter 2 Restructure and disposal of airport entities and related matters Part 1 Particular Ministerial powers and activities relating to the project 11 Associated activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 12 Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 13 Limitation on power to second employees of an airport entity . . . 18 14 Project direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Part 2 Application of other laws and instruments 15 Chapter applies despite other laws and instruments . . . . . . . . . . 20 16 Excluded matter for Corporations Act . . . . . . . . . . . . . . . . . . . . . 20 17 Non-liability for duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 18 Non-application of Property Law Act 1974, s 121 . . . . . . . . . . . . 21

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Contents 19 Disposal of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 20 Decisions not reviewable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Part 3 Miscellaneous 21 Time within which Minister may act . . . . . . . . . . . . . . . . . . . . . . . 22 22 Registering authority to note transfer or other dealing . . . . . . . . . 22 23 Confidentiality agreement with prospective purchasers . . . . . . . . 23 24 Disclosure and use of information for the project . . . . . . . . . . . . . 23 25 Effect on legal relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 26 Things done under this chapter . . . . . . . . . . . . . . . . . . . . . . . . . . 26 27 Preservation of rights of seconded employees. . . . . . . . . . . . . . . 26 28 Preservation of rights of transferred employees . . . . . . . . . . . . . . 27 29 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land Division 1 Preliminary 30 Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 2 Airport lessee's first land use plan 31 Notice of first land use plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 32 Status of first land use plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 3 Initial requirement to make new plan or amend first land use plan 33 Requirement to replace or amend first land use plan. . . . . . . . . . 31 Division 4 Land use plans--generally 34 Requirement to prepare land use plan . . . . . . . . . . . . . . . . . . . . . 31 35 Content of land use plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 36 Statement of proposal for preparation of land use plan or amendment of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 37 Draft plan for preparation or amendment of land use plan . . . . . . 34 38 Consultation on statement of proposal or draft plan. . . . . . . . . . . 35 39 Consideration of draft plan and local government submissions . . 36 40 Directions for amendment of draft plan . . . . . . . . . . . . . . . . . . . . 36 41 Approval of land use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 42 Airport lessee to publish approved plan . . . . . . . . . . . . . . . . . . . . 37 Division 5 Local government charges for infrastructure 43 Charges for particular infrastructure. . . . . . . . . . . . . . . . . . . . . . . 37 Page 2

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Contents Division 6 Other matters 44 Notification about airport land and land use plans on planning schemes ......................................... 38 45 Effect of land ceasing to be airport land . . . . . . . . . . . . . . . . . . . . 38 46 Ministerial direction to airport lessee . . . . . . . . . . . . . . . . . . . . . . 39 Part 2 Relationship with Planning Act and particular matters about development on airport land Division 1 Preliminary 47 Application of Planning Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 2 Particular provisions about development on airport land 48 Airport land not subject to planning schemes . . . . . . . . . . . . . . . 40 49 Development under land use plan . . . . . . . . . . . . . . . . . . . . . . . . 41 50 Local government is advice agency for particular development . . 42 51 Restriction on conditions of development approvals . . . . . . . . . . 42 52 Particular provisions of Planning Act do not apply in relation to airport land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 53 Modified application of Planning Act, ch 5, pt 7, div 3 . . . . . . . . . 43 54 Development on local heritage place not assessable development ................................... 44 55 Restriction on designation for community infrastructure. . . . . . . . 44 56 Restriction on application of master plan . . . . . . . . . . . . . . . . . . . 45 Division 3 Notice of development approval 57 Requirement to give notice of development approval and infrastructure agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 4 Protection of existing uses and rights 58 Land use plan or amendment of plan does not affect existing development approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 59 Planning scheme can not affect existing development approval . 46 Division 5 Other matters 60 Delegation of particular functions of planning chief executive . . . 47 61 Minor amendment of planning schemes . . . . . . . . . . . . . . . . . . . 47 Chapter 4 Control of activities at airports Part 1 Airport notices 62 Airport lessor may control activities by airport notice . . . . . . . . . . 48 63 Display or publication of airport notices . . . . . . . . . . . . . . . . . . . . 48 64 Airport notice may refer to documents held by airport lessor. . . . 49 65 Airport notices generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 66 Notices at entrances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Page 3

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Contents 67 Offence of not complying with an airport notice . . . . . . . . . . . . . . 51 Part 2 Authorised officers 68 Appointment and qualifications of authorised officers . . . . . . . . . 51 69 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 51 70 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 71 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 52 72 When authorised officer ceases to hold office . . . . . . . . . . . . . . . 53 73 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Part 3 Directions 74 Authorised officer may give directions . . . . . . . . . . . . . . . . . . . . . 53 75 If a person does not comply with a direction . . . . . . . . . . . . . . . . 54 76 Offence of not complying with a direction. . . . . . . . . . . . . . . . . . . 55 Part 4 Moving contravening property 77 Moving contravening property . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Part 5 Other powers and offences 78 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 57 79 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 80 Inspection of aircraft, vehicles and goods . . . . . . . . . . . . . . . . . . 59 81 Obstructing authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 82 False or misleading statement . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 83 False or misleading document . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 84 Impersonating an authorised officer . . . . . . . . . . . . . . . . . . . . . . . 60 85 Conduct causing public nuisance . . . . . . . . . . . . . . . . . . . . . . . . . 61 86 Interfering with airport notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Part 6 Disposal of abandoned property 87 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 88 Reasonable steps must be taken to find owner . . . . . . . . . . . . . . 62 89 A person may claim property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 90 If property not claimed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 91 Sale of perishable property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 92 Proceeds from the sale of abandoned property . . . . . . . . . . . . . . 63 93 Abandoned property of no value . . . . . . . . . . . . . . . . . . . . . . . . . 64 Part 7 General 94 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 95 Appointment of airport manager. . . . . . . . . . . . . . . . . . . . . . . . . . 65 96 Liability for acts of authorised officers, and related matters . . . . . 65 Page 4

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Contents Chapter 5 Local government matters and land tax 97 Application of particular local laws to airport land . . . . . . . . . . . . 66 98 Delayed application of new local laws to airport land . . . . . . . . . . 66 99 Owner of land for rating or land tax purposes . . . . . . . . . . . . . . . 67 Chapter 6 Other matters Part 1 Miscellaneous 100 Declaration of airport lessors and lessees . . . . . . . . . . . . . . . . . . 67 101 Airport lessor may substitute for airport lessee . . . . . . . . . . . . . . 68 102 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 103 Conduct of company directors, employees or agents. . . . . . . . . . 68 104 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 105 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 106 Penalties payable to consolidated fund . . . . . . . . . . . . . . . . . . . . 70 107 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Part 2 Transitional provisions 108 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 109 Airport notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 110 Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 111 Abandoned property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 112 Proceeds from the sale of abandoned property . . . . . . . . . . . . . . 72 113 Amendment of regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 114 Particular development applications. . . . . . . . . . . . . . . . . . . . . . . 73 Chapter 7 Amendment of other legislation Part 1 Amendment of Energy Assets (Restructuring and Disposal) Act 2006 115 Act amended in pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 116 Amendment of s 52 (Time within which Minister may act) . . . . . . 76 Part 2 Amendment of Integrated Planning Act 1997 117 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 118 Amendment of s 4.1.21 (Court may make declarations) . . . . . . . 76 119 Amendment of sch 8 (Assessable development and self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 120 Amendment of sch 8A (Assessment manager for development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 121 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 77 Part 3 Amendment of Integrated Planning Regulation 1998 122 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Page 5

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Contents 123 Amendment of sch 1 (Type of assessment and applicable codes, laws and policies for particular development) . . . . . . . . . . 79 124 Amendment of sch 2 (Referral agencies and their jurisdictions) . 79 Part 4 Amendment of Land Tax Act 1915 125 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 126 Amendment of s 13 (Land exempted from land tax) . . . . . . . . . . 80 Part 5 Amendment of Local Government Act 1993 127 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 128 Amendment of s 957 (What land is rateable) . . . . . . . . . . . . . . . . 81 Part 6 Amendment of State Penalties Enforcement Regulation 2000 129 Regulation amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 130 Amendment of sch 3 (Transport legislation) . . . . . . . . . . . . . . . . . 82 131 Amendment of sch 5 (Other legislation) . . . . . . . . . . . . . . . . . . . . 82 Part 7 Amendment of Transport Infrastructure 1994 Division 1 Preliminary 132 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Division 2 Amendment commencing on assent 133 Insertion of new ch 8, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Part 1A Transitional provisions for airport restructuring and disposal 267AB Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 267AC Non-application to an airport . . . . . . . . . . . . . . . . . . . 84 267AD Expiry of pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Division 3 Amendments commencing on proclamation 134 Amendment of s 267 (Definitions for chapter) . . . . . . . . . . . . . . . 85 135 Amendment of s 267A (Meaning of port facilities) . . . . . . . . . . . . 86 136 Amendment of s 276 (Port services function) . . . . . . . . . . . . . . . 86 137 Amendment of s 279 (Port authority may impose a charge) . . . . 86 138 Omission of s 281 (Liability for a charge in relation to an aircraft) 86 139 Amendment of s 281A (Liability for a charge in relation to goods) ...................................... 86 140 Replacement of s 281B (Liability for a charge in relation to passengers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 281B Liability for a charge in relation to passengers . . . . . . 87 141 Amendment of s 281D (Liability for movement of ships, aircraft, vehicles, goods or rolling stock) . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Page 6

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Contents 142 Amendment of s 281E (Liability for damage to port authority's port facilities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 143 Amendment of s 282 (Port authority may control activities by port notice) ....................................... 88 144 Omission of s 282B (Port notice--aircraft parking) . . . . . . . . . . . 88 145 Amendment of s 282C (Port notice--movement, handling or storage of goods) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 146 Amendment of s 282H (Port notice may refer to documents held by port authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 147 Amendment of s 282J (Offence of not complying with a port notice) ......................................... 88 148 Amendment of s 282Q (Authorised officer may give directions). . 89 149 Amendment of s 282S (Offence of not complying with a direction) ...................................... 89 150 Amendment of s 282T (Moving contravening property) . . . . . . . . 89 151 Amendment of s 283B (Inspection of ships, aircraft, vehicles, rolling stock and goods) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 152 Amendment of s 285 (Land use plans) . . . . . . . . . . . . . . . . . . . . 90 153 Amendment of s 289H (Definitions for pt 4B) . . . . . . . . . . . . . . . . 90 154 Amendment of s 291 (Carrying on port activities outside port limits) .......................................... 90 155 Amendment of s 292 (Offences). . . . . . . . . . . . . . . . . . . . . . . . . . 91 156 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 91 Schedule 1 Airport land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Schedule 2 Core airport infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Page 7

 


 

 

2008 A Bill for An Act to facilitate disposal of particular airport businesses, including by facilitating the restructure or disposal of airport entities, and to make provision about land use planning for, and control of, particular airports after the disposal

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 1 Preliminary Part 1 Introduction [s 1] The Parliament of Queensland enacts-- 1 Chapter 1 Preliminary 2 Part 1 Introduction 3 1 Short title 4 This Act may be cited as the Airport Assets (Restructuring 5 and Disposal) Act 2008. 6 2 Commencement 7 The following provisions commence on a day to be fixed by 8 proclamation-- 9 (a) section 130; 10 (b) chapter 7, part 7, division 3. 11 3 Main purposes of Act 12 (1) The main purposes of this Act are-- 13 (a) to facilitate the carrying out of a project relating to the 14 disposal of interests in airports at Cairns, Mackay and 15 Brisbane; and 16 (b) to establish a planning regime for airport land at Cairns 17 and Mackay; and 18 (c) to provide for particular matters about the continuing 19 operation of airports at Cairns and Mackay. 20 (2) It is the intention of the Parliament that the funds realised 21 from the divestment of airport assets under this Act be applied 22 towards health and other regional infrastructure and that any 23 Page 10

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 1 Preliminary Part 2 Interpretation [s 4] surplus be retained in the Queensland future growth fund for 1 investment in future regional infrastructure. 2 Part 2 Interpretation 3 4 Dictionary 4 The dictionary in schedule 3 defines particular words used in 5 this Act. 6 5 The project 7 The project is-- 8 (a) disposing of particular airport businesses, assets and 9 liabilities of Cairns Ports and Mackay Ports; and 10 (b) taking steps to facilitate the disposal mentioned in 11 paragraph (a), including by-- 12 (i) restructuring businesses, assets and liabilities of 13 Cairns Ports and Mackay Ports, their subsidiaries 14 and other airport entities; and 15 (ii) disposing of airport entities: and 16 (c) disposing of shares in BAC Holdings held by Gateway; 17 and 18 (d) taking other steps relating to the disposal of Gateway's 19 interest in BAC Holdings, including-- 20 (i) restructuring Gateway and its assets for the 21 purpose of the disposal; and 22 (ii) facilitating agreement about the terms of a 23 shareholders deed of covenant and facilitating 24 execution of the deed; and 25 Page 11

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 1 Preliminary Part 2 Interpretation [s 6] (e) disposing of shares in Gateway held by POBC, and 1 taking steps to facilitate that disposal. 2 6 Airport entities 3 Each of the following is an airport entity-- 4 (a) Cairns Ports; 5 (b) Mackay Ports; 6 (c) POBC; 7 (d) Gateway; 8 (e) QIC; 9 (f) QIC Infrastructure Management as trustee for QIC 10 Brisbane Airport Infrastructure Trust; 11 (g) QTH; 12 (h) a company of which Cairns Ports, Mackay Ports, POBC 13 or QIC is the ultimate holding company; 14 (i) a government company established for the project; 15 (j) a company that was an airport entity under paragraph 16 (h), all of whose shares have been transferred to the 17 State, to QTH or to a government company mentioned 18 in paragraph (i). 19 7 Airport land 20 Airport land is land that is Cairns airport land or Mackay 21 airport land. 22 8 Cairns airport land 23 (1) The following land is Cairns airport land-- 24 (a) land that, on the completion day for Cairns International 25 Airport, has a property description mentioned in 26 schedule 1, part 1; 27 Page 12

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 1 Preliminary Part 2 Interpretation [s 9] (b) land prescribed to be Cairns airport land under a 1 regulation for this section. 2 (2) However, land is not Cairns airport land if it is prescribed 3 under a regulation for this section not to be Cairns airport 4 land. 5 (3) The Minister must not recommend to the Governor in Council 6 the making of a regulation under subsection (1)(b) unless the 7 Minister is satisfied the land is or will be used in connection 8 with Cairns International Airport. 9 (4) Subject to subsection (2), land mentioned in subsection (1)(a) 10 continues to be Cairns airport land even if, after the 11 completion day, it has a different property description. 12 (5) To remove any doubt, it is declared that there is no Cairns 13 airport land until the completion day for Cairns International 14 Airport. 15 9 Mackay airport land 16 (1) The following land is Mackay airport land-- 17 (a) land that, on the completion day for Mackay Airport, 18 has a property description mentioned in schedule 1, part 19 2; 20 (b) land prescribed to be Mackay airport land under a 21 regulation for this section. 22 (2) However, land is not Mackay airport land if it is prescribed 23 under a regulation for this section not to be Mackay airport 24 land. 25 (3) The Minister must not recommend to the Governor in Council 26 the making of a regulation under subsection (1)(b) unless the 27 Minister is satisfied the land is or will be used in connection 28 with Mackay Airport. 29 (4) Subject to subsection (2), land mentioned in subsection (1)(a) 30 continues to be Mackay airport land even if, after the 31 completion day, it has a different property description. 32 Page 13

