Slot Management Scheme Amendment Determination 2001 (No. 1)

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

Legislation au F2005B01324 Not in force Legislative Instrument

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Slot Management Scheme Amendment Determination 2001 (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, determine that the Slot Management Scheme 1998 is amended as set out in Schedule 1 to this Determination.

Dated 31 May 2001

JOHN ANDERSON

Minister for Transport and Regional Services

 

1 Name of Determination

  This Determination is the Slot Management Scheme Amendment Determination 2001 (No. 1).

2 Commencement

  This Determination commences on 1 June 2001.

3 Amendment of Slot Management Scheme 1998

  Schedule 1 amends the Slot Management Scheme 1998.

Schedule 1 Amendments

(section 3)

 

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

omit

ending at the end

insert

ends at the end

[2] Subsection 3 (1)

substitute

 (1) In this Part:

peak period means:

 (a) from 6 am to 11 am on a day other than a Saturday or Sunday; or

 (b) from 3 pm to 8 pm on a day other than a Saturday or Sunday.

 (1A) For this Part, if:

 (a) an operator applies for the allocation to it of a slot for a particular day; and

 (b) at the time that the Slot Manager decides about the application (the decision time), the operator holds 3 or fewer slots for that day;

the operator is a new entrant in relation to that day, unless, at the decision time:

 (c) 25% or more of the relevant interests in its shares (within the meaning given by subsection 11A (3) of the Air Navigation Act) are held by operators that each hold 4 or more slots for that day; or

 (d) it is effectively controlled by an operator that holds 4 or more slots for that day.

 (1B) For this Part, an operator that applies for the allocation to it of a slot for a particular day, and is not a new entrant in relation to that day, is an incumbent operator for that day.

[3] Subsection 6 (1)

omit

Subject to subsection (2)

insert

Subject to subsections (2) and (3A)

[4] Subsections 6 (2) and (3)

substitute

 (2) If an operator is allocated a new entrant slot for a day in a scheduling season, and the operator was, when the Slot Manager made a decision about the application, an incumbent operator for the day, the operator does not gain historical precedence to the slot unless the slot was also allocated in the previous equivalent scheduling season to an operator that was, when the Slot Manager made the decision about the application for that slot, an incumbent operator for that day.

 (3) For subsection (2), a slot is a new entrant slot for a day if the first operator to which it was offered under subsection 26 (1) or (3) in the scheduling season was a new entrant for that day.

 (3A) An operator does not gain historical precedence to:

 (a) a slot that is allocated to provide a service with an aircraft that has less than 18 passenger seats unless the slot is, or becomes, a Permanent Regional Service Slot; or

 (b) a peak period slot (other than a slot that is, or becomes, a Permanent Regional Service Slot) allocated to provide a regional service.

[5] Subsection 9 (5)

substitute

 (5) If the Slot Manager makes a declaration:

 (a) the operator concerned does not gain historical precedence to a slot mentioned in the declaration; and

 (b) the Slot Manager must withdraw the slot series or slot group at the same time as making the declaration if:

 (i) the operator did not have historical precedence to the slot series or slot group when the allocation was made; and

 (ii) the non-complying aircraft had less than 18 passenger seats.

[6] Subparagraph 10 (1) (b) (ii)

omit

seasons.

insert

seasons; or

[7] After subparagraph 10 (1) (b) (ii)

insert

 (c) if:

 (i) the operator gains historical precedence to it; and

 (ii) it is used for a regional service during the northern summer of 2001; or

 (d) if:

 (i) it is used for a regional service during the northern winter of 2001; and

 (ii) but for subsection 6 (3A), the operator would have gained historical precedence to it.

[8] Section 11

substitute

11 Who can apply for a slot

 (1) Subject to subsections (2) and (3), any operator may apply for a slot.

 (2) An operator may apply for a slot to provide a regional service only if:

 (a) the slot is a Permanent Regional Service Slot; or

 (b) the slot is not during a peak period; or

 (c) the Slot Manager is satisfied that the application is for a slot that will be used to meet a special need, and is not for 1 slot of a slot series or slot group; or

 (d) the slot is allocated for a regional service that is provided during the northern winter of 2001 by an operator that does not have historical precedence to it, and the Slot Manager, after taking into account any previous allocations and consulting with the operator, determines that the service is to be part of a year-round service.

