About Mackay Airport

Mackay Airport Conditions of Use

23 Definitions and interpretation

23.1 Definitions

In these standard conditions, the following words have the meanings below, except if the contrary is expressed:

Aircraft Turnaround means all of the following - aircraft arrival, aircraft parking, disembarkation of passengers (if any) and unloading of freight and cargo (if any), embarkation of passengers (if any) and loading of freight and cargo (if any) and aircraft departure.

Airport means Mackay Airport and includes:

a) the Land; and
b) any other land owned, developed, controlled or used in conjunction with the Land which we manage and operate as:
- i.an airport; or
- ii.a parking area; or
- iii.a commercial or recreational undertaking associated with an airport or a parking area; and
c) the improvements on the Land and the other land including, without limitation, all plant and equipment, fixtures, fittings, furniture and furnishings (other than the property that belongs to others), and where the context so requires includes any part of the Airport.

Airport Master Plan means the plan developed in accordance with the Transport Infrastructure Act 1994 and titled Mackay Airport 2000 Master Plan.

Allocation Rules means the allocation rules set out in Schedule 6 (as varied from time to time in accordance with clause 6) relating to use of the Mackay Airport Terminal Aircraft Bays, and Mackay Airport Terminal Baggage Handling Systems, and Mackay Airport Terminal Baggage Carousel and Mackay Airport Terminal Check-in Desks.

Aviation Charges means the charges payable by you which are determined from time to time under these standard conditions (and as at the Start Date the Aviation Charges are set out in Schedule 10) which relate to the provision of Aviation Services by us.

Aviation Services means those aircraft movement facilities and activities and passenger processing facilities and activities set out in Schedule 1 but excludes:

(a)services provided by us to commercial ground transport operators, fuel companies and fuel suppliers; and
(b)those services set out in clause 1.5.

Bilateral Agreement means any convention, protocol or agreement between the Commonwealth of Australia and any other Nation State recognised by the government as a Nation State.

Business Day means a day which is not a Saturday, Sunday or Public Holiday in Mackay.

Chargeable Passenger means all disembarking and embarking passengers at Mackay Airport including charter operations where the aircraft is hired for the carriage of passengers for reward in accordance with schedules and/or over fixed points but excluding infants and positioning crew.

Common User Conditions means the conditions for use of terminal facilities published (from time to time) by us for the Mackay Airport Terminal. As at the start Date, the conditions for the Mackay Airport Terminal are set out in Schedule 2.

Confidential Information means all Information relating to or developed in connection with or in support of either party's business disclosed or otherwise provided by one party to the other or otherwise obtained by either party which:

(a)is not trivial in character; or
(b)is not generally available to the public; or
(c)if generally available to the public, so became available to the public as a result of an unauthorised disclosure or otherwise by reason of a breach of confidence on the part of the other party.

Credit Application means an application to us in the form set out in Schedule 12.

Domestic Passenger means a person travelling on your aircraft (excluding Infants, Operating Crew and Positioning Crew but including Transfers and Transits) arriving at or departing from the Mackay Airport Terminal.

DoTaRS means the Commonwealth Department of Transport and Regional Services or any other Commonwealth department that has responsibility for the regulation of airports in Australia from time to time.

Financial Year means each year starting on 1 July and ending on 30 June.

General Airport Services means those services and facilities that we provide to users of Mackay Airport that are not Aviation Services or Government Mandated Services and include those services which are generally provided to airlines and aircraft operators at airports such as airline offices, passenger lounges, landside storage areas within terminal areas, staff carparking and leased sites and buildings for office, freight, aircraft maintenance, catering and similar services.

General Aviation means aircraft engaged in aerial work, freighter, ad hoc charter operations where the aircraft is hired for the carriage of passengers for reward but not in accordance with fixed schedules and/or over fixed points, empty charter positioning flights and private operations as defined in the Civil Aviation Regulations 1988 and for the purposes of the Conditions includes international services.

Government Mandated Charges means those charges levied by and payable by you on the bases set out in Schedule 11 to recover the Government Mandated Costs.

Government Mandated Costs means the costs incurred by us for providing to you the Government Mandated Services which are permitted to be passed through to airport users pursuant to a direction by the Minister.

Government Mandated Services means those services which we provide to you which are mandated by the Commonwealth Government (in applicable legislation and Ministerial or DoTaRS directions) or other lawful authority (including the DoTaRS) which include, but are not limited to, the services set out in clause 12.2.

Ground Handling Conditions means the conditions published by us (from time to time) under which you or ground handlers at Mackay Airport operate at the International Terminal and the Mackay Airport Terminal. As at the Start Date, the conditions for the International Terminal and the Mackay Airport Terminal are set out in Schedule 3.

GST means the tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 and any other related imposition Acts of the Commonwealth.

Infant means a person of the age of 2 years or less who does not occupy his or her own seat on the aircraft.

Information means all information regardless of its Material Form, relating to or developed in connection with:

(a)the business, technology or other affairs of the provider of the Confidential Information; or
(b)any systems, technology, ideas, concepts, know how, techniques, designs, specifications, blueprints, tracings, diagrams, models, functions, capabilities and designs (including without limitation, computer software, manufacturing processes or other information embodied in drawings or specifications), intellectual property or any other information owned or used by or licensed to the provider of the Confidential Information.

Interest Rate means the rate per annum charged by the National Australia Bank on overdraft accounts plus the appropriate margin as defined below:

30 days and over, the National Australia overdraft rate, plus a margin of 5%.

International Passenger means a person travelling on your aircraft (excluding Infants, Operating Crew, Positioning Crew, Transfers and Transits) arriving or departing from an International destination.

