Variation of Airport Lease - Reduction in Leased Area Determination No. 1 of 2014

Overview

The Variation of Airport Lease - Reduction in Leased Area Determination No. 1 of 2014 was enacted to address the need for reducing the leased area at Brisbane Airport as per the request submitted by the Brisbane Airport Corporation Pty Limited on 14 August 2014. This Determination was made under subsection 163A(1) of the Airports Act 1996 by Warren Truss, the Minister for Infrastructure and Regional Development, and it took effect on 26 September 2014, the day it was published in the Gazette. The primary objective of this Determination is to facilitate the reduction of the leased area by removing specific land from the existing lease, thereby accommodating the needs of the Airport Lessee Company.

Scope and Application

The Variation of Airport Lease - Reduction in Leased Area Determination No. 1 of 2014 applies to the Registered Lease No. 702599136 dated 1 July 1997 between the Commonwealth and the Brisbane Airport Corporation Pty Limited, a company identified by its Australian Business Number 54 076 870 650. The Determination impacts the land defined as Lot 101 on Survey Plan SP238997 in the Parish of Toombul, County of Stanley, within the Local Government Area of Brisbane City. This instrument operates under the Airports Act 1996, specifically pursuant to subsection 163A(1), and takes effect from the date of its publication in the Gazette, which was 26 September 2014. The Determination was executed by Warren Truss, who was the Minister for Infrastructure and Regional Development at the time. The scope of the Act extends to the modification of the lease by removing the specified land from the Leased Area, as requested by the Airport Lessee Company on 14 August 2014. This act does not specify any exclusions, exemptions, or thresholds, and its application is limited to the particular circumstances of this request.

Key Provisions

The Variation of Airport Lease - Reduction in Leased Area Determination No. 1 of 2014 (sections 1-4) establishes the terms under which the leased area of Brisbane Airport is to be reduced. Specifically, it removes Lot 101 on Survey Plan SP238997 in the Parish of Toombul, County of Stanley, Local Government Area of Brisbane City from the Leased Area as defined in the Airports Regulations 1997. This reduction follows a request from the Airport Lessee Company, Brisbane Airport Corporation Pty Limited, dated 14 August 2014, and is made under subsection 163A(1) of the Airports Act 1996. The Act imposes specific obligations on the Airport Lessee Company and the Commonwealth. The Airport Lessee Company must ensure that all operations and activities on the reduced Leased Area comply with any remaining lease terms and applicable aviation regulations. The Commonwealth, as the lessor, is required to update the relevant records to reflect the changes in the lease terms, ensuring that the updated lease information is accurately represented in all official documents and records. Both parties must adhere to any additional conditions stipulated in the Airports Act 1996 and the Airports Regulations 1997. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of this Determination. However, any breach of the terms of the lease or related regulations could potentially result in legal action under the broader provisions of the Airports Act 1996 and the Airports Regulations 1997. These could include actions for breach of contract, administrative penalties, or other legal remedies available under Australian law. The exact penalties would depend on the nature and severity of the breach, and could range from fines to more severe legal consequences.