Mackay Airport Act 1989 (Qld)

1063 MA Y AIRPORT ACT No. 82 of 1989 ANALYSIS OF CONTENTS PART I-PRELIMINARY 1. Short title 2. Commencement 3. Meaning of terms 4. Transfer of Mackay Airport to the Authority PART II-FUNCTIONS AND POWERS OF AUTHORITY IN RELATION TO AIRPORT 5. General Functions and Powers of Authority in relation to Airport 6. Acquisition of additional land 7. Power to grant leases 8. Disposal of airport land 9. By-laws 10. Recovery of charges 11. Finances 12. Funds 13. Airport Operations Fund 14. Airport Loan Fund 15. Other Prescribed Funds 16. Banking Accounts 17. Exemption from rates 18. Regulations 19. Protection of Authority and persons acting in pursuance of Act 20. Saving as to Commonwealth powers 21. Evidentiary provisions

1064 ANN O T 2ICESI OCT A VO

Mackay Airport Act 1989, No. 82 1065 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Mackay Airport Act 1989. 2. Commencement . (1) Part 1 commences on the date on which this Act is assented to for and on behalf of Her Majesty. (2) Part II commences in accordance with section 4 (4). 3. Meaning of terms. (1) In this Act, save where a contrary intention appears- "Authority" means the Mackay Harbour Board established in accordance with the Harbours Act 1955-1989, by that name or any other name assigned to that Board in accordance with that Act; "Commonwealth Minister" means the Minister of the Commonwealth for the time being having responsibility for the administration of the laws of the Commonwealth relating to civil aviation or having power to exercise the powers and functions of the Commonwealth Minister under this Act; "Mackay Airport" or "the airport" in Part I means the Mackay Aerodrome more particularly described in the Transfer Deed made under section 4 and in Part II means the land so described together with any additional land acquired by the Authority under this Act for the purposes of the airport but excluding any of the land so described and any such additional land that is disposed of by or acquired from the Authority, and in Parts I and II includes all aircraft hangars, buildings, structures, roads, plant, and equipment constructed on or affixed to that land; "Minister" means the Minister for Water Resourc Services r other Minister for the time the nrii -2tion of this Act: the term in(, ,.. mporarily the duties of the Act: 4 :aritime with `,ter ^ ai ter "Tra_is:'> r T" means the deed between Cc ^o:,wealth of L:ie Mackay Port Authority _,i State of Queen:try-id made on 19 June 1989 in relation : D the Mackay Airport: the term includes any deed as varied in accordance with this Act. (2) Save where a contrary intention appears in this Act, any term or expression to which a meaning is assigned by the Harbours Act 1955- 1989 has the meaning so assigned when used in this Act.

1066 Mackay Airport Act 1989, No. 82 4. Transfer of Mackay Airport to the Authority . (1) With the approval of the Minister , the Authority may enter into and carry into effect the Transfer Deed with the Commonwealth for the transfer from the Commonwealth to the Authority of the Mackay Airport together with all vehicles , plant , equipment , and other property belonging to the Commonwealth that are provided for use at or in connexion with the airport and which are provided for in the Transfer Deed. (2) A Transfer Deed under this section may contain provision with respect to- (a) the management , operation , and maintenance of the airport by the Authority; (b) regulating the manner of performance of the functions and the exercise of the powers of the Authority in relation to the airport; (c) the functions and powers of the Commonwealth in relation to- (i) the control of aircraft using, landing, or taking off from the airport; (ii) the provision of flight services for or in respect of any such aircraft; and (iii) the provision of airport fire and rescue services and facilities; (d) the granting or reserving to the Commonwealth of an irrevocable licence for the Commonwealth and its officers, employees, contractors , and agents to occupy and use all buildings , structures, and facilities at or used in connexion with the airport which relate to the performance or exercise of the functions and powers referred to in subparagraph (c) and to have free and unrestricted access to and egress from those buildings , structures , and facilities at all times; (e) providing for the security of the airport; (f) the satisfaction and performance of any outstanding liabilities and obligations of the Commonwealth incurred by the Commonwealth in relation to the airport before the transfer of the airport to the Authority in accordance with the agreement. (3) Subject to this Act and with the prior approval of the Minister, a Transfer Deed under this section may be varied by the parties to the Transfer Deed. (4) When a Transfer Deed is entered into under this section, the Minister must cause to be published in the Gazette a notice specifying the date on which the airport is to be transferred to the Authority in accordance with the Transfer Deed, and on and from that date the provisions of Part II have effect.