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 1 Particular Ministerial powers and activities relating to the project [s 10] (5) To remove any doubt, it is declared that there is no Mackay 1 airport land until the completion day for Mackay Airport. 2 10 References to functions 3 In this Act-- 4 (a) a reference to a function includes a power; and 5 (b) a reference to performing a function includes exercising 6 a power. 7 Chapter 2 Restructure and disposal of 8 airport entities and related 9 matters 10 Part 1 Particular Ministerial powers 11 and activities relating to the 12 project 13 11 Associated activities 14 For the purpose of the project, the Minister may do any of the 15 following-- 16 (a) examine a business, asset or liability of an airport entity, 17 including a record relating to a business, asset or 18 liability; 19 (b) decide the most appropriate way of restructuring a 20 business, asset or liability of an airport entity, including 21 by deciding whether or not a business, asset or liability 22 of an airport entity is to be transferred to another airport 23 entity; 24 Page 14

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 1 Particular Ministerial powers and activities relating to the project [s 12] (c) decide the most appropriate way of disposing of an 1 airport entity or of a business, asset or liability of an 2 airport entity; 3 (d) anything else necessary or incidental to facilitate the 4 disposal of an airport entity or of a business, asset or 5 liability of an airport entity or the continuing operation 6 of an airport entity. 7 12 Transfer notice 8 (1) For the purpose of the project, the Minister may, by gazette 9 notice (a transfer notice), do any of the following-- 10 (a) transfer shares in an airport entity to another airport 11 entity or the State; 12 (b) transfer a business, asset or liability of an airport entity 13 to another airport entity or the State; 14 (c) make provision about the consideration for shares or a 15 business, asset or liability transferred under paragraph 16 (a) or (b); 17 (d) grant a lease, easement or other right to an airport entity; 18 (e) vary or extinguish a lease, easement or other right held 19 by an airport entity; 20 (f) in relation to a lease held under the Land Act 1994-- 21 (i) transfer the lease; or 22 (ii) change a purpose for which the lease is issued; or 23 (iii) change a condition imposed on the lease; or 24 (iv) grant a sublease; 25 (g) in relation to a reserve under the Land Act 1994-- 26 (i) change a community purpose for which the reserve 27 is dedicated; or 28 (ii) remove a trustee of the reserve; or 29 Page 15

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 1 Particular Ministerial powers and activities relating to the project [s 12] (iii) appoint a trustee of the reserve, subject to 1 conditions or without conditions; 2 (h) provide whether and, if so, the extent to which an airport 3 entity is the successor in law of another airport entity or 4 the State is the successor in law of an airport entity; 5 (i) make provision for a legal proceeding that is being, or 6 may be, taken by or against an airport entity to be 7 continued or taken by or against another airport entity or 8 the State; 9 (j) make provision about the application of instruments to 10 an airport entity, including-- 11 (i) whether an airport entity is a party to an 12 instrument; and 13 (ii) whether an instrument, or a benefit or right 14 provided by an instrument, is taken to have been 15 given to, by or in favour of an airport entity; and 16 (iii) whether a reference to an entity in an instrument is 17 a reference to an airport entity; and 18 (iv) whether, under an instrument, an amount is or may 19 become payable to or by an airport entity or other 20 property is, or may be, transferred to or by an 21 airport entity; and 22 (v) whether a right or entitlement under an instrument 23 is held by an airport entity; 24 (k) provide that-- 25 (i) an instrument is a shareholders deed of covenant; 26 and 27 (ii) a party to the BACH shareholders agreement or a 28 holder of shares in BAC Holdings is a party to the 29 instrument; 30 (l) make provision for the transfer or secondment of an 31 employee of an airport entity to another airport entity; 32 Page 16

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 1 Particular Ministerial powers and activities relating to the project [s 12] (m) make provision about the employees of an airport entity 1 and their rights; 2 (n) make provision about the records of an airport entity; 3 (o) make provision about an incidental, consequential or 4 supplemental matter the Minister considers necessary or 5 convenient for effectively carrying out the project. 6 (2) A transfer notice may include conditions applying to 7 something done or to be done under the notice. 8 (3) If the Minister is satisfied it would be inappropriate for a 9 particular matter to be stated in a transfer notice (for example, 10 because of the size or nature of the matter), the Minister may 11 provide for the matter by including a reference in the transfer 12 notice to another document that is-- 13 (a) signed by the Minister; and 14 (b) kept available, at a place stated in the transfer notice, for 15 inspection by the persons to whom the matter relates. 16 (4) The transfer of a liability of an airport entity under a transfer 17 notice discharges the entity from the liability, except to the 18 extent stated in the notice. 19 (5) A transfer notice has effect despite any other law or 20 instrument. 21 Example-- 22 A transfer notice removing a trustee of a reserve under the Land Act 23 1994 has effect despite the requirements that would otherwise apply to 24 the removal if it were done by the land Minister under section 51(1) of 25 that Act. 26 (6) A transfer notice has effect on the day it is published in the 27 gazette or a later day stated in it. 28 (7) If a transfer notice makes provision for a matter under 29 subsection (1)(j) in relation to an instrument, the responsible 30 entity for the instrument must take the action necessary to 31 register or record the effect of the transfer notice, including-- 32 (a) updating a register or other record; and 33 Page 17

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 1 Particular Ministerial powers and activities relating to the project [s 13] (b) amending, cancelling or issuing an instrument. 1 (8) In this section-- 2 authority includes accreditation, allocation, approval, 3 certificate, entitlement, exemption, licence, manual, notice, 4 permit and plan. 5 employee, of an airport entity, does not include a director of 6 the entity. 7 instrument includes an application or authority under an Act. 8 land Minister means the Minister administering the Land Act 9 1994. 10 lease includes sublease. 11 responsible entity, for an instrument, means the entity 12 required or authorised by law to register or record matters in 13 relation to the instrument. 14 13 Limitation on power to second employees of an airport 15 entity 16 (1) The secondment of an employee under a transfer notice must 17 not, without the employee's consent, involve-- 18 (a) a reduction in the employee's status; or 19 (b) any change in the employee's duties that would be 20 unreasonable having regard to the employee's skills, 21 abilities and experience. 22 (2) An employee's status is not reduced for the purposes of 23 subsection (1)(a) by-- 24 (a) a reduction in the scope of the business operations for 25 which the employee is responsible; or 26 (b) a reduction in the number of employees under the 27 employee's supervision or management; 28 if the employee's functions in their general nature remain the 29 same as, or similar to, the employee's functions before 30 secondment. 31 Page 18

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 1 Particular Ministerial powers and activities relating to the project [s 14] 14 Project direction 1 (1) The Minister may give a direction (a project direction) to an 2 airport entity or its board requiring the entity or board to do 3 something the Minister considers necessary or convenient for 4 effectively carrying out the project. 5 (2) Without limiting subsection (1), a project direction may be 6 about-- 7 (a) forming a company for the purpose of transferring a 8 business, asset or liability to the company; or 9 (b) winding up or deregistering a company; or 10 (c) making or executing an instrument; or 11 (d) making a particular decision about disposing of an 12 interest held in an airport entity or a business, asset or 13 liability; or 14 (e) making a particular decision for the purpose of returning 15 the proceeds of a disposal mentioned in paragraph (d) to 16 the State; or 17 Example-- 18 a decision about a dividend or return of capital 19 (f) disclosing information. 20 (3) A project direction must be in writing, signed by the Minister. 21 (4) An airport entity must comply with a project direction given 22 to it. 23 (5) An airport entity's board must-- 24 (a) if a project direction is given to the board--comply with 25 the direction; or 26 (b) if a project direction is given to the entity--take the 27 action necessary to ensure the entity complies with the 28 direction. 29 (6) An airport entity's employees must help the entity or board to 30 comply with a project direction given to the entity or board. 31 Page 19

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 2 Application of other laws and instruments [s 15] (7) This section does not apply to QIC, QIC Infrastructure 1 Management or their boards. 2 Part 2 Application of other laws and 3 instruments 4 15 Chapter applies despite other laws and instruments 5 A thing may be done under this chapter despite any other law 6 or instrument. 7 Example-- 8 In accordance with a project direction given to its board, a GOC may 9 form a company that will become a subsidiary without obtaining the 10 approval that would otherwise be required under the Government 11 Owned Corporations Act 1993, section 163. 12 16 Excluded matter for Corporations Act 13 Anything done by the Minister under this chapter is an 14 excluded matter for the Corporations Act, section 5F, in 15 relation to the Corporations Act, chapter 2D. 16 Editor's notes-- 17 · Corporations Act, section 5F (Corporations legislation does not 18 apply to matters declared by State or Territory law to be an 19 excluded matter) 20 · Corporations Act, chapter 2D (Officers and employees) 21 17 Non-liability for duty 22 No duty under the Duties Act 2001 is payable in relation to 23 anything done under a transfer notice. 24 Page 20

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 2 Application of other laws and instruments [s 18] 18 Non-application of Property Law Act 1974, s 121 1 The Property Law Act 1974, section 121, does not apply to a 2 lease of airport land granted by an airport lessor. 3 19 Disposal of public records 4 (1) This section applies if-- 5 (a) a thing is done under a transfer notice or project 6 direction; and 7 (b) the thing is, or involves, a disposal of a public record 8 under the Public Records Act 2002. 9 (2) To remove any doubt, it is declared that, for the purpose of 10 section 13 of that Act, the public record is disposed of under 11 legal authority, justification or excuse. 12 20 Decisions not reviewable 13 (1) A decision under this chapter-- 14 (a) is final and conclusive; and 15 (b) can not be challenged, appealed against, reviewed, 16 quashed, set aside or called in question in any other way, 17 under the Judicial Review Act 1991 or otherwise 18 (whether by the Supreme Court, another court, a tribunal 19 or another entity); and 20 (c) is not subject to any writ or order of the Supreme Court, 21 another court, a tribunal or another entity on any ground. 22 (2) In this section-- 23 decision includes-- 24 (a) a decision to give a transfer notice or project direction; 25 and 26 (b) a decision or conduct leading up to or forming part of 27 the process of making a decision. 28 Page 21

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 3 Miscellaneous [s 21] Part 3 Miscellaneous 1 21 Time within which Minister may act 2 The Minister may not perform a function under this chapter 3 on or after 1 July 2009. 4 22 Registering authority to note transfer or other dealing 5 (1) The registrar of titles or other person required or authorised by 6 law to register or record transactions affecting assets or 7 liabilities-- 8 (a) may, without formal application, register or record in the 9 appropriate way a transfer or other dealing affecting an 10 asset or liability under a transfer notice; and 11 (b) must, on written application by a transferee entity, 12 register or record in the appropriate way the transfer of 13 an asset or liability under a transfer notice to the 14 transferee entity. 15 (2) A transaction, related to an asset or liability transferred to a 16 transferee entity, entered into by the transferee entity in the 17 relevant transferor entity's name or the name of a predecessor 18 in title to the relevant transferor entity, if effected by an 19 instrument otherwise in registrable form, must be registered 20 even though the transferee entity has not been registered as 21 proprietor of the asset or liability. 22 (3) If an asset or liability is registered in the name of a transferor 23 entity, the registrar of titles or other registering authority may 24 register a dealing for a transaction about the asset or liability 25 without being concerned to enquire whether it is, or is not, an 26 asset or liability transferred under a transfer notice. 27 (4) In this section-- 28 transferee entity means the entity to which an asset or liability 29 is transferred under a transfer notice. 30 Page 22

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 3 Miscellaneous [s 23] transferor entity means the entity from which an asset or 1 liability is transferred under a transfer notice. 2 23 Confidentiality agreement with prospective purchasers 3 (1) A prospective purchaser may enter into a confidentiality 4 agreement with the State for the purpose of obtaining access 5 to information in the possession or control of an airport entity. 6 (2) The agreement must state-- 7 (a) the information to which access may be given; and 8 (b) the employees or agents of the prospective purchaser to 9 whom the access may be given; and 10 (c) any conditions of the agreement. 11 (3) Information mentioned in subsection (2)(a) may be identified 12 by description including by a stated category. 13 (4) The persons mentioned in subsection (2)(b) may be identified 14 by name, by a stated class, or by being a person approved by 15 the State. 16 (5) In this section-- 17 (a) a reference to an agreement includes a deed; and 18 (b) a reference to entering into an agreement with the State 19 includes executing a deed in favour of the State. 20 (6) In this section-- 21 prospective purchaser means a person who has expressed to 22 the State an interest in purchasing an airport entity, shares in 23 an airport entity or part or all of a business of an airport entity. 24 24 Disclosure and use of information for the project 25 (1) A person may disclose information in the possession or 26 control of an airport entity, for the purpose of the project, to-- 27 (a) a person involved in the project; or 28 Page 23

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 3 Miscellaneous [s 25] (b) a person to whom the information may be given under a 1 confidentiality agreement; or 2 (c) an airport entity, or employee or agent of an airport 3 entity. 4 (2) An airport entity or its board must comply with a request by 5 the Minister for the disclosure of information under 6 subsection (1) to a person. 7 (3) A person may use information in the possession or control of 8 an airport entity for the purpose of the project. 9 (4) Also, to remove any doubt, it is declared that a person may 10 disclose or use information in compliance with a transfer 11 notice or project direction. 12 (5) A person who, acting honestly, discloses or uses information 13 under this section is not liable, civilly, criminally or under an 14 administrative process, for the disclosure or use. 15 (6) In this section-- 16 confidentiality agreement means an agreement mentioned in 17 section 23, whether entered into or executed before or after 18 the commencement of this section. 19 25 Effect on legal relationships 20 (1) Nothing done under this chapter-- 21 (a) makes a relevant entity liable for a civil wrong or 22 contravention of a law, including for a breach of a 23 contract, confidence or duty; or 24 (b) makes a relevant entity in breach of any instrument, 25 including an instrument prohibiting, restricting or 26 regulating the assignment, novation or transfer of a right 27 or liability or the disclosure of information; or 28 (c) except as expressly provided under a transfer notice, is 29 taken to fulfil a condition that-- 30 (i) terminates, or allows a person to terminate, an 31 instrument or obligation; or 32 Page 24

