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Sydney Airports Bill 1998

Part 4 Use of flight paths

21   Prohibition on use of flight path other than in accordance with determination

             (1)  Except as provided for by section 22 an aircraft may not take off from, or land at, a Sydney airport unless the take off or landing is in accordance with a determination by the Authority.

             (2)  If the operator of an aircraft knowingly or recklessly allows an aircraft to take off or land in contravention of subsection (1), the operator is guilty of an offence punishable, or conviction, by a fine not exceeding 200 penalty units.

Note 1:    If the operator is a body corporate, the maximum fine that may be imposed is 1000 penalty units (see subsection 48(3) of the Crimes Act 1914 .

Note 2:    For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914 .

22   Aircraft may take off or land in emergencies or if Authority grants dispensation

                   An aircraft may take off from, or land at, a Sydney airport in circumstances that would otherwise contravene section 21 if:

                     (a)  the aircraft is involved in an emergency as described in section 23; or

                     (b)  a dispensation granted by the Authority under section 24 authorises the take-off or landing and the take-off or landing is in accordance with any conditions of the dispensation.

23   Emergencies

                   An aircraft is involved in an emergency if:

                     (a)  the aircraft is being used for or in connection with:

                              (i)  a search and rescue operation; or

                             (ii)  a medical emergency; or

                            (iii)  a natural disaster; or

                     (b)  the pilot of the aircraft has declared an in-flight emergency; or

                     (c)  the aircraft has insufficient fuel to be diverted to another airport; or

                     (d)  there is an urgent need for the aircraft to land or take off:

                              (i)  to ensure the safety or security of the aircraft or any person; or

                             (ii)  to avoid damage to property.

24   Dispensations in exceptional circumstances

             (1)  The Authority may grant a dispensation authorising an aircraft to take off from, or land at, Sydney Airport in circumstances that would otherwise contravene section 21 if the Authority is satisfied that there are exceptional circumstances justifying the take-off or landing.

             (2)  A dispensation may be granted subject to conditions including, for example, conditions relating to when the take-off or landing must occur.

             (3)  In granting dispensations, the Authority must have regard to guidelines made under subsection (5).

             (4)  A dispensation need not be in writing, but a written record of each dispensation and the reasons for granting it must be made and must be tabled in each House of the Parliament within 5 sitting days of that House after the dispensation is granted.

             (5)  Subject to subsections (6) and (7), the Authority must, in writing, make guidelines about the granting of dispensations under this section including, in particular:

                     (a)  what constitutes exceptional circumstances; and

                     (b)  the conditions to which dispensations should be subject.

             (6)  Guidelines under subsection (5) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .

25   Sydney Airports Authority to report to the Parliament

             (1)  The Sydney Airports Authority must prepare a written report within 28 days of the end of each quarter on the determinations made during the quarter.

             (2)  A copy of each report under subsection (1) must be laid before each House of Parliament within 15 sitting days of that House after the day on which the Authority has prepared the report.

26   Airservices Australia to monitor compliance with determinations

             (1)  Airservices Australia is to monitor compliance with the determinations of the Authority under this Act and to give the Authority a written report, within 28 days of the end of each quarter, on the extent of infringements (if any) of determinations during the quarter.

             (2)  A copy of each report under subsection (1) must be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Authority receives the report.

             (3)  Airservices Australia’s obligations under this section are limited to monitoring compliance with determinations and reporting to the Authority on the extent of infringements (if any). This monitoring and reporting role does not authorise or require Airservices Australia to take any action to enforce compliance with the determinations.

27   Authority may require the provision of information

             (1)  The Authority may, by notice in writing given to the operator of an aircraft, require the operator to give the Authority, within 30 days of receiving the notice:

                     (a)  information relating to the noise level of the aircraft;

                     (b)  information relevant to determining whether a take-off or landing of the aircraft was permitted by section 23 (emergencies).

             (2)  The operator must not knowingly or recklessly fail to comply with the notice.

Penalty:  50 penalty units.

Note 1:    If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914 ).

 Note 2:   For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914 .

28   Provision of false information

                   The operator of an aircraft must not, for a purpose connected with this Act, knowingly or recklessly give information to the Authority that is false or misleading in a material particular.

Penalty:  50 penalty units.

Note 1:    If the operator is a body corporate, the maximum penalty that may be imposed is 250 penalty units (see subsection 4B(3) of the Crimes Act 1914 ).

Note 2:    For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914 ).