Slot Management Scheme Amendment Determination 1999 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2005B01303 Not in force Legislative Instrument

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Slot Management Scheme Amendment Determination 1999 (No. 1)

I, JOHN DUNCAN ANDERSON, Minister for Transport and Regional Services, acting under subsection 44 (2) of the Sydney Airport Demand Management Act 1997:

(a)    determine that the Slot Management Scheme 1998 is amended as set out in Schedules 1 and 2 to this Determination; and

(b)    specify that the amendments in Schedule 1 come into force on 8 November 1999; and

(c)    specify that the amendments in Schedule 2 come into force on 16 October 2000.

This Determination is the Slot Management Scheme Amendment Determination 1999 (No. 1).

Dated 1st of November


1999.


 




inister for Transport and Regional Services


 

 

 

Schedule 1 Amendments of Slot Management Scheme 1998 commencing on
8 November 1999

Schedule 1        Amendments of Slot

Management Scheme 1998 commencing on 8 November 1999

[1]       Subsection 2 (1), after definition of northern winter

insert

Olympic period means the period beginning at the first moment of 1 September 2000 and ending at the last moment of 15 October 2000 (in each case according to the legal time in New South Wales).

[2]       After subsection 2 (1)

insert

(1A) In this Scheme, a reference to a slot within the Olympic period includes such a slot that forms part of a slot group or slot series that includes slots not within that period.

(IB) In this Scheme, a reference to a firm arrangement for parking an aircraft is a reference to an agreement or promise to provide a parking space for the aircraft that:

(a)    is contractually binding; or

(b)    the Slot Manager is satisfied, after making any appropriate inquiries, will be complied with.

Slot Management Scheme Amendment Determination 1999 (No, 1)

 

Amendments of Slot Management Scheme 1998 commencing on Schedule 1

8 November 1999

[3]       After subsection 14 (4)

insert

(5) The Slot Manager may direct an applicant seeking a slot within the Olympic period to provide with the application:

(a) details of the arrangements that the applicant has made for parking the aircraft; and

(b) if any such arrangement was recorded in a document — a copy of the document.

[4]       After section 16

insert

16A       Special rule for Olympic period

(1) In spite of any other provision of this Division, the Slot Manager must not allocate a slot within the Olympic period for the arrival of an aircraft unless:

(a) the operator has a firm arrangement to park the aircraft; and

(b) the operator already has, or at the same time obtains, a slot for the departure of the aircraft.

(2) For paragraph (1)(b), the operator may obtain, or may have obtained, the departure slot either by allocation or by slot swap.

Slot Management Scheme Amendment Determination 1999 (No. 1)

 

Schedule 1 Amendments of Slot Management Scheme 1998 commencing on
8 November 1999

[5]       After section 28

insert

28A       Special rule for Olympic period

(1) In spite of section 28, the Slot Manager must not allocate a slot within the Olympic period for the arrival of an aircraft unless:

(a) the operator has a firm arrangement, to park the aircraft; and

(b) the operator already has, or at the same time obtains, a slot for the departure of the aircraft.

(2) For paragraph (1)(b), the operator may obtain, or may have obtained, the departure slot either by allocation or by slot swap.

[6]       After section 29

insert

29A       Slot swaps special rule for Olympic period

(1) In spite of subsection 29(3), the Slot Manager must not approve a slot swap of a slot within the Olympic period for the arrival of an aircraft unless:

(a) the operator that is to obtain the slot has a firm arrangement to park the aircraft; and

(b) the operator already has, or at the same time obtains, a slot for the departure of the aircraft.

(2) For paragraph (1)(b), the operator may obtain, or may have obtained, the departure slot either by allocation or by slot swap.

Slot Management Scheme Amendment Determination 1999 (No. 1)

 

Amendments of Slot Management Scheme 1998 commencing on Schedule 2

16 October 2000

Schedule 2        Amendments of Slot

Management Scheme 1998 commencing on 16 October 2000

[1]       Subsection 2 (1), definition of Olympic period

omit

[2]       Subsections 2 (1 A) and (1B)

omit

[3]       Subsection 14 (5)

omit

[4]       Section 16A

omit

[5]       Section 28A

omit

[6]       Section 29A

omit

Slot Management Scheme Amendment Determination 1999 (No. 1)

Overview

The Slot Management Scheme Amendment Determination 1999 (No. 1) was enacted to address the specific operational needs of Sydney Airport during the Sydney 2000 Olympic Games, which required modifications to the existing Slot Management Scheme 1998. This legislative instrument was made by the Minister for Transport and Regional Services under the authority of the Sydney Airport Demand Management Act 1997. The policy objective was to ensure efficient and orderly management of airport slots during the Olympic period, enhancing safety and operational efficiency at Sydney Airport. The amendments introduced additional rules to manage the allocation and swapping of slots specifically for the Olympic period, requiring operators to have firm arrangements for aircraft parking and ensuring departure slots were secured alongside arrival slots. These amendments came into force at staggered dates to align with the Olympic period and were subsequently repealed after the conclusion of the Games.

Scope and Application

The Slot Management Scheme Amendment Determination 1999 (No. 1) amends the Slot Management Scheme 1998 to introduce specific requirements and conditions for the allocation of slots at Sydney Airport during the Olympic period. This legislation applies to the Slot Manager, which is the entity responsible for managing the allocation of airport slots, and to air operators seeking to schedule flights during the specified period. The amendments focus on the Sydney Airport, thus their geographic reach is limited to the Commonwealth. The changes introduced by the Determination include the definition of the Olympic period, the necessity for a firm arrangement for aircraft parking, and the requirement for operators to have a departure slot when applying for an arrival slot within the Olympic period. These amendments are in effect from 8 November 1999 and 16 October 2000, with certain provisions being omitted after the Olympic period. The Determination allows for further regulation through subordinate instruments, which may extend or restrict the application of the amended provisions.

Key Provisions

The Slot Management Scheme Amendment Determination 1999 (No. 1) amends the Slot Management Scheme 1998, primarily to introduce specific rules and definitions for the Olympic period. The amendments, detailed in Schedule 1, come into effect on 8 November 1999, with additional changes outlined in Schedule 2 to take effect on 16 October 2000. Under the amendments, the term "Olympic period" is defined as the period beginning on 1 September 2000 and ending on 15 October 2000. The amendments also include a definition for "firm arrangement for parking an aircraft," which refers to a contractually binding agreement or a promise that the Slot Manager is satisfied will be complied with. These provisions are critical in establishing the legal framework for managing aircraft slots during the Olympic period. The Slot Management Scheme Amendment Determination imposes specific obligations on the Slot Manager and aircraft operators regarding the allocation and swapping of slots during the Olympic period. The Slot Manager is required to ensure that a slot for the arrival of an aircraft within the Olympic period is only allocated if the operator has a firm arrangement for parking the aircraft and either already has or obtains a slot for the departure of the aircraft at the same time. Similarly, a slot swap involving an arrival slot within the Olympic period can only be approved if the operator has a firm parking arrangement and a corresponding departure slot. These stringent conditions aim to ensure efficient and orderly management of airport resources during the Olympic period. Failure to comply with the provisions of the Slot Management Scheme Amendment Determination can result in significant legal consequences. Although the determination does not explicitly state penalties for non-compliance, breaches of the Slot Management Scheme 1998, as amended, could potentially lead to enforcement actions under the Sydney Airport Demand Management Act 1997. Such actions could include fines, administrative penalties, or other legal remedies to ensure adherence to the scheme's requirements. The specific penalties would be determined in accordance with the broader legislative framework governing Sydney Airport operations.

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