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 3 Miscellaneous [s 25] (ii) modifies, or allows a person to modify, the 1 operation or effect of an instrument or obligation; 2 or 3 (iii) allows a person to avoid or enforce an obligation or 4 liability contained in an instrument or requires a 5 person to perform an obligation contained in an 6 instrument; or 7 (iv) requires any money to be paid before its stated 8 maturity; or 9 (d) releases a surety or other obligee, wholly or partly, from 10 an obligation. 11 (2) If, apart from this subsection, the advice, consent or approval 12 of a person would be necessary to do something under this 13 chapter, the advice is taken to have been obtained or the 14 consent or approval is taken to have been given 15 unconditionally. 16 Example-- 17 A contract entered into by an airport entity provides that the entity 18 agrees not to transfer a particular asset without a particular person's 19 consent and that, if the consent is given, it may be subject to particular 20 conditions. If the asset is transferred to another airport entity under a 21 transfer notice, the consent required under the contract is taken to have 22 been given unconditionally. 23 (3) If, apart from this subsection, giving notice to a person would 24 be necessary to do something under this chapter, the notice is 25 taken to have been given. 26 (4) In this section-- 27 relevant entity means-- 28 (a) the State or an employee or agent of the State; or 29 (b) an airport entity or an employee or agent of an airport 30 entity. 31 Page 25

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 3 Miscellaneous [s 26] 26 Things done under this chapter 1 To remove any doubt, it is declared that a thing is taken to be 2 done under this chapter if it is done by, or in compliance with, 3 a transfer notice or project direction, even if the thing includes 4 taking steps under another Act. 5 Example-- 6 An airport entity is a lessee of land under the Land Act 1994. In 7 compliance with a project direction, the airport entity grants a sublease 8 of the land. The grant of the sublease is taken to be done under this 9 chapter. So, under section 25(2), any approval to the sublease that would 10 otherwise be required under the Land Act 1994, section 332, is taken to 11 have been given unconditionally. 12 27 Preservation of rights of seconded employees 13 (1) This section applies if an employee of an airport entity (the 14 employer) is seconded to another airport entity under a 15 transfer notice. 16 (2) The employee is taken to continue to be employed by the 17 employer on the same terms and conditions as applied before 18 the secondment, subject to any subsequent variation of those 19 terms and conditions under any applicable law or contract. 20 (3) The secondment does not-- 21 (a) affect the employee's benefits, entitlements or 22 remuneration; or 23 (b) prejudice the employee's existing or accruing rights to 24 superannuation or recreation, sick, long service or other 25 leave; or 26 (c) interrupt continuity of service, except that the employee 27 is not entitled to claim the benefit of a right or 28 entitlement more than once in relation to the same 29 period of service; or 30 (d) constitute a termination of employment by the 31 employer, retrenchment or redundancy. 32 Page 26

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 2 Restructure and disposal of airport entities and related matters Part 3 Miscellaneous [s 28] (4) The secondment continues, even if the other airport entity 1 stops being an airport entity, until the secondment is ended by 2 the employer or the employee's employment with the 3 employer ends. 4 (5) In this section-- 5 employee, of an airport entity, does not include a director of 6 the entity. 7 28 Preservation of rights of transferred employees 8 (1) This section applies to the transfer of an employee of an 9 airport entity (the former employer) to another airport entity 10 as part of the project. 11 (2) The transfer does not-- 12 (a) affect the employee's benefits, entitlements or 13 remuneration; or 14 (b) prejudice the employee's existing or accruing rights to 15 superannuation or recreation, sick, long service or other 16 leave; or 17 (c) interrupt continuity of service, except that the employee 18 is not entitled to claim the benefit of a right or 19 entitlement more than once in relation to the same 20 period of service; or 21 (d) constitute a termination of employment by the former 22 employer, retrenchment or redundancy; or 23 (e) entitle the employee to a payment or other benefit 24 because he or she is no longer employed by the former 25 employer; or 26 (f) require the former employer to make any payment in 27 relation to the employee's accrued rights to recreation, 28 sick, long service or other leave irrespective of any 29 arrangement between the former employer and the 30 employee. 31 (3) In this section-- 32 Page 27

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land [s 29] employee, of an airport entity, does not include a director of 1 the entity. 2 29 Evidentiary aids 3 (1) This section applies to a proceeding under this chapter. 4 (2) A certificate signed by the Minister stating any of the 5 following matters is conclusive evidence of the matter-- 6 (a) that a stated thing was, or is being, done for the purpose 7 of the project; 8 (b) that a stated person is, or was at a stated time, involved 9 in the project; 10 (c) that a stated company was established for the project; 11 (d) that a stated direction given by the Minister related to 12 the project. 13 (3) A document certified by the Minister to be a copy of a project 14 direction is conclusive evidence of the direction. 15 Chapter 3 Land use plans and 16 development on airport 17 land 18 Part 1 Land use plans for airport land 19 Division 1 Preliminary 20 30 Definitions for pt 1 21 In this part-- 22 Page 28

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land [s 30] core matters, in relation to a land use plan (including its 1 preparation), means each of the following matters-- 2 (a) land use and development; 3 (b) core airport infrastructure; 4 (c) valuable features. 5 land use and development, for an area, includes each of the 6 following-- 7 (a) the location of, and the relationships between, the land 8 uses in the area; 9 (b) the current effects of land use in the area; 10 (c) the likely effects of any proposed development of the 11 airport land; 12 (d) the accessibility to, and within, the airport land. 13 valuable features includes each of the following, whether 14 terrestrial or aquatic-- 15 (a) resources or areas that are of ecological significance 16 (such as habitats, wildlife corridors, buffer zones, places 17 supporting biological diversity or resilience, and 18 features contributing to the quality of air, water 19 (including catchments or recharge areas) and soil); 20 (b) areas contributing significantly to amenity (such as 21 areas of high scenic value, physical features that form 22 significant visual backdrops or that frame or define 23 places or localities, and attractive built environments); 24 (c) areas or places of cultural heritage significance (such as 25 areas or places of indigenous cultural significance, or 26 aesthetic, architectural, historical, scientific, social or 27 technological significance, to the present generation or 28 past or future generations); 29 (d) resources or areas of economic value (such as extractive 30 deposits, fishery resources, forestry resources, water 31 resources, sources of renewable and non-renewable 32 energy and good quality agricultural land). 33 Page 29

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land [s 31] Division 2 Airport lessee's first land use plan 1 31 Notice of first land use plan 2 (1) The Minister must, as soon as practicable after the completion 3 day for each airport, publish notice in the gazette of the land 4 use plan (the first land use plan) for the airport lessee's 5 airport land. 6 (2) Section 35, other than section 35(1)(e) and (f), applies to the 7 first land use plan. 8 (3) The Minister may act under subsection (1) in relation to a land 9 use plan only if satisfied-- 10 (a) the plan satisfactorily deals with the core matters 11 relevant to the plan; and 12 (b) State interests will not be adversely affected by the plan. 13 (4) The Minister must give a copy of the gazette notice and the 14 first land use plan to-- 15 (a) the airport lessee; and 16 (b) the local government. 17 (5) The local government must make a note on each relevant map 18 in the local government's planning scheme that-- 19 (a) identifies the airport land to which the first land use plan 20 applies; and 21 (b) states that interested persons may obtain details of the 22 land use plan from the airport lessee for the airport land. 23 32 Status of first land use plan 24 The first land use plan for an airport lessee's airport land-- 25 (a) becomes the land use plan for the airport land on and 26 from the day notice of the plan is published in the 27 gazette; and 28 Page 30

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land [s 33] (b) is taken to be the land use plan for the airport land 1 approved under this part until it is replaced or amended 2 under the part. 3 Division 3 Initial requirement to make new plan 4 or amend first land use plan 5 33 Requirement to replace or amend first land use plan 6 (1) Within 2 years after the completion day for its airport, the 7 airport lessee must, under division 4, prepare a statement of 8 proposal and a draft plan in relation to-- 9 (a) replacing the lessee's first land use plan; or 10 (b) amending the lessee's first land use plan to include the 11 matters mentioned in section 35(1)(e) and (f). 12 (2) Subsection (1)(b) does not limit the matters that may be 13 included in the first land use plan. 14 (3) Divisions 4 and 5, other than section 34, apply to the 15 preparation and approval of the replacement land use plan or 16 amendment. 17 Division 4 Land use plans--generally 18 34 Requirement to prepare land use plan 19 At least every 8 years after the day an airport lessee's first 20 land use plan is replaced or amended in compliance with 21 section 33, the lessee must prepare a land use plan for the 22 lessee's airport land for approval under this division. 23 35 Content of land use plan 24 (1) A land use plan for an airport lessee's airport land must-- 25 (a) state details of-- 26 Page 31

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land [s 35] (i) the airport land; and 1 (ii) the current and intended uses of the airport land; 2 and 3 (b) coordinate and integrate the core matters relevant to the 4 land use plan; and 5 (c) identify desired environmental outcomes for the airport 6 land; and 7 (d) include measures that will help achieve the desired 8 environmental outcomes; and 9 (e) include a schedule of charges (a charges schedule) the 10 local government may levy for infrastructure provided 11 by the local government in relation to development 12 that-- 13 (i) is on the airport land; and 14 (ii) is consistent with the land use plan; and 15 (f) include a priority infrastructure interface plan for the 16 airport land. 17 Editor's note-- 18 For requirements about preparing a charges schedule, see section 43. 19 (2) For subsection (1)(d), measures that will help achieve the 20 desired environmental outcomes may include the 21 identification of relevant-- 22 (a) exempt or self-assessable development under the land 23 use plan; or 24 (b) assessable development under the land use plan 25 requiring code or impact assessment. 26 (3) Without limiting subsection (1), a land use plan may-- 27 (a) state that particular development is consistent or 28 inconsistent with the plan; or 29 (b) state that any part of the airport land is intended to 30 remain undeveloped land or part of a buffer zone; or 31 Page 32

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land [s 36] (c) state that particular development inconsistent with the 1 plan is assessable development requiring impact 2 assessment under the Planning Act; or 3 (d) include details of any land proposed to become part of 4 the airport land. 5 (4) This section does not limit the matters that may be included in 6 a land use plan under part 2. 7 36 Statement of proposal for preparation of land use plan or 8 amendment of plan 9 (1) An airport lessee must prepare a statement (statement of 10 proposal) about-- 11 (a) the preparation of a land use plan; or 12 (b) an amendment of a land use plan, unless the 13 amendment-- 14 (i) is to remove land from the land use plan; or 15 (ii) relates to land that is already airport land and the 16 amendment does not change any use-- 17 (A) from development that is inconsistent with 18 the plan to development that is consistent 19 with the plan; or 20 (B) from assessable development to either 21 exempt or self-assessable development under 22 the Planning Act; or 23 (iii) is a minor amendment of the land use plan. 24 (2) The statement of proposal must-- 25 (a) identify matters the airport lessee anticipates the land 26 use plan will address; and 27 (b) state how the airport lessee intends to address each 28 relevant aspect of the core matters in the land use plan. 29 (3) The airport lessee must give a copy of the statement of 30 proposal to-- 31 Page 33

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land [s 37] (a) the local government; and 1 (b) the planning Minister. 2 (4) In this section-- 3 minor amendment, of a land use plan, means an amendment 4 correcting or changing any of the following-- 5 (a) an explanatory matter about the plan; 6 (b) the format or presentation of the plan; 7 (c) a grammatical or mapping error in the plan; 8 (d) a factual matter incorrectly stated in the plan; 9 (e) a redundant or outdated term; 10 (f) a matter in the land use plan that is inconsistent with a 11 State planning regulatory provision, a regional plan or a 12 State planning policy under the Planning Act. 13 37 Draft plan for preparation or amendment of land use plan 14 After complying with section 36, and section 38 to the extent 15 the section relates to a statement of proposal, an airport lessee 16 must-- 17 (a) take appropriate account of issues raised as a result of 18 consultation under section 38 in relation to the statement 19 of proposal; and 20 (b) prepare a draft (draft plan) of-- 21 (i) if the statement of proposal is for the preparation of 22 a land use plan--the land use plan; or 23 (ii) if the statement of proposal is for an amendment of 24 a land use plan--the amendment of the land use 25 plan; and 26 (c) give a copy of the draft plan to-- 27 (i) the local government; and 28 (iii) the planning Minister. 29 Page 34

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land [s 38] 38 Consultation on statement of proposal or draft plan 1 (1) This section applies if an airport lessee prepares a statement of 2 proposal under section 36 or a draft plan under section 37. 3 (2) The airport lessee must publish, at least once in a newspaper 4 circulating generally in the area to which the statement of 5 proposal or the draft plan relates, a notice stating the 6 following-- 7 (a) the name of the airport lessee; 8 (b) the name of the airport to which the statement of 9 proposal or draft plan relates; 10 (c) that the airport lessee has prepared a statement of 11 proposal or a draft plan, and that it is available for 12 inspection and purchase; 13 (d) a contact telephone number for information about the 14 statement of proposal or draft plan; 15 (e) that any person may make written submissions about the 16 statement of proposal or draft plan to the airport lessee; 17 (f) that the local government may make written 18 submissions about the statement of proposal or draft 19 plan to the planning Minister; 20 (g) the period (the consultation period) during which 21 submissions mentioned in paragraph (e) or (f) may be 22 made; 23 (h) the requirements for properly making a submission. 24 (3) The consultation period must be-- 25 (a) for a statement of proposal--at least 20 business days 26 after the notice is first published under subsection (2); or 27 (b) for a draft plan--at least 40 business days after the 28 notice is first published under subsection (2). 29 Page 35

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land [s 39] 39 Consideration of draft plan and local government 1 submissions 2 (1) On receiving a draft plan, the planning Minister must consider 3 whether or not any State interests would be adversely affected 4 by the proposed draft plan. 5 (2) Also, before approving a draft plan or recommending 6 approval of a draft plan to the Governor in Council under this 7 division, the planning Minister must-- 8 (a) consider any submissions given to the planning Minister 9 by a local government under section 38(2); and 10 (b) give the local government a written notice about the 11 planning Minister's considerations under paragraph (a). 12 40 Directions for amendment of draft plan 13 (1) The planning Minister may return a draft plan prepared by the 14 airport lessee for amendment in the way directed by the 15 planning Minister. 16 (2) A copy of the direction must be published in the gazette 17 within 21 days after it is given. 18 41 Approval of land use plans 19 (1) The planning Minister may approve a draft plan if satisfied 20 that-- 21 (a) the draft plan, or land use plan as amended by the draft 22 plan, satisfactorily deals with the core matters relevant 23 to the land use plan; and 24 (b) the airport lessee has taken appropriate account of issues 25 raised in written submissions made to it under section 26 38(2); and 27 (c) the local government does not have a substantial 28 objection to the draft plan; and 29 (d) State interests will not be adversely affected by the draft 30 plan. 31 Page 36

