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SYDNEY AIRPORT DEMAND MANAGEMENT ACT 1997No. 173, 1997 - LONG TITLE

An Act to limit aircraft movements at Sydney Airport, and for related purposes

Contents

Part 1--Preliminary

1 Short title

2 Commencement

3 Identifying defined terms

4 Overview

5 Consequential amendment of the Airports Act 1996

Part 2--The maximum aircraft movement limit at Sydney Airport

6 Maximum movement limit

7 Minister's power to determine a lower maximum movement limit

8 Consultation about determination of lower maximum movement limit

9 Airservices Australia to monitor compliance with maximum movement limit and to report to Minister

Part 3--Penalties for unauthorised aircraft movements

Division 1--Situations in which penalties apply

10 Aircraft movements to which this Part applies

11 Meaning of no-slot movement and off-slot movement

12 Prohibition on no-slot movements

13 Prohibition on off-slot movements

Division 2--Civil penalties

14 Pecuniary penalties for contravention of civil penalty provisions

15 Procedural matters

16 No criminal proceedings for contravention of civil penalty provision

Division 3--Infringement notices (alternative to proceedings for civil penalty)

17 Interpretation

18 Purpose and effect of this Division

19 Issue of infringement notices

20 Infringement notice penalty

21 Infringement notice penalty is payable to the Slot Manager on behalf of Commonwealth

22 Time for payment

23 Contents of infringement notice

24 Person issued with infringement notice may initiate proceedings in the Federal Court for a determination of whether there has been a contravention

25 Withdrawal of infringement notice

26 Effect of payment of infringement notice penalty

Division 4--Obligations in relation to money received under this Part

27 Civil penalties and infringement notice penalties to be paid into Consolidated Revenue Fund

28 Slot Manager to apply money for purposes of functions under this Act

Division 5--Exemptions

29 Aircraft may take off or land in emergencies or if Slot Manager grants dispensation

30 Emergencies

31 Dispensations in exceptional circumstances

32 State aircraft

Part 4--The Slot Management Scheme

Division 1--Framework within which Scheme to be developed and to operate

33 The Scheme and its basic purpose

34 The concept of a slot

35 Contents of Scheme

36 Minister's power to determine additional requirements

37 Consequence of Scheme not being consistent with section 35

Division 2--Development and amendment of Scheme

Subdivision A--Development

38 Slot Manager to develop slot management scheme and submit it for approval

39 Minister's power to request or make amendments

40 Approval of scheme

41 When Slot Management Scheme comes into force

Subdivision B--Amendment

42 Slot Manager may develop amendments of Slot Management Scheme and submit them for approval

43 Minister's power to request or develop amendments

44 Approval of amendments

45 When an amendment comes into force

Division 3--Powers of Minister and Compliance Committee in relation to slot allocation

46 Minister's powers

47 Compliance Committee's powers

Part 5--The Compliance Scheme

Division 1--Framework within which Scheme to be developed and to operate

48 The Scheme and its basic purpose

49 Contents of Scheme

50 Minister's power to determine additional requirements

51 Consequence of Scheme not being consistent with section 49

Division 2--Development and amendment of Scheme

Subdivision A--Development

52 Compliance Committee to develop compliance scheme and submit it for approval

53 Minister's power to request or make amendments

54 Approval of scheme

55 When Compliance Scheme comes into force

Subdivision B--Amendment

56 Compliance Committee may develop amendments of Compliance Scheme and submit them for approval

57 Minister's power to request or develop amendments

58 Approval of amendments

59 When an amendment comes into force

Part 6--The Slot Manager

60 The Slot Manager

61 Appointment of Slot Manager

62 The legal position of the Slot Manager

63 Termination of appointment

64 Protection of Slot Manager etc. from legal actions

65 Change of Slot Manager

Part 7--The Compliance Committee

66 The Compliance Committee

67 Regulations may deal with appointment and other matters

68 The legal position of the Compliance Committee

69 Protection of Compliance Committee from legal actions

Part 8--Miscellaneous

70 Evidentiary certificates

71 Delegation

72 Crown to be bound

73 Extra-territorial operation

74 Regulations

Schedule 1--Definitions

1 Definitions

Schedule 2--Amendment of the Airports Act 1996

Sydney Airport Demand Management Act 1997 No. 173 of 1997

An Act to limit aircraft movements at Sydney Airport, and for related purposes

[ Assented to 17 November 1997 ]

The Parliament of Australia enacts:



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