Airport Act 1991 (NI)

Airport Act 1991

No. 6, 1991

Compilation No. 3

Compilation date:   13 August 2019

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

TABLE OF PROVISIONS

 1. Short title

 2. Definitions

 3. Approved fees for landing, take‑off and movement of aircraft

 3C. Seizure of aircraft

 3D. Sale of aircraft

 3E. Application of proceeds of sale

 3F. Protection from legal actions

 3G. Regulations

 4. Saving

Airport Act 1991

An Act relating to the Norfolk Island Airport

Short title

 1. This Act may be cited as the Airport Act 1991.

Definitions

 2. In this Act, unless the contrary intention appears —

“airport” means the land referred to in Schedule 1;

“authorised officer” means a person authorised by the Chief Executive Officer in writing for the purposes of section 3C;

“outstanding amount”, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.

“transfer deed” means the deed relating to the airport made on 25 February 1991 between the Commonwealth and the Administration.

Approved fees for landing, take‑off and movement of aircraft

 3. (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.

  (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.

  (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.

Seizure of aircraft

 3C. (1) If an approved fee in respect of an aircraft remains unpaid at the end of 90 days after the day on which it became due for payment, an authorised officer —

(a) may at any time, seize the aircraft; and

(b) may keep possession of the aircraft until all outstanding amounts are paid.

  (2) The authorised officer must take reasonable steps to give notice of the seizure to the following persons —

(a) persons who, in the opinion of the authorised officer, have a security interest in the aircraft;

(b) each person who is an owner, operator, lessee, hirer, charterer or pilot in command, of the aircraft;

(c) any other persons prescribed by the Regulations.

  (3) A notice under subsection 3C(2) must —

(a) identify the aircraft that has been seized; and

(b) state that the aircraft has been seized under this section;

(c) specify the reason for the seizure.

Sale of aircraft

 3D. (1) This section applies if the outstanding amount remains unpaid at the end of 90 days after the day on which the aircraft was seized under section 3C.

  (2) The Chief Executive Officer may —

(a) sell the aircraft by public auction or tender;

(b) execute all documents necessary for effecting the sale;

(c) give effective title to the aircraft free of all encumbrances, leases and contracts of hire.

  (3) Before selling the aircraft, the Chief Executive Officer must take reasonable steps to give reasonable notice of the sale to the persons referred to in subsection 3C(2).

Application of proceeds of sale

 3E. For the purposes of the distribution of the proceeds of a sale made under section 3D, payment to the Administration of the outstanding amount ranks in priority before any other interest in the aircraft, either secured or unsecured.

Protection from legal actions

 3F. (1) No action lies against the Chief Executive Officer, the Administration, an agent or employee of the Administration or an authorised officer, for or in respect of any of the following:

(a) loss of, or damage to, an aircraft during its seizure in accordance with section 3C;

(b) loss of, or damage to, an aircraft so seized while it is in the custody, possession or control of the Administration or an agent or employee of the Administration;

(c) any economic loss suffered by a person as a result of such a seizure or sale under section 3D.

  (2) Subsection 3F(1) does not cover loss or damage that is wilfully or negligently caused by an agent or employee of the Administration.

Regulations

 3G. (1) The Administrator may make Regulations not inconsistent with this Act, prescribing matters —

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

  (2) Without limiting subsection 3G(1), Regulations may be made in relation to —

(a) control of access onto the airport; and

(b) security and safety at the airport; and

(c) control of commercial activities at the airport; and

(da) steps that will be taken to be reasonable for the purposes of giving notice under subsection 3C(2); and

(e) prescribing penalties, not exceeding  —

(i) for a first offence  —  20 penalty units; and

(ii) for a second offence   —  30 penalty units; and

(iii) for a subsequent offence  —  50 penalty units,

for a breach or contravention of the Regulations.

Saving

 4. Nothing in this Act is to be taken to imply that, in respect of the period beginning on 1 March 1991 and ending on the date of commencement of this Act, the Administration did not have power to impose landing or other charges in relation to the airport by virtue only of the Administration’s ownership of the airport.