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land [s 42] (2) If the planning Minister is satisfied about subsection (1)(a), 1 (b) and (d) but is satisfied that the local government has a 2 substantial objection to the draft plan, the draft plan may only 3 be approved by the Governor in Council. 4 (3) Approval of a land use plan, or an amendment of a land use 5 plan, must be notified in the gazette within 21 days after it is 6 given. 7 (4) The approval takes effect when it is notified in the gazette. 8 42 Airport lessee to publish approved plan 9 Each airport lessee must ensure the airport lessee's current 10 land use plan approved under this part is published on the 11 airport lessee's website. 12 Division 5 Local government charges for 13 infrastructure 14 43 Charges for particular infrastructure 15 (1) In preparing a charges schedule for a land use plan, the airport 16 lessee must consult with-- 17 (a) the local government; and 18 (b) the planning Minister. 19 (2) A charge under the charges schedule may only be levied for 20 the following infrastructure provided by the local 21 government-- 22 (a) drainage; 23 (b) public transport; 24 (c) roads; 25 (d) sewerage and water supply headworks. 26 (3) A charge included under the charges schedule must be worked 27 out on the basis of the relevance of the infrastructure for 28 Page 37

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land [s 44] which the charge is to be made to the actual proposed 1 development. 2 Division 6 Other matters 3 44 Notification about airport land and land use plans on 4 planning schemes 5 (1) If a land use plan for airport land is approved or amended 6 under division 4, the planning chief executive must-- 7 (a) give written notice of the details of the plan or 8 amendment to the local government; and 9 (b) make a note on each relevant map in the local 10 government's planning scheme held by the planning 11 chief executive. 12 (2) On receiving the notice under subsection (1), the local 13 government must make a note on each relevant map in the 14 local government's planning scheme. 15 (3) The note must-- 16 (a) identify the airport land to which the land use plan 17 applies; and 18 (b) state that interested persons may obtain details of the 19 land use plan from the airport lessee for the airport land. 20 45 Effect of land ceasing to be airport land 21 (1) This section applies if land (former airport land) ceases to be 22 airport land. 23 (2) The airport lessee for the airport land must give written notice 24 of the particulars of the former airport land to-- 25 (a) the local government for the local government area 26 within which the former airport land is situated; and 27 (b) the planning chief executive. 28 Page 38

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land [s 46] (3) An entity given a notice under subsection (2) must make a 1 note on each relevant map in the local government's planning 2 scheme held by the entity. 3 (4) The note must indicate that the former airport land is no 4 longer subject to the land use plan. 5 (5) On and from the day land ceases to be airport land, the land 6 use plan that, other than for this section, would apply to the 7 land is taken not to apply to the land. 8 (6) Subsection (5) applies to former airport land even if the land 9 use plan has not been amended to show the former airport 10 land is not included in the plan. 11 46 Ministerial direction to airport lessee 12 (1) This section applies if the planning Minister is satisfied-- 13 (a) a minor amendment of a land use plan for airport land is 14 required; or 15 (b) an airport lessee has not complied with a requirement 16 under division 3 or 4 to make or amend a land use plan. 17 (2) The planning Minister may, by written notice, direct the 18 airport lessee-- 19 (a) to make the minor amendment to the land use plan 20 within a stated reasonable period; or 21 (b) comply with the requirement under division 3 or 4 22 within a stated reasonable period. 23 (3) The notice must state the reasons for deciding to give the 24 direction. 25 (4) Before giving a direction to an airport lessee under subsection 26 (2), the planning Minister must consult with the lessee. 27 (5) The airport lessee must comply with the direction. 28 (6) In this section-- 29 minor amendment, of a land use plan, means an amendment 30 correcting or changing any of the following-- 31 Page 39

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 2 Relationship with Planning Act and particular matters about development on airport land [s 47] (a) an explanatory matter about the plan; 1 (b) the format or presentation of the plan; 2 (c) a grammatical or mapping error in the plan; 3 (d) a factual matter incorrectly stated in the plan; 4 (e) a redundant or outdated term; 5 (f) a matter in the land use plan that is inconsistent with a 6 State planning regulatory provision, a regional plan or a 7 State planning policy under the Planning Act. 8 Part 2 Relationship with Planning Act 9 and particular matters about 10 development on airport land 11 Division 1 Preliminary 12 47 Application of Planning Act 13 (1) Subject to this part, the Planning Act applies for development 14 on airport land. 15 (2) If there is an inconsistency between this part and the Planning 16 Act, this part prevails to the extent of the inconsistency. 17 Division 2 Particular provisions about 18 development on airport land 19 48 Airport land not subject to planning schemes 20 (1) Airport land is not subject to a planning scheme. 21 Page 40

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 2 Relationship with Planning Act and particular matters about development on airport land [s 49] (2) Subsection (1) has effect despite the Planning Act, section 1 2.1.2. 2 49 Development under land use plan 3 (1) A land use plan may state that development on airport land 4 that is consistent with the plan is exempt development, 5 self-assessable development or assessable development under 6 the Planning Act. 7 (2) However, the land use plan can not state that any of the 8 following development is assessable development under the 9 Planning Act-- 10 (a) development that-- 11 (i) is a material change of use for core airport 12 infrastructure; and 13 (ii) is consistent with the plan; 14 (b) self-assessable development under the Planning Act, 15 schedule 8, part 2. 16 (3) Also, the land use plan can not state that schedule 9 17 development is self-assessable development or assessable 18 development under the Planning Act. 19 (4) Schedule 9 development is exempt from assessment, under the 20 Planning Act, against a land use plan. 21 (5) Self-assessable development under the Planning Act schedule 22 8, part 2 is self-assessable development for the land use plan. 23 (6) In this section-- 24 schedule 9 development means development that, under the 25 Planning Act, schedule 9, is exempt from assessment against a 26 planning scheme. 27 Page 41

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 2 Relationship with Planning Act and particular matters about development on airport land [s 50] 50 Local government is advice agency for particular 1 development 2 If the planning chief executive is the assessment manager for a 3 development application for development on airport land-- 4 (a) the local government is an advice agency under the 5 Planning Act for the application; and 6 (b) the local government's jurisdiction as an advice agency 7 is in relation to any material impacts of the proposed 8 development, identified by the local government, on 9 land, other than airport land, in its local government 10 area. 11 51 Restriction on conditions of development approvals 12 (1) The assessment manager for a development application for 13 development on airport land may impose a contribution 14 condition on the development approval for the application 15 only in relation to the following infrastructure provided by a 16 local government-- 17 (a) drainage; 18 (b) public transport; 19 (c) roads; 20 (d) sewerage and water supply headworks. 21 (2) A condition can not be imposed on a development approval 22 for the reconfiguration of a lot on airport land if the condition 23 requires a monetary payment to anyone for the 24 reconfiguration. 25 (3) In this section-- 26 contribution condition, for a development approval, means a 27 condition of the approval requiring the payment of an amount 28 to a local government for infrastructure provided by the local 29 government in relation to the development. 30 Page 42

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 2 Relationship with Planning Act and particular matters about development on airport land [s 52] 52 Particular provisions of Planning Act do not apply in 1 relation to airport land 2 (1) The Planning Act, section 5.5.1 does not apply in relation to 3 airport land. 4 (2) A person is not entitled to claim compensation under the 5 Planning Act, chapter 5, part 4, or any other law in relation to 6 a change to a land use plan affecting the person's interest in 7 any airport land. 8 53 Modified application of Planning Act, ch 5, pt 7, div 3 9 (1) A person may apply to the planning chief executive for a 10 planning and development certificate under the Planning Act, 11 chapter 5, part 7, division 3, for premises on airport land. 12 (2) The application must be accompanied by the fee prescribed 13 under a regulation. 14 (3) For subsection (1), the Planning Act, sections 5.7.9 to 5.7.13 15 apply-- 16 (a) as if a reference in the sections to a local government 17 were a reference to the planning chief executive; and 18 (b) as if the reference in section 5.7.9(a) to any planning 19 scheme were a reference to any land use plan; and 20 (c) as if the reference in section 5.7.9(a) to any 21 infrastructure charges schedule or regulated 22 infrastructure charges schedule were a reference to any 23 charges schedule under a land use plan; and 24 (d) as if the reference in section 5.7.10(1)(d) to `for the 25 planning scheme area' were omitted; and 26 (e) as if section 5.7.10(1)(e) were omitted; and 27 (f) as if section 5.7.10(1)(j) provided that the planning and 28 development certificate must be accompanied by any 29 statement of proposal or draft plan for the airport land 30 that is-- 31 (i) published under section 38(2) of this Act; and 32 Page 43

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 2 Relationship with Planning Act and particular matters about development on airport land [s 54] (ii) not yet approved under section 42 of this Act; and 1 (g) as if section 5.7.10(1)(i) included a reference to a copy 2 of an infrastructure agreement received under section 3 57(2) of this Act. 4 54 Development on local heritage place not assessable 5 development 6 (1) Development on a local heritage place that is on an airport 7 lessee's airport land is not assessable development under the 8 Planning Act, schedule 8. 9 (2) Subsection (1) applies to development on the local heritage 10 place-- 11 (a) whether or not it became a local heritage place before or 12 after the completion day for the airport lessee's airport; 13 and 14 (b) despite the Planning Act, schedule 8, part 1, table 5, 15 item 2A. 16 (3) In this section-- 17 local heritage place means a local heritage place under the 18 Queensland Heritage Act 1992. 19 55 Restriction on designation for community infrastructure 20 (1) Despite the Planning Act, chapter 2, part 6, only a Minister 21 may, under that part, designate airport land for community 22 infrastructure. 23 (2) Development under a designation by a Minister under the 24 Planning Act, chapter 2, part 6 is exempt development to the 25 extent the development would, other than for this section, be 26 self-assessable development or assessable development under 27 a land use plan. 28 (3) Subsection (2) does not limit the Planning Act, section 2.6.5. 29 Page 44

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 2 Relationship with Planning Act and particular matters about development on airport land [s 56] Editor's note-- 1 Planning Act, section 2.6.5 (How IDAS applies to designated land) 2 (4) In this section-- 3 community infrastructure means community infrastructure 4 under the Planning Act, schedule 5. 5 56 Restriction on application of master plan 6 To the extent a master plan under the Planning Act for a 7 master planned area identified by a local government under 8 that Act relates to airport land, the master plan is of no effect. 9 Division 3 Notice of development approval 10 57 Requirement to give notice of development approval and 11 infrastructure agreement 12 (1) If the planning chief executive gives a development approval 13 for development on airport land, the planning chief executive 14 must, within 5 business days after giving the approval, give a 15 copy of the approval to the local government. 16 (2) If an applicant for a development approval for development on 17 airport land enters into an infrastructure agreement under the 18 Planning Act in relation to the development, the applicant 19 must give a copy of the agreement to-- 20 (a) the local government; and 21 (b) if the planning chief executive is not a party to the 22 agreement--the planning chief executive. 23 Page 45

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 2 Relationship with Planning Act and particular matters about development on airport land [s 58] Division 4 Protection of existing uses and 1 rights 2 58 Land use plan or amendment of plan does not affect 3 existing development approval 4 (1) This section applies if-- 5 (a) a development approval is in effect for premises on 6 airport land; and 7 (b) after the approval is given, the land use plan for the 8 airport land is replaced or amended. 9 (2) To the extent the development approval has not lapsed, the 10 replacement or amended land use plan does not stop or further 11 regulate the development to which the approval relates, or 12 otherwise affect the approval. 13 59 Planning scheme can not affect existing development 14 approval 15 (1) This section applies if-- 16 (a) a development approval is in effect for premises on 17 airport land; and 18 (b) the land the subject of the approval ceases to be airport 19 land. 20 (2) The carrying out of development or the use of premises under 21 the approval can not be stopped or further regulated under any 22 planning scheme that would otherwise apply to the land when, 23 or after, it ceases to be airport land. 24 Page 46

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 3 Land use plans and development on airport land Part 2 Relationship with Planning Act and particular matters about development on airport land [s 60] Division 5 Other matters 1 60 Delegation of particular functions of planning chief 2 executive 3 (1) The planning chief executive may, in relation to a 4 development application for airport land, delegate the 5 planning chief executive's relevant administrative functions to 6 the local government. 7 (2) If the planning chief executive delegates any relevant 8 administrative functions to the local government, the planning 9 chief executive must-- 10 (a) give written notice of the delegation to the airport lessee 11 for the airport land; and 12 (b) publish the notice on the website of the department in 13 which the Planning Act is administered. 14 (3) In this section-- 15 relevant administrative functions, in relation to a 16 development application, means the planning chief 17 executive's functions under the Planning Act for matters 18 relating to the administration and enforcement, under that Act, 19 of a development approval given for the application. 20 61 Minor amendment of planning schemes 21 (1) This section applies to the planning scheme of a local 22 government for the local government area within which 23 airport land is situated. 24 (2) The local government must amend its planning scheme to 25 reflect consequential changes to the scheme required because 26 of the application of this chapter. 27 (3) For the purposes of the Planning Act, an amendment under 28 subsection (2) is taken to be a minor amendment of the 29 planning scheme. 30 Page 47

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 1 Airport notices [s 62] Chapter 4 Control of activities at 1 airports 2 Part 1 Airport notices 3 62 Airport lessor may control activities by airport notice 4 An airport lessor may display or publish a notice (an airport 5 notice) to control any of the following activities or conduct on 6 its airport land or a part of its airport land-- 7 (a) movement of persons including, for example, where the 8 movement of members of the public, or another 9 identified group, is restricted or prohibited; 10 (b) entry, movement, standing or parking of vehicles; 11 (c) movement, standing or parking of aircraft; 12 (d) movement, handling or storage of baggage or goods; 13 (e) other activities or conduct to the extent necessary to 14 ensure the security or safety of persons or property. 15 63 Display or publication of airport notices 16 (1) To have effect, an airport notice must-- 17 (a) be displayed on or near the thing to which it relates; or 18 (b) be published on the airport lessor's website. 19 (2) Before an airport notice mentioned in subsection (1)(b) has 20 effect, the airport lessor issuing the airport notice must publish 21 it on at least 2 occasions in a newspaper circulated in the area 22 to which the airport notice relates. 23 (3) A copy of an airport notice must be available during normal 24 business hours for inspection, or for purchase at a reasonable 25 cost, at the office of the airport lessor that is in, or nearest to, 26 the area to which the notice relates. 27 Page 48

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 1 Airport notices [s 64] 64 Airport notice may refer to documents held by airport 1 lessor 2 (1) An airport notice may require a person to comply, in whole or 3 in part, with a requirement of a stated document held by the 4 airport lessor. 5 (2) However, the requirement must be able to be made by an 6 airport notice under this part. 7 (3) If the document is a standard, the airport notice must state that 8 a copy of the standard is available during normal business 9 hours for inspection, or for purchase at a reasonable cost, at a 10 stated office of the airport lessor that is in, or nearest to, the 11 area to which the notice relates. 12 (4) If the document is not a standard, the airport notice must-- 13 (a) include a copy of the document; or 14 (b) do both of the following-- 15 (i) include a summary of the requirement; 16 (ii) state that a copy of the document is available 17 during normal business hours, free of charge, at a 18 stated office of the airport lessor that is in, or 19 nearest to, the area to which the notice relates. 20 (5) In this section-- 21 standard means a code, guide, rule, specification, standard or 22 other document adopted, made or published by any of the 23 following entities-- 24 (a) the Civil Aviation Safety Authority; 25 (b) the International Civil Aviation Organisation; 26 (c) the Office of Transport Security; 27 (d) the chief executive of the department in which the 28 Transport Infrastructure Act 1994 is administered. 29 Page 49

