• About Mackay Airport
  • Mackay Airport Profile
  • Airport History
  • Conditions of Use
    1. About these Standard Conditions and Mackay Airport
    2. Our Service Charter and Service Performance
    3. Your use of Mackay Airport
    4. Information you must give us
    5. Parking and aircraft removal
    6. Mackay Airport Allocation Rules
    7. Mackay Airport security
    8. Insurance
    9. Interruptions to Airport Services
    10. Aviation Charges
    11. Things that can change Aviation Charges
    12. Government Mandated Costs and Government Mandated Charges
    13. Payment of Aviation Charges and Government Mandated Charges
    14. Credit accounts for Aviation Charges and Government Mandated Charges
    15. Indemnities and release
    16. Statistical information
    17. Acts and regulations
    18. GST (Goods and Services Tax)
    19. Privacy and data protection
    20. Confidential Information
    21. Dispute resolution
    22. Notices
    23. Definitions
  • Schedules

Mackay Airport Conditions of Use

1. About these Standard Conditions & Mackay Airport

1.1 Users of Mackay Airport

All airlines and aircraft operators who use Mackay Airport on or after the Start Date are subject to these standard conditions unless we have agreed different conditions with you. Subject to clause 1.6 and despite the fact that you do not sign these standard conditions, by using Mackay Airport on or after the Start Date you will be bound by these standard conditions and by all of our rules and reasonable directions.

1.2 Facilities & Services at Mackay Airport

We agree to supply Aviation Services, Government Mandated Services and, subject to clause 1.4, General Airport Services to you.

We will agree to supply Aviation Services and Government Mandated Services:

• a) in accordance with
  
  • i. these terms and conditions; and
  • ii. all applicable laws and regulations; and
  • iii. any and all service levels in the form of Performance Measures or, in the case of Government Mandated Services, as required by the Department or the relevant authority; and
• (b) with all due care and skill; and
• (c) otherwise in a manner consistent with world's best practice for a leading regional, domestic and international airport.

1.3 What these standard conditions cover

These standard conditions cover the provision of and the recovery of costs and charges for, Aviation Services and Government Mandated Services. We will recover the costs and charges of the provision of Aviation Services through the Aviation Charges and the costs and charges of the provision of the Government Mandated Services through the Government Mandated Charges.

1.4 What these standard conditions do not cover

These standard conditions do not cover the provision of General Airport Services provided by us or the recovery of costs and charges for these services. General Airport Services are available for use from us on separate commercial terms and at commercial rates.

1.5 Exclusions to Aviation Services and Government Mandated Services

For the avoidance of doubt, Aviation Services do not presently include the following services at Mackay Airport:

• (a) terminal navigation services; or
• (b) rescue and fire fighting services; or
• (c) en-route services; or
• (d) meteorological services; or
• (e) ground handling services; or
• (f) engineering services; or
• (g) security passenger screening services; or
• (h) security check bag screening services; or
• (i) fuelling services

We can provide to you a list of contractors and service agents providing these services currently at Mackay Airport upon your request. By providing you with this list we do not warrant their services.

*Note: You should also refer to Schedule 1 for a list of Aviation Services and other exclusions

1.6 Notification of these standard conditions

We will take all reasonable steps to notify you of these standard conditions before the Start Date. However, if after the Start Date you use Mackay Airport without being notified of these standard conditions, we will notify you by e-mail or other means of these standard conditions as soon as practicable after your first use of Mackay Airport after the Start Date. If you continue to use Mackay Airport after being notified of these standard conditions or after we notify you these standard conditions have been amended under this clause 1, then this will constitute acceptance by you of these standard conditions and as they are amended from time to time.

1.7 Payment of Aviation Charges and Government Mandated Charges

Despite anything set out in clause 1.1and 1.6 on and after the Start Date, you will be liable to pay the Aviation Charges and Government Mandated Charges whether or not you have been notified of these standard conditions before you use Mackay Airport.

1.8 Changing these standard conditions

Subject to clauses 1.9 and 1.10, we may change these standard conditions at any time, except Aviation Charges (as changes to Aviation Charges can only be made in accordance with clause 11).

1.9 Changes to these standard conditions

For Major Users of Mackay Airport, if we want to make changes to these standard conditions during the Term, we will:

• (a) notify you by e-mail or other means of a proposed change to these standard conditions and where it is practical to do so, we will notify you at least 90 days before the change is to take effect; and
• (b) consult with you, and negotiate in good faith with you, the proposed change to these standard conditions during the period of notice. You agree not to unreasonably or capriciously withhold or unduly delay your agreement to such change.

For Major Users, as soon as practicable after consulting with you and agreeing the changes to these standard conditions, we will notify you by e-mail or other means of the agreed changes to these standard conditions. We will also publish the agreed changes on the Web Site. If you are not a Major User of Mackay Airport, we will give you notice of any agreed changes to these standard conditions by e-mail or other means. For all users of Mackay Airport, if you continue to use Mackay Airport after we have notified you of the agreed changes, this will constitute acceptance by you of the agreed changes to these standard conditions.

1.10 Changes to Government Mandated Charges

Government Mandated Costs are imposed on us by the Commonwealth Government. The Commonwealth Government may change any or all of the following:

• (a) the Government Mandated Services we must provide at Mackay Airport; and
• (b) the amount of Government Mandated Costs payable by us; and
• (c) the basis upon which Government Mandated Costs are payable by us.

Accordingly, if any of these things happen, we will change the Government Mandated Charges and notify you by e-mail or other means of any changes to the Government Mandated Charges. We will manage Government Mandated Charges and Government Mandated Services in accordance with clause 12.6.

1.11 Access to Mackay Airport

We will provide access to Mackay Airport to you as described in these standard conditions and in accordance with the law. Generally, in providing you with access we will take reasonable steps to apply the following guidelines:

• (a) we will provide access to you and other prospective users to Mackay airport on reasonable terms, including these standard conditions (as they are changed from time to time under clauses 1.9 and 1.10); and
• (b) we will provide to you and other prospective users of Mackay Airport information that will enable these persons to identify and negotiate with us the timing of access, service levels relating to such access, cost of access and other commercial terms of access to prepare an application or proposal for access.

We want to encourage and support access by third parties to Mackay Airport provided that such access does not in any way compromise the safe and secure operation of Mackay Airport and such access is consistent with our current and future planning, in particular, our Airport Master Plan.

1.12 We may prohibit your use of Mackay Airport

We may prohibit any person from using Mackay Airport, but in so doing we will observe the provisions of the Transport Infrastructure Act 1994 and Transport Infrastructure (Airport Management) Regulations 1994 that relates to access to Mackay Airport, the obligations under any Bilateral Agreement and any other applicable law.

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