 (3) An operator may apply for a slot series or slot group to operate a service that will be provided using an aircraft that has less than 18 passenger seats only if:

 (a) the operator has historical precedence to those slots; or

 (b) the slots are Permanent Regional Service Slots.

Note   An operator that has not fulfilled the statutory conditions to operate its proposed service can still apply, but may lose any resulting slot allocation if it does not fulfil those conditions: see section 33.

[9] Section 21

omit

sections 22 and 23.

insert

sections 22, 23, 24 and 25.

[10] After subsection 30 (3)

insert

 (4) For subsection (2), original time means the time of the slot when it first became a Permanent Regional Service Slot for section 10.

 

Overview

The Slot Management Scheme Amendment Determination 2001 (No. 1) was enacted to amend the Slot Management Scheme 1998, addressing issues related to the allocation and precedence of airport slots. This legislative instrument was made by John Duncan Anderson, the Minister for Transport and Regional Services, under subsection 44(2) of the Sydney Airport Demand Management Act 1997. The determination aims to introduce modifications that ensure a fair and structured approach to slot allocation, particularly in accommodating new entrants and managing peak periods. This amendment seeks to balance the needs of existing operators with the entry of new operators, while also considering the operational efficiency and service quality at Sydney Airport. The changes introduced by this determination include revised definitions of terms such as "peak period," the conditions under which new entrants can apply for slots, and the rules governing historical precedence of slots, all with the overarching objective of enhancing the management and allocation of airport slots effectively.

Scope and Application

The Slot Management Scheme Amendment Determination 2001 (No. 1) amends the Slot Management Scheme 1998, which governs the allocation of slots for air services at Sydney Airport. The amendments primarily relate to the definition and application of terms such as 'peak period', 'new entrant', and 'incumbent operator', and the conditions under which operators can apply for slots. The determination applies to operators seeking to provide air services at Sydney Airport, including both new entrants and incumbent operators. It is applicable within the Commonwealth of Australia and extends to the operations at Sydney Airport. Notably, the amendments exclude certain slots from gaining historical precedence under specific conditions, such as when an operator does not hold a sufficient number of slots or when the slot is intended for a service with an aircraft having fewer than 18 passenger seats. The determination also allows for further amendments through subordinate instruments, thereby extending its scope and application beyond the explicit provisions within the document itself.

Key Provisions

The Slot Management Scheme Amendment Determination 2001 (No. 1) amends the Slot Management Scheme 1998, primarily through changes detailed in Schedule 1. The key changes include the redefinition of the "peak period" (Schedule 1 [2]), clarification of when an operator is considered a "new entrant" (Schedule 1 [1A]), and modifications to the rules regarding the allocation of slots and historical precedence (Schedule 1 [3], [5], [7], [8], [10]). The Determination specifies that an operator is a new entrant if they hold three or fewer slots for a particular day and meet certain conditions, and it modifies the circumstances under which an operator gains historical precedence to a slot. The obligations imposed by this Determination on the parties involved, particularly the Slot Manager, include ensuring that slots are allocated according to the new definitions and rules, especially concerning new entrants and historical precedence. Operators must apply for slots in compliance with the amended definitions and requirements, such as ensuring that they meet the conditions for applying for slots during peak periods or for regional services. The Slot Manager must also ensure that slots are not allocated to operators who do not meet the specified criteria, particularly regarding new entrants and historical precedence. Failure to comply with the provisions of this Determination can result in several consequences. Firstly, if an operator does not gain historical precedence to a slot as per the amended rules, they may lose any slot allocation. For instance, if an operator is allocated a new entrant slot but was an incumbent operator at the time of the decision, they do not gain historical precedence unless specific conditions are met (Schedule 1 [3], [5], [7]). Additionally, if an operator uses a slot for a regional service during the northern summer or winter of 2001 under certain conditions, they may also not gain historical precedence (Schedule 1 [7]). Operators who do not meet the statutory conditions to operate their proposed service may lose any slot allocation they receive (Section 33). The exact penalties or consequences for such breaches are not specified in the Determination, but they could include the loss of slot allocations and potential legal repercussions for non-compliance with aviation regulations.

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