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 1 Airport notices [s 65] 65 Airport notices generally 1 (1) An airport notice-- 2 (a) must indicate the area to which the airport notice 3 applies; and 4 (b) if contravention of a requirement of the airport notice is 5 an offence against this chapter--must state that fact and 6 the maximum penalty for the offence. 7 (2) Evidence that a sign was displayed on or near the thing to 8 which it relates is evidence that the notice was displayed by 9 the airport lessor. 10 (3) An airport notice displayed on or near the thing to which it 11 relates must be clearly visible to passers-by. 12 66 Notices at entrances 13 (1) This section applies if-- 14 (a) an airport lessor erects or displays a notice at each 15 entrance commonly used by persons to gain access to its 16 airport land; and 17 (b) the notice contains information about the airport land; 18 and 19 (c) in a case where use of its airport land or facilities gives 20 rise to a liability for charges--the notice states this and 21 indicates generally the nature of the charges; and 22 (d) in a case where a contravention of a requirement of the 23 notice is an offence--the notice states this and indicates 24 generally the penalties that apply; and 25 (e) a person gains access to the airport land by using 26 another entrance. 27 (2) The person is taken to be aware of the information in the 28 notice. 29 Page 50

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 2 Authorised officers [s 67] 67 Offence of not complying with an airport notice 1 A person must comply with each requirement of an airport 2 notice, unless the person has a reasonable excuse for not 3 complying with it. 4 Maximum penalty-- 5 (a) for a contravention of a requirement about the parking 6 of an aircraft--50 penalty units; or 7 (b) for a contravention of a requirement about the 8 movement, handling or storage of goods--50 penalty 9 units; or 10 (c) for a contravention of a requirement about any other 11 matter--25 penalty units. 12 Part 2 Authorised officers 13 68 Appointment and qualifications of authorised officers 14 (1) An airport lessor may appoint a person as an authorised 15 officer for the airport. 16 (2) However, the airport lessor may appoint a person as an 17 authorised officer for the airport only if the airport lessor is 18 satisfied the person is qualified for appointment because the 19 person has the necessary expertise or experience. 20 (3) A regulation may make provision about the appointment of 21 authorised officers, including qualifications required for 22 appointment. 23 69 Appointment conditions and limit on powers 24 (1) An authorised officer holds office on any conditions stated 25 in-- 26 (a) the authorised officer's instrument of appointment; or 27 Page 51

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 2 Authorised officers [s 70] (b) a signed notice given to the authorised officer; or 1 (c) a regulation. 2 (2) The instrument of appointment, a signed notice given to the 3 authorised officer or a regulation may limit the authorised 4 officer's powers under this Act. 5 (3) In this section-- 6 signed notice means a notice signed by the airport lessor or an 7 officer of the airport lessor who is authorised by it to sign 8 notices. 9 70 Issue of identity card 10 (1) The airport lessor must issue an identity card to each 11 authorised officer. 12 (2) The identity card must-- 13 (a) contain a recent photo of the authorised officer; and 14 (b) contain a copy of the authorised officer's signature; and 15 (c) identify the person as an authorised officer for the 16 airport under this Act; and 17 (d) state an expiry date for the card. 18 71 Production or display of identity card 19 (1) In exercising a power under this Act in relation to a person, an 20 authorised officer must-- 21 (a) produce the authorised officer's identity card for the 22 person's inspection before exercising the power; or 23 (b) have the identity card displayed so it is clearly visible to 24 the person when exercising the power. 25 (2) However, if it is not practicable to comply with subsection (1), 26 the authorised officer must produce the identity card for the 27 person's inspection at the first reasonable opportunity. 28 Page 52

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 3 Directions [s 72] 72 When authorised officer ceases to hold office 1 (1) An authorised officer ceases to hold office if-- 2 (a) the term of office stated in a condition of office ends; or 3 (b) under another condition of office, the authorised officer 4 ceases to hold office. 5 (2) Subsection (1) does not limit the ways an authorised officer 6 may stop holding office. 7 (3) In this section-- 8 condition of office means a condition on which the authorised 9 officer holds office. 10 73 Return of identity card 11 A person who ceases to be an authorised officer for an airport 12 must return the person's identity card to the airport lessor 13 within 14 days after ceasing to be an authorised officer unless 14 the person has a reasonable excuse. 15 Maximum penalty--10 penalty units. 16 Part 3 Directions 17 74 Authorised officer may give directions 18 (1) An authorised officer for an airport may give a verbal 19 direction to a person on the airport land if giving the direction 20 is reasonably necessary to-- 21 (a) ensure the safety or security of the airport land, its users 22 or the airport lessor's employees or invitees; or 23 (b) prevent the person's activities or conduct from affecting 24 the airport's operation. 25 Page 53

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 3 Directions [s 75] Examples of directions that may be given for subsection (1)-- 1 · a direction to control the parking of an aircraft or the movement, 2 stopping or parking of a vehicle 3 · a direction to control the movement, handling or storage of goods 4 that are loaded, waiting to be loaded, unloaded or being transhipped 5 · a direction to control the movement of persons 6 (2) Subsection (3) applies if an authorised officer-- 7 (a) finds a person committing an offence, or reasonably 8 suspects that a person has just committed an offence, 9 against section 85; or 10 (b) reasonably believes that a person's presence at the 11 airport facilities may pose a threat to the safety or 12 security of the airport facilities, its users or the airport 13 lessor's employees or invitees; or 14 (c) reasonably believes that a person is in an area of the 15 airport facilities without lawful justification or excuse. 16 (3) An authorised officer may give a verbal direction to the 17 person to-- 18 (a) immediately leave the airport facilities, or an area of the 19 airport facilities; or 20 (b) immediately leave the airport facilities, or an area of the 21 airport facilities, and not return for at least 24 hours. 22 (4) An authorised officer must identify himself or herself as an 23 authorised officer if the authorised officer gives a verbal 24 direction by radio, megaphone or another form of distance 25 communication. 26 75 If a person does not comply with a direction 27 (1) If the person does not comply with a verbal direction given by 28 an authorised officer under section 74, the authorised officer 29 may give the person a written notice stating-- 30 (a) the authorised officer's name; and 31 (b) the direction; and 32 Page 54

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 3 Directions [s 76] (c) a brief statement about the authorised officer's reason 1 for giving the direction; and 2 (d) a further reasonable time within which the person must 3 comply with the direction; and 4 (e) when the direction was given. 5 (2) If it is not possible or reasonable for the authorised officer to 6 give the person a written notice at the time the person does not 7 comply with a verbal direction given by an authorised officer 8 under section 74, the authorised officer-- 9 (a) may give the person a further verbal direction stating the 10 information mentioned in subsection (1)(a) to (d); and 11 (b) must give the person the written notice the person would 12 have received at the time the person did not comply with 13 the verbal direction as soon as practicable after giving 14 the further verbal direction. 15 (3) At the time the authorised officer gives the person a written 16 notice under subsection (1), or a further verbal direction under 17 subsection (2)(a), the authorised officer must warn the person 18 that the person may commit an offence unless the person 19 complies with the direction within the stated time. 20 76 Offence of not complying with a direction 21 Unless a person has a reasonable excuse, a person must 22 comply with a direction given to the person by an authorised 23 officer under section 75, within the reasonable time stated in a 24 written notice under section 75(1) or as part of a further verbal 25 direction under 75(2)(a). 26 Maximum penalty-- 27 (a) if the contravention results in a significant delay to 28 airport operations--200 penalty units; or 29 (b) otherwise-- 30 (i) for a contravention of a direction to leave the 31 airport facilities or an area of the airport facilities, 32 Page 55

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 4 Moving contravening property [s 77] or leave the airport facilities or an area of the 1 airport facilities and not return for 24 hours--100 2 penalty units; or 3 (ii) for a contravention of a direction about the parking 4 of an aircraft--50 penalty units; or 5 (iii) for a contravention of a direction about the 6 movement, handling or storage of goods--50 7 penalty units; or 8 (iv) for a contravention of another direction--25 9 penalty units. 10 Part 4 Moving contravening property 11 77 Moving contravening property 12 (1) This section applies if-- 13 (a) an authorised officer for an airport reasonably believes 14 that an aircraft, vehicle or goods in an airport or at an 15 airport facility is contravening property; and 16 (b) the authorised officer reasonably believes that it is 17 necessary to move the contravening property having 18 regard to-- 19 (i) the efficient operation of the airport; or 20 (ii) the safety or security of the airport, its users or the 21 airport lessor's employees or invitees; and 22 (c) the authorised officer-- 23 (i) can not immediately find the person in charge of 24 the contravening property; or 25 (ii) reasonably believes the person in charge of the 26 contravening property can not, or will not, move 27 the contravening property immediately. 28 Page 56

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 5 Other powers and offences [s 78] (2) The authorised officer may-- 1 (a) take steps necessary and reasonable to have the 2 contravening property moved; and 3 (b) if the contravening property is property in the form of 4 goods that are perishable, or of little or no value, treat 5 the goods as abandoned property under part 6. 6 (3) In this section-- 7 contravening property means an aircraft, vehicle or goods 8 that is parked or left in an airport or at an airport facility in 9 contravention of-- 10 (a) a requirement of an airport notice; or 11 (b) a direction of an authorised officer under part 3. 12 person in charge, of contravening property, means-- 13 (a) for contravening property that is an aircraft--the 14 aircraft's pilot or another person in charge of the 15 aircraft; or 16 (b) for contravening property that is a vehicle--the driver of 17 the vehicle or another person in charge of the vehicle; or 18 (c) for contravening property that is property in the form of 19 goods--the owner of the goods or another person in 20 charge of the goods. 21 Part 5 Other powers and offences 22 78 Power to require name and address 23 (1) An authorised officer for an airport may require a person on 24 the airport land to state the person's name and address if the 25 authorised officer-- 26 (a) finds the person committing an offence against this 27 chapter; or 28 Page 57

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 5 Other powers and offences [s 79] (b) reasonably suspects the person has just committed an 1 offence against this chapter. 2 (2) When making the requirement, the authorised officer must 3 warn the person that it is an offence to fail to state the person's 4 name and address unless the person has a reasonable excuse. 5 (3) The authorised officer may require the person to give 6 evidence of the correctness of the person's stated name and 7 address if the authorised officer reasonably suspects the stated 8 name or address is false. 9 (4) A person must comply with the authorised officer's 10 requirement under subsection (1) or (3), unless the person has 11 a reasonable excuse for not complying with it. 12 Maximum penalty--10 penalty units. 13 (5) The person does not commit an offence against this section 14 if-- 15 (a) the authorised officer required the person to state the 16 person's name and address in the circumstances 17 mentioned in subsection (1)(a) or (b); and 18 (b) the person is not proved to have committed the offence. 19 (6) In this section-- 20 offence against this chapter includes an offence against 21 section 105 for an attempt to commit an offence against this 22 chapter. 23 79 Inspection of documents 24 (1) An authorised officer for an airport may require a person, who 25 is or may be liable to pay a charge to the airport operator, to 26 produce for the authorised officer's inspection, documents 27 that are-- 28 (a) under the person's control; and 29 (b) relevant to deciding-- 30 (i) whether the person is liable to pay the charge; or 31 Page 58

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 5 Other powers and offences [s 80] (ii) the amount of the charge. 1 (2) The person must comply with the requirement, unless the 2 person has a reasonable excuse for not complying with it. 3 Maximum penalty for subsection (2)--50 penalty units. 4 80 Inspection of aircraft, vehicles and goods 5 (1) This section applies only to the extent necessary to allow an 6 authorised officer for an airport to decide-- 7 (a) whether a charge is payable in relation to an aircraft or 8 goods; and 9 (b) the amount of the charge. 10 (2) A person in charge of a conveyance on the airport land must 11 allow the authorised officer to enter and inspect the 12 conveyance, or inspect goods on or in the conveyance, if 13 asked by the authorised officer. 14 Maximum penalty--50 penalty units. 15 (3) In this section-- 16 conveyance means an aircraft or vehicle. 17 81 Obstructing authorised officer 18 (1) A person on airport land must not obstruct an authorised 19 officer for the airport in the exercise of a power under this 20 part, unless the person has a reasonable excuse. 21 Maximum penalty--50 penalty units. 22 (2) In this section-- 23 obstruct includes hinder, resist, insult, attempt to obstruct and 24 threaten to obstruct.\ 25 Page 59

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 5 Other powers and offences [s 82] 82 False or misleading statement 1 (1) A person must not state anything to an authorised officer that 2 the person knows is false or misleading in a material 3 particular. 4 Maximum penalty--50 penalty units. 5 (2) It is enough for a complaint for an offence against subsection 6 (1) to state the statement made was `false or misleading' to the 7 person's knowledge, without specifying which. 8 83 False or misleading document 9 (1) A person must not give an authorised officer a document 10 containing information the person knows is false or 11 misleading in a material particular. 12 Maximum penalty--50 penalty units. 13 (2) Subsection (1) does not apply to a person if the person when 14 giving the document-- 15 (a) tells the authorised officer, to the best of the person's 16 ability, how it is false or misleading; and 17 (b) if the person has, or can reasonably obtain, the correct 18 information--gives the correct information. 19 (3) It is enough for a complaint for an offence against subsection 20 (1) to state the document was `false or misleading' to the 21 person's knowledge, without specifying which. 22 84 Impersonating an authorised officer 23 A person must not pretend to be an authorised officer. 24 Maximum penalty--50 penalty units. 25 Page 60

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 6 Disposal of abandoned property [s 85] 85 Conduct causing public nuisance 1 A person at an airport operator's airport facilities must not be 2 disorderly or create a disturbance. 3 Maximum penalty--50 penalty units. 4 86 Interfering with airport notices 5 (1) This section applies to an airport notice other than an airport 6 notice published on an airport lessor's website. 7 (2) A person must not unlawfully interfere with the airport notice. 8 Maximum penalty--25 penalty units. 9 (3) In this section-- 10 interfere, with an airport notice, includes removing, defacing 11 or damaging the airport notice. 12 Part 6 Disposal of abandoned 13 property 14 87 Definitions for pt 6 15 In this part-- 16 abandoned property means property that an airport operator 17 reasonably believes has been abandoned on the airport 18 operator's airport land including, for example, goods, an 19 aircraft, a vehicle or a thing attached to, or contained in, an 20 aircraft or a vehicle. 21 insufficient value property means abandoned property that-- 22 (a) is of no value; or 23 (b) if sold by an airport operator, would not be likely to 24 return sufficient proceeds of sale to cover the total of the 25 following amounts-- 26 Page 61