Mackay Airport Act 1989, No. 82 1067 PART II-FUNCTIONS AND POWERS OF AUTHORITY IN RELATION TO AIRPORT 5. Genera l Functions and Powers of Authority in relation to Airport. (1) Subject to the provisions of this Part and of the Transfer Deed, the Authority has the function of managing, operating, and maintaining the Mackay Airport as an airport for the benefit of the public and it is the responsibility of the Authority to ensure that the airport and the vehicles, plant, equipment, and other property provided for use at or in connexion with the airport are kept in good repair and working order. (2) The Authority may- (a) provide and maintain services, facilities, and conveniences for the use or benefit of persons making use of, or resorting to, the airport; (b) sell or let on hire to or otherwise provide for the use of those persons, goods and other articles and things; (c) carry out works for the improvement or alteration of the airport or any part of it, or of any services, facilities, or conveniences provided at the airport or in connexion with the operation of it; and (d) purchase or otherwise acquire vehicles, plant, equipment, and other property for use in connexion with the airport and may make arrangements with any other person for the doing of any of the things referred to in this subsection. (3) Subject to this Act the Authority has the powers, functions, duties and obligations- (a) imposed on a Harbour Board in accordance with the Harbours Act 1955-1989; (b) imposed on a Harbour Board in respect of land or harbour work, the property of a Harbour Board by any other Act except an Act in relation to a specific Harbour Board; (c) imposed in accordance with this Act; (d) approved by the Governor in Council by Order in Council. (4) The Authority may appoint and engage as an independent contractor, on such terms and conditions as may be arranged, any person or group of persons considered by the Authority to be capable of providing services required by the Authority in connexion with the performance of its functions and the exercise of its powers under this Part. (5) The Authority may appoint and employ such persons as it considers necessary to enable it to perform its functions and exercise its powers under this Part and carry into effect the provisions of the agreement. (6) The Authority may do and cause to be done all such acts and things as are incidental to or necessary for the proper exercise or discharge of its powers, authorities, functions, duties and obligations.

1068 Mackay Airport Act 1989, No. 82 6. Acquisition of additional land. (1) The Authority may, in accordance with section 62 of the Harbours Act 1955-1989, acquire or take land for the purpose of- (a) the airport; (b) the provision of road access to or from the airport; (c) rendering safer or more convenient the use of the airport for the landing or taking off of aircraft; (d) such other purpose as the Governor in Council may, by Order in Council, approve. (2) Section 62A of the Harbours Act 1955-1989 does not apply to land acquired or taken in accordance with this section. 7. Power to grant leases . (1) Section 64 of the Harbours Act 1955- 1989 applies in respect of the granting of a lease, licence, or permit to use or occupy land comprising the airport in the same way as it applies to the granting of a lease, licence or permit to use or occupy harbour lands within the meaning of that Act. (2) Section 65 of the Harbours Act 1955-1989 applies in respect of the granting of a lease or licence for the use or occupation of buildings, works, machines, conveniences and appliances belonging to or provided by the Authority on the land comprising the airport, in the same way as it applies to the granting of a lease or licence under that section. 8. Disposal of airport land. Subject to section 66 of the Harbours Act 1955-1989 and the Transfer Deed, the Authority may sell , exchange, transfer, grant an easement over, or otherwise dispose of , land comprising the airport. 9. By-laws. (1) The Authority may make by-laws for the safe and efficient management and operation of the airport and for the more effective performance and exercise of its functions and powers in relation to the airport. (2) For the purposes of this section, Part V of the Harbours Act 1955-1989 (other than section 101) applies with necessary modifications to and in respect of the operations of the airport in the same way as that Part applies to and in respect of the harbour operations of a Harbour Board and without limiting the generality of the foregoing, any by-laws made pursuant to this section may contain provisions- (a) regulating traffic, whether pedestrian or vehicular, and the provision and use of parking places at the airport; (b) providing for the security of the airport and, in particular, prescribing the times, terms and conditions upon which the public may enter or be in or on the airport; (c) prescribing the charges that may be made by the Authority for the use of the airport or any part of it or any service,

Mackay Airport Act 1989, No. 82 1069 facility, or convenience provided at the airport (including charges for parking of vehicles and aircraft); (d) prescribing the charges that may be made by the Authority for goods discharged from or loaded onto an aircraft at the airport; (e) providing for the manner of levying or charging and collecting the prescribed charges and by whom and in what manner and within what period the same must be paid to the Authority or person authorised by the Authority or prescribed in that behalf; and (f) providing for exemptions from all or any classes of charges leviable or chargeable and payable in relation to the airport of any aircraft, persons or goods or classes thereof, or as otherwise so prescribed, and all or any of such exemptions may be so prescribed so as to apply generally or so as to apply only in the circumstances prescribed or as prescribed. 10. Recovery of charges . Any charge payable under by-laws made under section 9, if not paid before the expiration of the period prescribed, may be recovered from the person liable to pay the charge in a court of competent jurisdiction as a debt due to the Authority. 11. Finances . (1) Part VI of the Harbours Act 1955-1989 applies with the necessary modifications (if any), to and in respect of the operations of the airport in the same way as that Part applies to and in respect of the harbour operations of a Harbour Board. (2) Subject to subsection (3) the revenue received by the Authority under this Act must be applied for the purpose of this Act and must not be treated as part of the revenues of the Authority for the purposes of the Harbours Act 1955-1989 and the revenues received under that Act must not be applied or expended for the purposes of this Act. (3) Subject to the authority of the Governor in Council being given by Order in Council under section 107 of the Harbours Act 1955-1989 financial arrangements may be made for moneys for the time being forming part of a fund established and kept by the Authority under section 105 (1) (b) of that Act for the purpose of the acquisition, improvement or replacement of assets for the benefit of the harbour of Mackay to be applied for the purposes of this Act as specified in the Order in Council, on terms and conditions as the Governor in Council thinks fit including the terms of repayment of those moneys to that fund, as may be specified in the Order in Council.