 SCHEDULE 1 Section 2

 Description of Norfolk Island Airport

LAND

comprising all that piece of land situated in Norfolk Island as shown on the plan attached hereto containing an area of 120.1 hectares more or less:  COMMENCING at a point on the southern side of Douglas Drive being the northwestern corner of Portion 35p1 and bounded thence by the southwestern boundary of Portion 35p1 bearing 128 degrees 39 minutes 10 seconds for 146.325 metres to a western boundary of Ferny Lane thence generally southerly by boundaries of that road bearing 187 degrees 44 minutes 30 seconds for 28.655 metres 197 degrees 26 minutes for 144.14 metres 163 degrees 25 minutes 20 seconds for 56.05 metres 141 degrees 48 minutes 30 seconds for 124.77 metres 158 degrees 56 minutes 30 seconds for 28.08 metres 177 degrees 47 minutes for 17.68 metres 206 degrees 24 minutes 40 seconds for 24.32 metres 235 degrees 53 minutes for 21.11 metres 256 degrees 49 minutes for 56.6 metres 250 degrees 34 minutes 20 seconds for 46.165 metres 236 degrees 59 minutes 30 seconds for 79.08 metres 231 degrees 20 minutes for 63.94 metres 206 degrees 32 minutes 10 seconds for 185.59 metres 163 degrees 47 minutes 20 seconds for 50.94 metres 131 degrees 10 minutes 50 seconds for 54.11 metres 87 degrees 41 minutes 30 seconds for 105.5 metres 80 degrees 41 minutes 50 seconds for 106.8 metres 80 degrees 51 minutes 50 seconds for 34.73 metres 106 degrees 49 minutes for 28.445 metres 134 degrees 6 minutes for 36.39 metres 165 degrees 26 minutes 30 seconds for 41.605 metres 169 degrees 9 minutes 20 seconds for 174.39 metres thence across Ferny Lane by a line bearing 131 degrees 7 minutes for 29.61 metres to a point on the eastern side of Ferny Lane being a western corner of Portion 60a4(rem) thence generally southerly and westerly by the boundaries of that Portion and the boundaries of Portions 60c(rem) and 176a1 bearing 148 degrees 30 minutes 30 seconds for 40.81 metres 123 degrees 9 minutes 50 seconds for 137.16 metres 138 degrees 5 minutes 50 seconds for 44.175 metres 168 degrees 9 minutes 50 seconds for 44.18 metres 198 degrees 9 minutes 50 seconds for 44.18 metres 213 degrees 9 minutes 50 seconds for 100.58 metres 223 degrees 59 minutes 50 seconds for 32.08 metres 245 degrees 39 minutes 50 seconds for 32.08 metres 256 degrees 29 minutes 50 seconds for 129.39 metres to a point on the eastern side of New Farm Road thence generally northwesterly and southwesterly by the boundaries of that road bearing 343 degrees 9 minutes 50 seconds for 79.98 metres 342 degrees 59 minutes 20 seconds for 28.475 metres 343 degrees 7 minutes 40 seconds for 76.12 metres 304 degrees 32 minutes 50 seconds for 187.63 metres 271 degrees 37 minutes 30 seconds for 40.54 metres 315 degrees 14 minutes 30 seconds for 119.39 metres 304 degrees 35 minutes for 195.28 metres 240 degrees 22 minutes for 527.84 metres 241 degrees 13 minutes 20 seconds for 248.17 metres 228 degrees 29 minutes 30 seconds for 249.62 metres 264 degrees 40 minutes 40 seconds for 25.55 metres 300 degrees 53 minutes for 46.29 metres to its intersection with Captain Quintal Drive thence generally by the eastern and southeastern boundaries of that road bearing 327 degrees 36 minutes 50 seconds for 28.21 metres 11 degrees 55 minutes 50 seconds for 23.58 metres 38 degrees 53 minutes 40 seconds for 60.16 metres 48 degrees 57 minutes for 96.1 metres 50 degrees 18 minutes 30 seconds for 317.9 metres 41 degrees 30 minutes 10 seconds for 85.83 metres 49 degrees 58 minutes 10 seconds for 167.07 metres 339 degrees 40 minutes 10 seconds for 30.82 metres to the southwestern corner of Portion 75L thence by southeastern and northeastern boundaries of Portion 75L bearing 38 degrees 9 minutes 40 seconds for 56.13 metres 308 degrees 9 minutes 40 seconds for 125.52 metres thence by northeastern, southeastern, northeastern and southeastern boundaries of Portions 158b4, 158a2 and 158a3 respectively bearing 307 degrees 50 minutes 40 seconds for 53.81 metres 37 degrees 51 minutes 50 seconds for 70.49 metres 302 degrees 20 minutes 10 seconds for 942.24 metres 38 degrees 2 minutes for 213.49 metres to a point on the southwestern side of Anson Bay Road thence by the boundary of that road bearing 126 degrees 7 minutes 10 seconds for 33.87 metres to its intersection with the southern side of Douglas Drive thence by the boundaries of that road bearing 86 degrees 38 minutes 40 seconds for 140.74 metres 86 degrees 35 minutes 40 seconds for 112.75 metres to the northwestern corner of Portion 174 (rem) thence by the southwestern and southeastern boundaries of that Portion bearing 124 degrees 36 minutes 10 seconds for 679.71 metres 34 degrees 31 minutes 30 seconds for 244.74 metres thence by the southeastern boundaries of Portions 174a and 167 bearing 51 degrees 9 minutes for 278.9 metres 38 degrees 20 minutes 10 seconds for 72.72 metres to the southern side of Douglas Drive thence by the boundaries of that road bearing 126 degrees 12 minutes 10 seconds for 63.6 metres 67 degrees 10 minutes for 150.31 metres and 68 degrees 41 minutes 40 seconds for 8.37 metres to the point of commencement.

NOTES

The Airport Act 1991 as shown in this consolidation comprises Act No. 6 of 1991 and amendments as indicated in the Tables below.

Table of Amendments