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 6 Disposal of abandoned property [s 88] (i) the expenses reasonably incurred by the airport 1 operator in selling the property; 2 (ii) the expenses reasonably incurred by the airport 3 operator in dealing with the property under this 4 part; 5 (iii) the charges, interest and other expenses owing to 6 the airport operator in relation to the property. 7 88 Reasonable steps must be taken to find owner 8 (1) This section applies to abandoned property found on the 9 airport operator's airport land, unless-- 10 (a) it is insufficient value property; or 11 (b) it is perishable and it is impracticable for the airport 12 operator to keep it having regard to its nature and 13 condition. 14 (2) The airport operator-- 15 (a) must take reasonable steps to locate the owner of the 16 property; and 17 (b) may have the property moved to a place it considers 18 appropriate. 19 (3) If the airport operator has located the owner of the property 20 within 28 days after the property was found, the airport 21 operator must give the owner a written notice-- 22 (a) describing the property; and 23 (b) stating the property has been found; and 24 (c) explaining how it may be recovered; and 25 (d) stating the property may be sold or disposed of if it is 26 not recovered. 27 (4) If the airport operator has not located the owner of the 28 property within 28 days after finding the property, the airport 29 operator must publish a notice in a newspaper circulating 30 Page 62

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 6 Disposal of abandoned property [s 89] generally in the State that includes the matters mentioned in 1 subsection (3)(a) to (d). 2 89 A person may claim property 3 The airport operator must return abandoned property to a 4 person if the person, within 28 days after the notice is given or 5 published under section 88-- 6 (a) satisfies the airport operator that the person is the owner 7 of the property; and 8 (b) pays the expenses reasonably incurred by the airport 9 operator in dealing with the property under this part. 10 90 If property not claimed 11 If a person does not claim the abandoned property within 28 12 days after an airport operator has given or published a notice 13 under section 88 about it, the airport operator may sell the 14 property. 15 91 Sale of perishable property 16 The airport operator may sell abandoned property if it is 17 perishable and it is impracticable for the airport operator to 18 keep it having regard to its nature and condition. 19 92 Proceeds from the sale of abandoned property 20 (1) If abandoned property is sold by an airport operator, the 21 proceeds of the sale must be applied in the following order-- 22 (a) in payment of the expenses reasonably incurred by the 23 airport operator in selling the property; 24 (b) in payment of the expenses reasonably incurred by the 25 airport operator in dealing with the property under this 26 part; 27 Page 63

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 7 General [s 93] (c) in payment of charges, interest and other expenses 1 owing to the airport operator in relation to the property; 2 (d) in payment of any balance to the owner. 3 (2) If the proceeds of the sale are less than the total of the 4 expenses mentioned in subsection (1)(a), (b) and (c), the 5 difference is a debt owing to the airport operator by the 6 owner. 7 (3) If the proceeds of the sale are more than the total of the 8 expenses mentioned in subsection (1)(a), (b) and (c), and the 9 airport operator can not locate the owner, the airport operator 10 must pay the amount of the difference to the public trustee. 11 (4) The public trustee must pay the amount into the unclaimed 12 moneys fund kept under the Public Trustee Act 1978. 13 (5) Compensation may not be recovered against the airport 14 operator in relation to a payment made honestly and without 15 negligence under this section. 16 93 Abandoned property of no value 17 An airport operator may dispose of abandoned property that is 18 insufficient value property in the way the airport operator 19 considers appropriate. 20 Part 7 General 21 94 Delegation 22 (1) An airport lessor may delegate a function under this chapter to 23 an airport operator. 24 (2) It is a condition of a lease of airport land that the airport lessee 25 must comply with, or ensure the airport manager complies 26 with, the lawful directions of the airport lessor in relation to 27 the performance of any delegated functions. 28 Page 64

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 4 Control of activities at airports Part 7 General [s 95] (3) A regulation or the conditions of a delegation may require an 1 airport operator to establish a system for monitoring, and 2 receiving and dealing with complaints about, the performance 3 of delegated functions. 4 (4) In this section-- 5 delegated function means a function of an airport lessor 6 delegated to an airport operator. 7 95 Appointment of airport manager 8 (1) The airport lessor for an airport may appoint a person as 9 airport manager of the airport. 10 (2) An airport lessee for an airport may, with the written approval 11 of the airport lessor, appoint a person as airport manager of 12 the airport. 13 96 Liability for acts of authorised officers, and related 14 matters 15 (1) If a person is appointed as an authorised officer by a delegate 16 of an airport lessor-- 17 (a) the person is not an officer, employee or agent of the 18 airport lessor only because of that appointment; and 19 (b) the airport lessor is not civilly liable for an act done, or 20 omission made, by the person as an authorised officer. 21 (2) If subsection (1) prevents a civil liability attaching to an 22 airport lessor, the liability attaches instead to the delegate. 23 (3) An authorised officer is not civilly liable for an act done, or 24 omission made, by the officer for an airport operator honestly 25 and without negligence. 26 (4) If subsection (3) prevents a civil liability attaching to an 27 authorised officer, the liability attaches instead to the airport 28 operator that appointed the officer. 29 Page 65

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 5 Local government matters and land tax [s 97] Chapter 5 Local government matters 1 and land tax 2 97 Application of particular local laws to airport land 3 (1) A regulation may provide that a stated local law does not 4 apply, or does not apply to a stated extent, or applies with 5 stated changes, to stated airport land. 6 (2) The regulation may fix, as the time of effect, the day fixed for 7 another matter under a gazette notice made under another 8 provision of this Act. 9 Example-- 10 The regulation may fix, as the time of effect, the day on which notice is 11 published of the first land use plan for airport land under section 31. 12 (3) In this section-- 13 time of effect means the day on which a stated local law stops 14 applying, or stops applying to a stated extent, or starts 15 applying with stated changes, to stated airport land. 16 98 Delayed application of new local laws to airport land 17 (1) This section applies to a local law made after the completion 18 day for Cairns International Airport or Mackay Airport. 19 (2) Subject to subsection (3), the local law does not apply to the 20 relevant airport land until whichever of the following days is 21 later-- 22 (a) the day that is 3 months after the day the local law is 23 made; 24 (b) the day the local law commences. 25 (3) Subsection (2) stops applying to the local law on the 26 commencement of a regulation under section 97 about the 27 application or non-application of the local law to the airport 28 land. 29 Page 66

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 6 Other matters Part 1 Miscellaneous [s 99] 99 Owner of land for rating or land tax purposes 1 (1) This section applies in relation to airport land if there is an 2 airport lessee for the land. 3 (2) This section applies for the purposes of-- 4 (a) a provision of the Local Government Act 1993 about 5 levying or payment of rates; and 6 (b) the Land Tax Act 1915. 7 (3) The airport lessee is taken to be the owner of the land. 8 (4) The airport lessor for the land is taken not to be the owner of 9 the land. 10 Chapter 6 Other matters 11 Part 1 Miscellaneous 12 100 Declaration of airport lessors and lessees 13 (1) The Minister may, by gazette notice-- 14 (a) declare an entity to be the airport lessor for Cairns 15 International Airport; or 16 (b) declare an entity to be the airport lessor for Mackay 17 Airport; or 18 (c) if an entity holds any Cairns airport land under a lease, 19 sublease or licence from the airport lessor for Cairns 20 International Airport--declare the entity to be an airport 21 lessee for Cairns International Airport; or 22 (d) if an entity holds any Mackay airport land under a lease, 23 sublease or licence from the airport lessor for Mackay 24 Airport--declare the entity to be an airport lessee for 25 Mackay Airport. 26 Page 67

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 6 Other matters Part 1 Miscellaneous [s 101] (2) For subsection (1)(c) or (d), it does not matter whether the 1 entity enters into the lease, sublease or licence with the airport 2 lessor or is an assignee of that instrument. 3 101 Airport lessor may substitute for airport lessee 4 (1) This section applies if, at any time after the commencement of 5 the section-- 6 (a) an entity ceases to be an airport lessee for airport land; 7 and 8 (b) another entity has not become the airport lessee for the 9 airport land. 10 (2) If chapter 3 requires or permits something to be done by an 11 airport lessee in relation to the airport land, the thing may be 12 done by the airport lessor for the airport land. 13 102 Delegations 14 The Minister may delegate the Minister's functions under this 15 Act, except section 12, 31 or 100, to the chief executive. 16 103 Conduct of company directors, employees or agents 17 (1) If, in a proceeding for an offence against this Act, it is 18 necessary to establish the state of mind of a corporation about 19 particular conduct, it is sufficient to show-- 20 (a) the conduct was engaged in by a representative of the 21 corporation within the scope of the representative's 22 actual or apparent authority; and 23 (b) the representative had the state of mind. 24 (2) Conduct engaged in on behalf of a corporation by a 25 representative of the corporation within the scope of the 26 representative's actual or apparent authority is taken, in a 27 proceeding for an offence against this Act, to have been 28 engaged in also by the corporation unless the corporation 29 Page 68

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 6 Other matters Part 1 Miscellaneous [s 104] establishes it took reasonable precautions and exercised 1 proper diligence to avoid the conduct. 2 (3) If, in a proceeding for an offence against this Act, it is 3 necessary to establish the state of mind of an individual about 4 particular conduct, it is sufficient to show-- 5 (a) the conduct was engaged in by a representative of the 6 individual within the scope of the representative's actual 7 or apparent authority; and 8 (b) the representative had the state of mind. 9 (4) Conduct engaged in on behalf of an individual by a 10 representative of the individual within the scope of the 11 representative's actual or apparent authority is taken, in a 12 proceeding for an offence against this Act, to have been 13 engaged in also by the individual unless the individual 14 establishes the individual took reasonable precautions and 15 exercised proper diligence to avoid the conduct. 16 (5) In this section-- 17 engaging in conduct includes failing to engage in conduct. 18 representative means-- 19 (a) in relation to a corporation--an executive officer, 20 employee or agent of the corporation; or 21 (b) in relation to an individual--an employee or agent of the 22 individual. 23 state of mind of a person includes-- 24 (a) the person's knowledge, intention, opinion, belief or 25 purpose; and 26 (b) the person's reasons for the intention, opinion, belief or 27 purpose. 28 104 Proceedings for offences 29 (1) An offence against this Act is a summary offence. 30 (2) A proceeding for an offence must start-- 31 Page 69

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 6 Other matters Part 1 Miscellaneous [s 105] (a) within 1 year after the commission of the offence; or 1 (b) within 6 months after the offence comes to the 2 complainant's knowledge, but within 2 years after the 3 commission of the offence. 4 (3) A statement in a complaint for an offence against this Act that 5 the matter of the complaint came to the knowledge of the 6 complainant on a stated day is evidence of when the matter 7 came to the complainant's knowledge. 8 105 Attempts to commit offences 9 (1) A person must not attempt to commit an offence against this 10 Act. 11 Maximum penalty--half the maximum penalty for 12 committing the offence. 13 (2) The Criminal Code, section 4 (Attempts to commit offences) 14 applies to subsection (1). 15 106 Penalties payable to consolidated fund 16 All penalties ordered to be paid in relation to offences against 17 this Act must be paid into the consolidated fund. 18 107 Regulations 19 The Governor in Council may make regulations under this 20 Act. 21 Page 70

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 6 Other matters Part 2 Transitional provisions [s 108] Part 2 Transitional provisions 1 108 Definition for pt 2 2 In this part-- 3 TIA means the Transport Infrastructure Act 1994. 4 109 Airport notices 5 (1) This section applies to a notice that-- 6 (a) immediately before the completion day for Cairns 7 International Airport, is a current port notice for land 8 that, on the completion day, is Cairns airport land; or 9 (b) immediately before the completion day for Mackay 10 Airport, is a current port notice for land that, on the 11 completion day, is Mackay airport land. 12 (2) The notice is taken to be an airport notice from the relevant 13 completion day until it stops being an airport notice under 14 chapter 4, part 1. 15 (3) In this section-- 16 port notice means a port notice under TIA, chapter 8, part 3B. 17 110 Authorised officers 18 (1) This section applies to an appointment as an authorised officer 19 of a port authority for Cairns International Airport or Mackay 20 Airport in force, immediately before the completion day for 21 that airport, under TIA, chapter 8, part 3B, division 2. 22 (2) The appointment continues in force on the same conditions, 23 for a period of 3 months starting on the relevant completion 24 day, as if it were an appointment as an authorised officer for 25 the relevant airport made under this Act. 26 Page 71

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 6 Other matters Part 2 Transitional provisions [s 111] (3) Subsection (2) applies subject to any earlier ending of the 1 appointment, or change of conditions of the appointment, 2 under this Act. 3 111 Abandoned property 4 (1) This section applies to any property that-- 5 (a) immediately before the relevant completion day, is 6 abandoned property under TIA, chapter 8, part 4B, in 7 the possession of a port authority; and 8 (b) is abandoned on land that-- 9 (i) on the completion day for Cairns International 10 Airport, is Cairns airport land; or 11 (ii) on the completion day for Mackay Airport, is 12 Mackay airport land. 13 (2) On the relevant completion day, the property becomes 14 abandoned property under chapter 4, part 6. 15 (3) Anything done by the port authority under TIA, chapter 8, 16 part 4B in relation to the property is taken to have been done 17 by the relevant airport operator under chapter 4, part 6. 18 (4) The port authority must give the property to the airport 19 operator for the airport land as soon as practicable after the 20 completion day. 21 (5) However, if the property is insufficient value property under 22 TIA section 289H, the port authority may dispose of it in a 23 way the port authority considers appropriate. 24 112 Proceeds from the sale of abandoned property 25 (1) This section applies if-- 26 (a) property is abandoned on land that-- 27 (i) on the completion day for Cairns International 28 Airport, is Cairns airport land; or 29 Page 72

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 6 Other matters Part 2 Transitional provisions [s 113] (ii) on the completion day for Mackay Airport, is 1 Mackay airport land; and 2 (b) immediately before the completion day, a port authority 3 is holding an amount that is, under TIA, section 289M, 4 proceeds of sale of the property. 5 (2) From the completion day, TIA, section 289M continues to 6 apply to the port authority in relation to the amount. 7 113 Amendment of regulations 8 The amendment of the Integrated Planning Regulation 1998 9 or State Penalties Enforcement Regulation 2000 by this Act 10 does not affect the power of the Governor in Council to 11 further amend the regulation or to repeal it. 12 114 Particular development applications 13 (1) This section applies to a development application for 14 development on strategic port land under TIA that becomes 15 airport land if-- 16 (a) the application was made but not decided under the 17 Planning Act before the completion day for the airport 18 to which the application relates; and 19 (b) the assessment manager under the Planning Act for the 20 application is Cairns Ports or Mackay Ports. 21 (2) On the completion day-- 22 (a) the planning chief executive is taken to be the 23 assessment manager under the Planning Act for the 24 application; and 25 (b) the IDAS process for the application stops. 26 (3) As soon as practicable after the completion day, the former 27 assessment manager for the application must give to the 28 planning chief executive-- 29 (a) the application; and 30 Page 73

