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This is a Bill, not an Act. For current law, see the Acts databases.
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Airport Assets (Restructuring and Disposal) Bill 2008
Chapter 2 Restructure and disposal of airport entities and related matters
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[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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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[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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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