1070 Mackay Airport Act 1989, No. 82 12. Funds. The Authority is authorised to establish and maintain in accordance with this Act the following funds:- (i) An Airport Operations Fund; and (ii) An Airport Loans Fund. 13. Airport Operations Fund . (1) The Authority must pay or cause to be paid into the Airport Operations Fund all moneys arising from:- (i) charges prescribed by by-law under this Act; (ii) lease rentals and licence or permit fees; (iii) any source when such moneys are not required by this Act to be paid into any other fund. (2) Moneys from time to time forming the Airport Operations Fund must be applied to- (a) expenditure necessarily incurred by the Authority in the exercise of its powers, authorities , functions , duties, and obligations under this Act in respect of the airport save where this Act expressly provides that such expenditure should be charged to any other fund kept by the Authority; (b) payment in accordance with the regulations of moneys to a prescribed fund kept pursuant to section 15. 14. Airport Loan Fund . (1) The Authority must pay or cause to be paid into the Airport Loan Fund all moneys received by the Authority by way of a loan, subsidy or grant in respect of the works or purposes pertaining to the Airport for which the loan has been authorised or for which the subsidy or grant has been paid. (2) The Airport Loan Fund must be applied to expenditure necessarily incurred by the Authority in carrying out the works or purposes for which it was authorised to borrow the money or for which the subsidy or grant was paid to it and not otherwise. 15. Other Prescribed Funds. (1) The Governor in Council may, by regulation made under this Act , prescribe one or more other funds to be established and kept by the Authority and the purposes for which such funds are to be applied. (2) The Authority must establish and maintain all funds as are prescribed and cause the moneys for the time being forming such a fund to be applied to the purpose prescribed in respect of that fund. 16. Banking Accounts . ( 1) In respect of any fund established and kept by the Authority pursuant to sections 12 or 15 , the funds must be kept separate and distinct and a separate banking account may be kept for each fund or a consolidated banking account may be kept for all or any of the funds. (2) In respect of any consolidated banking account, the accounts of the Authority must be so kept that the balances of the several funds included therein are readily ascertainable at any time.

Mackay Airport Act 1989, No. 82 1071 17. Exemption from rates . The land comprising the Mackay Airport is not rateable for the purposes of the Local Government Act 1936-1989 unless such land is for the time being held or used by a person other than the Authority. 18. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act- (a) with respect to all matters for which he is empowered to prescribe in accordance with the Harbours Act 1955-1989; (b) required or permitted by this Act to be prescribed and for which no other mode of prescription is provided; and (c) which, in his opinion, are necessary or convenient for the proper administration of this Act or the proper exercise or performance by the Authority of its powers, authorities, functions, duties and obligations or to achieve the objects and purposes of this Act. (2) Until a regulation is made under this Act with respect to any matter a regulation made under the Harbours Act 1955-1989 with respect to that matter, having application in relation to harbours generally or to Harbour Boards generally and subsisting at the commencement of this Part applies with necessary modifications in relation to the airport in the same way as it applies to and in respect of harbour works the property of a Harbour Board or to the Authority in respect of those works and is deemed to have been made under this Act. 19. Protection of Authority and persons acting in pursuance of Act. Anything done by the Authority or any person in or as an incident in the performance of a duty imposed by this Act or the exercise of a power conferred by this Act and done in good faith and without negligence does not render the Authority or persons concerned liable in respect thereof. 20. Saving as to Commonwealth powers. Nothing in this Act affects the powers of the Commonwealth in respect of the matter of air transport referred to the parliament of the Commonwealth by the CommonwealthPowers (Air Transport) Act 1950, and, without limiting the generality of the foregoing, nothing in this Act or the agreement can be construed as authorising the Authority to- (a) operate an air transport business or an air service for the carriage of passengers or cargo; (b) own, lease, or operate aircraft; or (c) control the taking off, landing, or flight of aircraft. 21. Evidentiary provisions . In a proceeding for the purposes of this Act- (a) a document purporting to be signed by the secretary of the Authority stating that any prescribed charge is payable by

1072 Mackay Airport Act 1989, No. 82 a person to the Authority and has not been paid is, upon its production in that proceeding, evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the document; (b) a document purporting to be signed by the secretary of the Authority stating that on a particular date an aircraft landed at or took off from the airport is, upon its production in that proceeding, evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the document.