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 6 Other matters Part 2 Transitional provisions [s 114] (b) any further information or material requested by the 1 planning chief executive under subsection (4). 2 (4) The planning chief executive may, in writing, ask the former 3 assessment manager for the application for any information or 4 material about the application the planning chief executive 5 reasonably requires to process and decide the application. 6 (5) On receiving the application, and any further information or 7 material requested under subsection (4), the planning chief 8 executive must-- 9 (a) consider the application and the further information or 10 material; and 11 (b) give the applicant written notice stating the stage of 12 IDAS the planning chief executive intends to resume or 13 start the IDAS process for the application. 14 (6) The notice under subsection (5)(b) must be given to the 15 applicant-- 16 (a) within 10 business days after the planning chief 17 executive receives the application; or 18 (b) if the planning chief executive asks for further 19 information or material under subsection (4)--within 10 20 business days after the planning chief executive receives 21 the information or material. 22 (7) The planning chief executive may resume or start the IDAS 23 process for the application at any stage of IDAS the planning 24 chief executive considers appropriate. 25 (8) Subject to this section and chapter 3, part 2, the Planning Act 26 and the land use plan for the airport land to which the 27 application relates apply for processing and deciding the 28 application. 29 (9) Despite subsection (8), in processing and deciding the 30 application, the planning chief executive may have regard 31 to-- 32 (a) the land use plan under the Transport Infrastructure Act 33 1994 that applied in relation to the land to which the 34 Page 74

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 1 Amendment of Energy Assets (Restructuring and Disposal) Act 2006 [s 115] application relates immediately before the completion 1 day; and 2 (b) any other matter relevant to the application the planning 3 chief executive considers appropriate. 4 (10) In this section-- 5 former assessment manager, for a development application, 6 means the entity that, immediately before the completion day 7 for the airport to which the application relates, was the 8 assessment manager under the Planning Act for the 9 application. 10 IDAS means the system detailed in the Planning Act, chapter 11 3, for integrating State and local government assessment and 12 approval processes for development. 13 IDAS process means the IDAS process under the Planning 14 Act. 15 Chapter 7 Amendment of other 16 legislation 17 Part 1 Amendment of Energy Assets 18 (Restructuring and Disposal) 19 Act 2006 20 115 Act amended in pt 1 21 This part amends the Energy Assets (Restructuring and 22 Disposal) Act 2006. 23 Page 75

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 2 Amendment of Integrated Planning Act 1997 [s 116] 116 Amendment of s 52 (Time within which Minister may act) 1 (1) Section 52(2), `subsection (3)'-- 2 omit, insert-- 3 `subsections (3) and (3A)'. 4 (2) Section 52-- 5 insert-- 6 `(3A) The Minister may perform a function under part 3 for the 7 2007 project on or after the commencement of the Airport 8 Assets (Restructuring and Disposal) Act 2008, chapter 1, and 9 before 1 July 2009.'. 10 Part 2 Amendment of Integrated 11 Planning Act 1997 12 117 Act amended in pt 2 13 This part amends the Integrated Planning Act 1997. 14 118 Amendment of s 4.1.21 (Court may make declarations) 15 (1) Section 4.1.21(1)(c)-- 16 renumber as section 4.1.21(1)(d). 17 (2) Section 4.1.21(1)-- 18 insert-- 19 `(c) the construction of a land use plan under the Airport 20 Assets (Restructuring and Disposal) Act 2008 and 21 chapter 3, part 1 of that Act; and'. 22 Page 76

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 2 Amendment of Integrated Planning Act 1997 [s 119] 119 Amendment of sch 8 (Assessable development and 1 self-assessable development) 2 (1) Schedule 8, part 1, table 2-- 3 insert-- 4 `On airport land 3A Making a material change of use of premises on airport land that is inconsistent with the land use plan approved under the Airport Assets (Restructuring and Disposal) Act 2008, chapter 3, part 1.'. (2) Schedule 8, part 1, table 4, item 1A, column 2-- 5 insert-- 6 `(l) on airport land and the operational work-- 7 (i) is consistent with the land use plan approved under 8 the Airport Assets (Restructuring and Disposal) 9 Act 2008, chapter 3, part 1 for the land; and 10 (ii) is carried out on land that is not stated, under the 11 land use plan, to remain undeveloped land.'. 12 120 Amendment of sch 8A (Assessment manager for 13 development applications) 14 Schedule 8A, table 2-- 15 insert-- 16 `Airport land 2 If table 1 does not apply and the application is for Chief executive development completely or partly on airport land, administering this whether or not the development includes tidal work Act'. 121 Amendment of sch 10 (Dictionary) 17 (1) Schedule 10-- 18 insert-- 19 Page 77

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 3 Amendment of Integrated Planning Regulation 1998 [s 122] `airport land see the Airport Assets (Restructuring and 1 Disposal) Act 2008, schedule 3. 2 core airport infrastructure see the Airport Assets 3 (Restructuring and Disposal) Act 2008, schedule 3.'. 4 (2) Schedule 10, definition essential management, paragraph (e), 5 `airstrips'-- 6 omit, insert-- 7 `any core airport infrastructure'. 8 (3) Schedule 10, definition routine management, paragraph (b), 9 `built infrastructure'-- 10 omit, insert-- 11 `built infrastructure, including core airport infrastructure,'. 12 (4) Schedule 10, definition specified activity-- 13 insert-- 14 `(cb) any aspect of development for core airport infrastructure 15 on airport land; or'. 16 Part 3 Amendment of Integrated 17 Planning Regulation 1998 18 122 Regulation amended in pt 3 19 This part amends the Integrated Planning Regulation 1998. 20 Page 78

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 3 Amendment of Integrated Planning Regulation 1998 [s 123] 123 Amendment of sch 1 (Type of assessment and applicable 1 codes, laws and policies for particular development) 2 (1) Schedule 1, part 3, table 2-- 3 insert-- 4 `Airport land 3A On airport land made assessable under the The current land use plan for the airport Act, schedule 8, part 1, table 2, item 3A land approved under the Airport Assets (Restructuring and Disposal) Act 2008, chapter 3, part 1'. (2) Schedule 1, part 3, table 5-- 5 insert-- 6 `Airport land 1A On airport land other than development The current land use plan for the airport made assessable under the Act, schedule 8, land approved under the Airport Assets part 1, table 2, item 3A, if the land use plan (Restructuring and Disposal) Act 2008, for the airport land approved under the chapter 3, part 1'. Airport Assets (Restructuring and Disposal) Act 2008, chapter 3, part 1 states the development is assessable development 124 Amendment of sch 2 (Referral agencies and their 7 jurisdictions) 8 Schedule 2, table 2-- 9 insert-- 10 `Airport land 6A A material change of use on airport The Minister under The purposes of the land made assessable under-- the Transport Transport Infrastructure Act Infrastructure Act (a) the Act, schedule 8, part 1, table 2, 1994--as a 1994'. item 3A; or concurrence agency (b) the land use plan for the airport land approved under the Airport Assets (Restructuring and Disposal) Act 2008, chapter 3, part 1 Page 79

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 4 Amendment of Land Tax Act 1915 [s 125] Part 4 Amendment of Land Tax Act 1 1915 2 125 Act amended in pt 4 3 This part amends the Land Tax Act 1915. 4 126 Amendment of s 13 (Land exempted from land tax) 5 Section 13-- 6 insert-- 7 `(4) A reference in subsection (1)(k) to land owned by a port 8 authority and used by it as a commercial airport includes-- 9 (a) land owned by a wholly owned subsidiary of a port 10 authority that is used as a commercial airport; and 11 (b) airport land within the meaning given by the Airport 12 Assets (Restructuring and Disposal) Act 2008. 13 `(4A) A reference in subsection (1)(k)(ii) to the Transport 14 Infrastructure Act 1994, section 286 includes the Airport 15 Assets (Restructuring and Disposal) Act 2008, chapter 3, part 16 1. 17 `(4B) Subsection (1)(k)(i) and (ii) stop applying to land on the 18 earlier of-- 19 (a) the coming into force of a development permit under the 20 Integrated Planning Act 1997 for the land for a use other 21 than a use mentioned in subsection (1)(k)(i); or 22 (b) the start of development within the meaning of 23 Integrated Planning Act 1997, other than reconfiguring 24 a lot, for a use other than a use mentioned in subsection 25 (1)(k)(i).'. 26 Page 80

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 5 Amendment of Local Government Act 1993 [s 127] Part 5 Amendment of Local 1 Government Act 1993 2 127 Act amended in pt 5 3 This part amends the Local Government Act 1993. 4 128 Amendment of s 957 (What land is rateable) 5 (1) Section 957(1)-- 6 insert-- 7 `(ea) airport land, within the meaning given by the Airport 8 Assets (Restructuring and Disposal) Act 2008, that is 9 used for a runway, taxiway, apron, road, vacant land, 10 buffer zone or grass verge; and'. 11 (2) Section 957(4)-- 12 renumber as section 957(6). 13 (3) Section 957-- 14 insert-- 15 `(4) A reference in subsection (1)(e)(i) to strategic port land 16 occupied by a port authority includes strategic port land, used 17 in connection with Cairns International Airport or Mackay 18 Airport, occupied by a wholly owned subsidiary of a port 19 authority. 20 `(5) Subsection (1)(ea) stops applying to land on the earlier of---- 21 (a) the coming into force of a development permit under the 22 Integrated Planning Act 1997 for the land for a use other 23 than a use mentioned in subsection (1)(ea); or 24 (b) the start of development within the meaning of 25 Integrated Planning Act 1997, other than reconfiguring 26 a lot, for a use other than a use mentioned in subsection 27 (1)(ea).'. 28 Page 81

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 6 Amendment of State Penalties Enforcement Regulation 2000 [s 129] Part 6 Amendment of State Penalties 1 Enforcement Regulation 2000 2 129 Regulation amended in pt 6 3 This part amends the State Penalties Enforcement Regulation 4 2000. 5 130 Amendment of sch 3 (Transport legislation) 6 Schedule 3, entry for the Transport Infrastructure Act 1994, 7 entry for section 282J, paragraph (c)-- 8 omit. 9 131 Amendment of sch 5 (Other legislation) 10 Schedule 5-- 11 insert-- 12 Page 82

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 6 Amendment of State Penalties Enforcement Regulation 2000 [s 131] `Airport Assets (Restructuring and Disposal) Act 2008 1 Column 1 Column 2 Infringement notice offence Infringement notice fine (penalty units) s 67 For a contravention of a requirement of an airport notice about-- (a) the parking of an aircraft. . . . . . . . 5 (b) the movement, handling or storage of goods. . . . . . . . . . . . . . . . . . . . . 2 (c) the parking or stopping of vehicles 1/2 (d) another matter . . . . . . . . . . . . . . . . 2 s 73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 s 76 (other than a contravention that results in a significant delay to airport operations) . . . . . . . . . . . . . . . . . . . . . . 2 s 78(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 s 81(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 s 85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Authorised person for service of infringement notices--an authorised 2 officer appointed under the Airport Assets (Restructuring and Disposal) 3 Act 2008, section 68'. 4 Page 83

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 7 Amendment of Transport Infrastructure 1994 [s 132] Part 7 Amendment of Transport 1 Infrastructure 1994 2 Division 1 Preliminary 3 132 Act amended in pt 7 4 This part amends the Transport Infrastructure Act 1994. 5 Division 2 Amendment commencing on assent 6 133 Insertion of new ch 8, pt 1A 7 Chapter 8-- 8 insert-- 9 `Part 1A Transitional provisions for 10 airport restructuring and 11 disposal 12 `267AB Delegation 13 `(1) A port authority may delegate the port authority's airport 14 functions to a wholly owned subsidiary of the port authority. 15 `(2) In this section-- 16 airport functions means functions under this chapter relating 17 to Cairns International Airport or Mackay Airport. 18 functions includes powers. 19 `267AC Non-application to an airport 20 `(1) From the completion day for Cairns International Airport-- 21 Page 84

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 7 Amendment of Transport Infrastructure 1994 [s 134] (a) a reference in this chapter to an airport does not include 1 Cairns International Airport; and 2 (b) a reference in this chapter to strategic port land does not 3 include land that is Cairns airport land under the 4 Airports Assets Act. 5 `(2) From the completion day for Mackay Airport-- 6 (a) a reference in this chapter to an airport does not include 7 Mackay Airport; and 8 (b) a reference in this chapter to strategic port land does not 9 include land that is Mackay airport land under the 10 Airports Assets Act. 11 `(3) In this section-- 12 Airports Assets Act means the Airport Assets (Restructuring 13 and Disposal) Act 2008. 14 completion day see the Airports Assets Act, schedule 3. 15 `267AD Expiry of pt 1A 16 `This part expires on the day the Airport Assets (Restructuring 17 and Disposal) Act 2008, section 134 commences.'. 18 Division 3 Amendments commencing on 19 proclamation 20 134 Amendment of s 267 (Definitions for chapter) 21 Section 267, definition airport-- 22 omit. 23 Page 85

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 7 Amendment of Transport Infrastructure 1994 [s 135] 135 Amendment of s 267A (Meaning of port facilities) 1 Section 267A, definition port facilities, examples of port 2 facilities, `· an airport'-- 3 omit. 4 136 Amendment of s 276 (Port services function) 5 Section 276(3), definition port-- 6 omit. 7 137 Amendment of s 279 (Port authority may impose a 8 charge) 9 Section 279(2)(a) and (b), `or an aircraft'-- 10 omit. 11 138 Omission of s 281 (Liability for a charge in relation to an 12 aircraft) 13 Section 281-- 14 omit. 15 139 Amendment of s 281A (Liability for a charge in relation to 16 goods) 17 (1) Section 281A(f)-- 18 omit. 19 (2) Section 281A(g)-- 20 renumber as section 281A(f). 21 Page 86

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 7 Amendment of Transport Infrastructure 1994 [s 140] 140 Replacement of s 281B (Liability for a charge in relation 1 to passengers) 2 Section 281B-- 3 omit, insert-- 4 `281B Liability for a charge in relation to passengers 5 `If a charge is payable in relation to passengers on a ship, the 6 following persons are jointly and severally liable for the 7 charge-- 8 (a) the owner of the ship; 9 (b) the master of the ship; 10 (c) the agent of the ship's owner; 11 (d) another person who has accepted liability for the 12 charge.'. 13 141 Amendment of s 281D (Liability for movement of ships, 14 aircraft, vehicles, goods or rolling stock) 15 (1) Section 281D, heading, `aircraft,'-- 16 omit. 17 (2) Section 281D(1), `an aircraft,'-- 18 omit. 19 (3) Section 281D(2)(a), `, aircraft'-- 20 omit. 21 142 Amendment of s 281E (Liability for damage to port 22 authority's port facilities) 23 Section 281E(1)-- 24 omit, insert-- 25 `(1) If damage is caused by a ship to a port authority's port 26 facilities, the following persons are jointly and severally liable 27 for the damage-- 28 Page 87

