Variation of Sydney West Airport Lease - Reduction in Leased Area Determination No. 1 of 2024

Overview

The Variation of Sydney West Airport Lease - Reduction in Leased Area Determination No. 1 of 2024, enacted by CATHERINE KING, the Minister for Infrastructure, Transport, Regional Development and Local Government, was introduced to address a request from the Airport Lessee Company, WSA Co Limited, to modify the existing lease of Sydney West Airport. This determination was made under subsection 163A(1) of the Airports Act 1996, and it responds to a request dated 16 October 2023 to reduce the leased area of the airport by removing specific land parcels as outlined in the New South Wales certificates of title. The policy objective behind this determination is to facilitate flexibility in the management and operation of the airport by accommodating the lessee's requirements for the specified land areas. This instrument took effect on the day it was published in the Gazette, thereby officially varying the lease as requested.

Scope and Application

The Variation of Sydney West Airport Lease - Reduction in Leased Area Determination No. 1 of 2024 applies specifically to the Registered Lease No. AN347259 between the Commonwealth and WSA Co Limited, which is identified as the Airport Lessee Company in this context. The determination follows a request by the Airport Lessee Company to reduce the leased area, a process authorised under subsection 163A(1) of the Airports Act 1996. The specific areas of land affected are those listed in the New South Wales certificates of title for certain lots in the County of Cumberland, Parish of Bringelly. This determination affects the geographic scope within the state of New South Wales, as it pertains to the specified land parcels. The commencement of this determination is effective from the day it is published in the Gazette. It is important to note that this determination does not extend beyond the specified parcels of land, and any other areas or conditions not mentioned remain unaffected by this particular legislative instrument.

Key Provisions

The main operative sections of the Variation of Sydney West Airport Lease - Reduction in Leased Area Determination No. 1 of 2024, under the Airports Act 1996, specify that the lease between the Commonwealth and WSA Co Limited (ACN 618 989 272) is varied to reduce the leased area. This reduction pertains to specific lots on certain deposited plans within the County of Cumberland, Parish of Bringelly, as detailed in section 3 of the Determination. Section 4(1) of the Determination confirms the authority of the Minister, Catherine King, to make this decision based on a request from the Airport Lessee Company, dated 16 October 2023, to alter the terms of the Registered Lease No. AN347259 dated 17 May 2018. Section 4(2) of the Determination formalises the alteration by removing the specified land from the leased area. The Act imposes certain obligations and requirements on the parties involved. Firstly, it mandates that the Airport Lessee Company submit a formal request for variation of the lease, as seen in the request dated 16 October 2023. Secondly, the Minister must review and assess the request, ensuring it aligns with the legislative framework and the interests of the Commonwealth. Once the request is approved, the Minister has the authority to make the necessary amendments to the lease, as outlined in section 4 of the Determination. This includes the precise identification and removal of the specified land from the leased area, ensuring compliance with the terms of the Registered Lease No. AN347259. The Determination also outlines potential consequences for non-compliance with its provisions. While the Determination itself does not explicitly state penalties for breach, the overarching Airports Act 1996 may impose various civil or criminal penalties for failure to adhere to the conditions set forth in the Act. These could include fines or other legal actions depending on the severity and nature of the breach. The specific penalties would be determined by the courts based on the relevant provisions of the Act and any applicable regulations. It is essential for all parties to comply with the terms of the Determination to avoid any adverse legal consequences.