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 7 Amendment of Transport Infrastructure 1994 [s 143] (a) the owner of the ship; 1 (b) the master of the ship; 2 (c) the agent of the ship's owner.'. 3 143 Amendment of s 282 (Port authority may control activities 4 by port notice) 5 Section 282(2)(c), `, or parking aircraft,'-- 6 omit. 7 144 Omission of s 282B (Port notice--aircraft parking) 8 Section 282B-- 9 omit. 10 145 Amendment of s 282C (Port notice--movement, handling 11 or storage of goods) 12 Section 282C, from `from'-- 13 omit, insert-- 14 `from ships at its port facilities.'. 15 146 Amendment of s 282H (Port notice may refer to 16 documents held by port authority) 17 Section 282H(5), definition standard, paragraph (h)(v) and 18 (vi)-- 19 omit. 20 147 Amendment of s 282J (Offence of not complying with a 21 port notice) 22 (1) Section 282J, penalty, paragraph (c)-- 23 omit. 24 Page 88

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 7 Amendment of Transport Infrastructure 1994 [s 148] (2) Section 282J, penalty, paragraphs (d) and (e)-- 1 renumber as paragraphs (c) and (d). 2 148 Amendment of s 282Q (Authorised officer may give 3 directions) 4 Section 282Q(1), examples, `the parking of an aircraft or'-- 5 omit. 6 149 Amendment of s 282S (Offence of not complying with a 7 direction) 8 (1) Section 282S, penalty, paragraph (b)(iii)-- 9 omit. 10 (2) Section 282S, penalty, paragraph (b)(iv) and (v)-- 11 renumber as paragraph (b)(iii) and (iv). 12 150 Amendment of s 282T (Moving contravening property) 13 (1) Section 282T(1)(a), `an aircraft,'-- 14 omit. 15 (2) Section 282T(4), definition contravening property, `an 16 aircraft,'-- 17 omit. 18 (3) Section 282T(4), definition person in charge, paragraph (b)-- 19 omit. 20 (4) Section 282T(4), definition person in charge, paragraphs (c) 21 and (d)-- 22 renumber as paragraphs (b) and (c). 23 Page 89

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 7 Amendment of Transport Infrastructure 1994 [s 151] 151 Amendment of s 283B (Inspection of ships, aircraft, 1 vehicles, rolling stock and goods) 2 (1) Section 283B, heading, `aircraft,'-- 3 omit. 4 (2) Section 283B(1)(a), `, an aircraft'-- 5 omit. 6 (3) Section 283B(3) definition conveyance, `an aircraft,'-- 7 omit. 8 152 Amendment of s 285 (Land use plans) 9 (1) Section 285(1), words before paragraph (c)(i)-- 10 omit, insert-- 11 `(1) This section applies to port authority land that is on or near the 12 interface between the land and the waters within the limits of 13 the port, as defined under section 274, and that is used or may 14 be used--'. 15 (2) Section 285(1)(i) to (vii)-- 16 renumber as section 285(1)(a) to (g). 17 153 Amendment of s 289H (Definitions for pt 4B) 18 Section 289H, definition abandoned property, paragraphs (a) 19 and (b), `, an aircraft'-- 20 omit. 21 154 Amendment of s 291 (Carrying on port activities outside 22 port limits) 23 Section 291(2)-- 24 omit. 25 Page 90

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Chapter 7 Amendment of other legislation Part 7 Amendment of Transport Infrastructure 1994 [s 155] 155 Amendment of s 292 (Offences) 1 Section 292(4)-- 2 omit. 3 156 Amendment of sch 6 (Dictionary) 4 (1) Schedule 6, definitions airport and charterer-- 5 omit. 6 (2) Schedule 6, definition port, `, and includes an airport for 7 which the authority is responsible'-- 8 omit. 9 Page 91

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Schedule 1 Schedule 1 Airport land 1 sections 7, 8 and 9 2 Part 1 Cairns airport land 3 Lot on Plan County Parish Area Lot 1 on RP 738764 Nares Cairns 0.4708 ha Lot 2 on RP 738764 Nares Cairns 1.825 ha Lot 3 on RP 738764 Nares Cairns 12.7542 ha Lot 398 on RP 715442 Nares Cairns 6.054 ha Lot 1 on RP 731801 Nares Cairns 3.521 ha Lot 1 on RP 736303 Nares Cairns 19.6177 ha Lot 4 on SP146888 Nares Cairns 123.4 ha Lot 1 on RP 747652 Nares Smithfield 4.674 ha Lot 1 on RP 748893 Nares Smithfield 0.2409 ha Lot 1 on RP 748896 Nares Smithfield 6.484 ha Lot 2 on RP 748896 Nares Smithfield 60.7518 ha Lot 3 on RP 710432 Nares Smithfield 0.8094 ha Lot 1 on RP 736304 Nares Cairns 517.2473 ha Lot 5 on SP 146888 Nares Cairns 5.231 ha Lot 748 on CPNR 6651 Nares Cairns 5.241 ha Page 92

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Schedule 1 Part 2 Mackay airport land 1 Lot on Plan County Parish Area Lot 1 on RP 711078 Carlisle Howard 0.3541 ha Lot 1 on RP 713704 Carlisle Howard 1.7637 ha Lot 1 on RP 723311 Carlisle Howard 56 ha Lot 1 on RP 842090 Carlisle Howard 0.36445 ha Lot 2 on RP 723311 Carlisle Howard 0.7249 ha Lot 2 on RP 842090 Carlisle Howard 15.43 ha Lot 3 on RP 723311 Carlisle Howard 1.554 ha Lot 3 on RP 842090 Carlisle Howard 0.6917 ha Lot 19 on SP 145073 Carlisle Howard 3.142 ha Lot 381 on RP 711085 Carlisle Howard 0.1416 ha Lot 405 on CP 842088 Carlisle Howard 167.3 ha Lot 443 on RP 724222 Carlisle Howard 25.9841 ha Page 93

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Schedule 2 Schedule 2 Core airport infrastructure 1 schedule 3, definition core airport infrastructure 2 The following are core airport infrastructure for airport land-- 3 (a) facilities on the airport land directly connected with the 4 operation of an airport on the land, including, for 5 example the following-- 6 (i) taxiways, runways and air terminal aprons; 7 (ii) aircraft movement areas, parking areas and 8 standing areas; 9 (iii) aircraft hangers; 10 (iv) aircraft repair and maintenance facilities, and 11 aircraft refuelling and fuel storage facilities; 12 (v) storage and maintenance facilities for airline 13 equipment and vehicles, including, for example, 14 ramp handling equipment; 15 (vi) communication and traffic control facilities; 16 (vii) emergency service and meteorological facilities; 17 (viii) pilot briefing facilities and associated support 18 facilities; 19 (ix) heliports; 20 (x) flight training facilities, flight catering facilities, 21 air freight and cold storage facilities; 22 (xi) airline support facilities, including, for example, 23 lounges, service desks and baggage handling 24 facilities; 25 (xii) customs, immigration and quarantine facilities, 26 including facilities for under-bond storage and 27 housing animals; 28 (xiii) airport plant and equipment, including, for 29 example, stand-by power generation facilities; 30 Page 94

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Schedule 2 (xiv) airport passenger and general aviation terminals, 1 but not including any facilities within the terminals 2 mentioned in paragraph (b) or (c); 3 (xv) offices for airport or airline management, or offices 4 associated with any facilities mentioned in 5 subparagraphs (i) to (xiv); 6 (xvi) airport signage; 7 (xvii)fill or excavation works carried out in relation to 8 any matter mentioned in subparagraphs (i) to (xvi); 9 (b) facilities on the airport land, other than facilities 10 mentioned in paragraph (a), related to the operation of 11 an airport on the land, including, for example the 12 following-- 13 (i) vehicle parking facilities; 14 (ii) vehicle rental and valet parking facilities; 15 (iii) facilities associated with vehicle rental and valet 16 parking facilities, including, for example, facilities 17 for vehicle refuelling, fuel storage and vehicle 18 maintenance and washing; 19 (c) facilities within an existing airport terminal building, 20 including, for example, the following-- 21 (i) advertising signage; 22 (ii) retail outlets appropriate for providing services to 23 airline passengers, including newsagencies, 24 bookstores, gift or souvenir stores, toy stores, 25 pharmacies or arts and craft stores; 26 (iii) duty free stores; 27 (iv) freight facilities, other than for air freight; 28 (v) medical centres; 29 (vi) restaurants, cafes, fast food outlets or snack food 30 vending machines; 31 (vii) offices; 32 (viii) a chapel; 33 Page 95

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Schedule 2 (ix) tourism or accommodation booking offices; 1 (x) development for water supply, sewerage, drainage 2 waste storage and collection, electricity supply and 3 any other facility owned or operated by a local 4 government or a public sector entity within the 5 meaning of the Integrated Planning Act 1997. 6 Page 96

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Schedule 3 Schedule 3 Dictionary 1 section 4 2 abandoned property, for chapter 4, part 6, see section 87. 3 agent includes a financier, insurer or advisor. 4 airport means Cairns International Airport or Mackay 5 Airport. 6 airport entity see section 6. 7 airport land see section 7. 8 airport lessee means an entity declared to be an airport lessee 9 under section 100. 10 airport lessor means an entity declared to be an airport lessor 11 under section 100. 12 airport manager means a person appointed as airport 13 manager under section 95. 14 airport notice see section 62. 15 airport operator, for an airport, means an airport lessee or 16 airport manager for the airport or, if there is no airport lessee 17 or airport manager for the airport, the airport lessor for the 18 airport. 19 airport sublessee means a person who leases any airport land 20 from an airport lessee or another airport sublessee. 21 asset includes a right. 22 BAC Holdings means BAC Holdings Limited ACN 108 568 23 038. 24 BACH Shareholders Agreement means the agreement 25 between BAC Holdings and its shareholders, dated on or 26 about 30 June 2004, as in force from time to time. 27 Cairns airport land see section 8. 28 Cairns Ports means Cairns Ports Ltd ACN 131 836 014. 29 Page 97

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Schedule 3 charges schedule, for a land use plan, see section 35(1)(e). 1 completion day means-- 2 (a) for Cairns International Airport--the day on which an 3 entity is declared, under section 100(1)(c), to be an 4 airport lessee for the airport; or 5 (b) for Mackay Airport--the day on which an entity is 6 declared, under section 100(1)(d), to be an airport lessee 7 for the airport. 8 core airport infrastructure-- 9 1 Core airport infrastructure means core airport 10 infrastructure stated in schedule 2. 11 2 To remove any doubt, it is declared that core airport 12 infrastructure does not include the following-- 13 (a) carrying out manufacturing, other than food 14 preparation; 15 (b) hotels, motels or any type of residential dwelling; 16 (c) department stores, discount department stores, 17 retail warehouses, showrooms or wholesale 18 facilities. 19 core matters, for chapter 3, part 1, see section 30. 20 development means development under the Planning Act. 21 development application means a development application 22 for a development approval under the Planning Act. 23 development approval means a development approval under 24 the Planning Act. 25 disposal includes divestment. 26 draft plan see section 37(b). 27 employee includes officer. 28 first land use plan see section 31(1). 29 Gateway means Gateway Investments Corporation Limited 30 ACN 086 967 464. 31 Page 98

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Schedule 3 government company means a corporation incorporated 1 under the Corporations Act all the stock or shares in the 2 capital of which is or are beneficially owned by the State. 3 information includes a document. 4 instrument includes an oral agreement. 5 insufficient value property, for chapter 4, part 6, see section 6 87. 7 land means any land, whether above or below the ordinary 8 high water mark at spring tides. 9 land use and development, for chapter 3, part 1, see section 10 30. 11 land use plan, for airport land, means the land use plan, 12 approved under chapter 3, part 1, that regulates development 13 on the airport land. 14 local government, for a provision of this Act about airport 15 land, or a land use plan for airport land, means the local 16 government for the local government area within which the 17 airport land is situated. 18 Mackay airport land see section 9. 19 Mackay Ports means Mackay Ports Ltd ACN 131 965 707. 20 Office of Transport Security means the office of that name 21 within the Commonwealth department within which the 22 Aviation Transport Security Act 2004 (Cwlth) is administered. 23 officer includes a director. 24 person involved in the project means an employee or agent of 25 the State who is involved in carrying out the project in the 26 course of the employment or agency. 27 Planning Act means the Integrated Planning Act 1997. 28 planning chief executive means the chief executive of the 29 department in which the Planning Act is administered. 30 planning Minister means the Minister administering the 31 Integrated Planning Act 1997. 32 Page 99

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Schedule 3 planning scheme means a planning scheme under the 1 Planning Act. 2 POBC means Port of Brisbane Corporation Limited ACN 124 3 048 522. 4 priority infrastructure interface plan, for a land use plan for 5 airport land, means a document prepared by or for an airport 6 lessee describing how development that is consistent with the 7 land use plan is intended to coordinate with the priority 8 infrastructure plan of the local government in relation to the 9 types of local government infrastructure relevant to the airport 10 land. 11 priority infrastructure plan, of a local government, means the 12 local government's priority infrastructure plan under the 13 Planning Act. 14 project see section 5. 15 project direction see section 14(1). 16 QIC means the Queensland Investment Corporation. 17 QIC Infrastructure Management means QIC Infrastructure 18 Management Pty Ltd ACN 096 932 188. 19 QTH means Queensland Treasury Holdings Pty Ltd ACN 011 20 027 295. 21 record includes any document. 22 right includes power, privilege and immunity. 23 shareholders deed of covenant means a deed of covenant, 24 complying with clause 7.1 of the BACH Shareholders 25 Agreement, that must be executed before an entity may 26 become an equity holder under that agreement. 27 State interest see the Planning Act, schedule 10. 28 statement of proposal see section 36(1). 29 TIA, for chapter 6, part 2, see section 108. 30 transfer notice see section 12(1). 31 Page 100

 


 

Airport Assets (Restructuring and Disposal) Bill 2008 Schedule 3 ultimate holding company has the meaning given by the 1 Corporations Act, section 9, as if section 48(2) and (3) of that 2 Act did not apply. 3 valuable features, for chapter 3, part 1, see section 30. 4 vehicle includes any type of transport that moves on wheels 5 and a hovercraft but does not include an aircraft, train or tram. 6 © State of Queensland 2008 Page 101

 


 

AMENDMENTS TO BILL

Airport Assets (Restructuring and Disposal) Bill 2008 Airport Assets (Restructuring and Disposal) Bill 2008 Amendments agreed to during Consideration 1 Schedule 3 (Dictionary) At page 98, line 30, `Limited'-- omit, insert-- `Pty Ltd'. © State of Queensland 2008

 


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