Land means the land described as Lot 381 on RP 711085, Lot 1 on RP 711078 Lot 1 on RP 842090, Lot 2 on RP 842090, Lot 1 on RP 714704, Lot 3 on RP 842090, lot 405 on CP 842088, Lot 443 on RP 724222, Lot 1 on RP 723311, Lot 2 on RP 723311, Lot 3 on RP 723311 and Lot 14 on SP108942, Parish of Howard and includes any buildings and any other improvements on the Land.

Mackay Airport means the Airport known as Mackay Airport, more particularly described in the Transport Infrastructure Act 1994.

Mackay Airport Terminal means that part of the Mackay Airport Terminal that is not the subject of a lease, licence or other right of exclusive occupation granted by us to an airline, aircraft operator or some other person for aviation related operations and is available for use by you on conditions determined by us from time to time and means that part of Mackay Airport primarily dedicated to airline and aircraft operations within, and to and from, Australia

Mackay Aerodrome Manual means our manual setting out rules and procedures about the operation of aircraft at Mackay Airport.

Mackay Airport Security Program means our security program and measures in place from time to time for Mackay Airport, which includes any security requirements imposed by the Department under Aviation Transport Security Act 2004 and the Aviation Transport Security Regulations 2005. or any other lawful authority for Mackay Airport as notified to you from time to time.

Major Aviation Infrastructure and Facilities Investments means those projects at Mackay Airport that we invest in to expand or improve Aviation Services including, but not limited to:

(a) runways, taxiways and apron; or
(b) aerobridges; or
(c) terminal and other buildings; or
(d) new developments (for example, New Large Aircraft (NLA) works and major new ground transport infrastructure.

Major Users means:

(a)the airline or aircraft operators that are the major users of Mackay Airport and together constitute at least 50% of the Aviation Charges revenue for Mackay Airport. At the Start Date, this includes Qantas Group including Qantas Airways Limited, Jetstar Airways Pty Ltd and Qantaslink, and Virgin Blue Airlines Pty Ltd, and Tiger Airways.

Management Committee means the committee established by you and us comprising two of your senior executives and two of ours, or such other number as the parties agree.

Material Form in relation to Information, includes any form (whether visible or not) of storage from which the Information can be reproduced and any form in which the Information is embodied or encoded.

Minor Aviation Infrastructure and Facilities Investments means those projects that we invest in which are not Major Aviation Infrastructure and Facilities Investments.

MTOW means the maximum take-off weight certified for each aircraft operated by you at Mackay Airport.

Operating Crew means airline employees operating as flight or cabin crew on an arriving or departing aircraft at Mackay Airport.

Our Bank Account means the bank account held by us at our principal bankers and notified to you from time to time.

Penalty Interest Rate means the rate per annum charged by the National Australia Bank on overdraft accounts plus the appropriate margin as defined below:

30 days and over, the National Australia overdraft rate plus a margin of 5%.

Performance Measures means the areas of Airport facilities and Aviation Services that we will measure our performance against under clause 2. The Performance Measures are set out in clause 2.9.

Positioning Crew means airline flight and cabin crew, other than Operating Crew, arriving into, or departing from, Mackay Airport on company duty travel for the purposes of positioning for, or returning from, crewing duties.

Service Charter means our service charter for Mackay Airport explained in clauses 2.4 and 2.5.

Start Date means 1 July, 2007.

Term means 2 years commencing on the Start Date.

Terminal means that part of the Terminal that is not the subject of a lease, licence or other right of exclusive occupation granted by us to an airline, aircraft operator or some other person for aviation related operations and is available for use by you on conditions determined by us from time to time and means that part of Mackay Airport primarily dedicated to airline and aircraft operations within Australia.

Terminal means Mackay Airport Terminal

The Department means the Commonwealth Department of Infrasructure, Transport, Regional Develppmemt and Local Government or any other Commonwealth department that has responsiblity for the regulation of airports in australia from time to time.

Transfer means Transfer Passenger (Domestic) and Transfer Passenger (International)

Transfer Passenger (Domestic) means a Domestic Passenger whose origin and destination is an airport, other than Mackay Airport, serviced by a different flight.

Transit means a Domestic Passenger who disembarks at Mackay Airport and whose origin and destination is an airport, other than Mackay Airport, serviced by the same flight or flight code number.

Web Site means our world wide web page at the URL www.mackayairport.com.

You or Your means the person operating an aircraft that arrives at or departs from Mackay Airport.

23.2 Interpretation

Unless expressed to the contrary:

a) words importing:
- i. the singular include the plural and vice versa; and
- ii. any gender includes the other gender; and
b) a reference to:
- i. a person includes a firm, partnership, joint venture, unincorporated association, corporation or other body corporate and a government or statutory body or authority; and
- ii. a person includes its legal personal representatives, successors and assigns; and
- iii. a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them; and
- iv. a right includes a benefit, remedy, discretion, authority or power; and
- v. an obligation includes a warranty or representation and a reference to a failure to observe or perform an obligation includes a breach of warranty or representation; and
- vi. provisions or terms of these standard conditions or another document, agreement, understanding or arrangement include a reference to both express and implied provisions and terms; and
- vii. $, dollars or AUD is a reference to the lawful currency of Australia; and
- viii. this or any other document includes the document as varied or replaced and notwithstanding any change in the identity of the parties; and
- ix. references to parts, clauses, parties, annexures, exhibits and schedules are references to parts and clauses of, and parties, annexures, exhibits and schedules to, these standard conditions; and
- x. writing includes any mode of representing or reproducing words in tangible and permanently visible form, and includes facsimile transmission; and
- xi. any thing (including, without limitation, any amount) is a reference to the whole or any part of it and a reference to a group of things or persons is a reference to any one or more of them; and
- xii. these standard conditions is a reference to these standard conditions including all clauses, parties, annexures, exhibits and schedules to these standard conditions and as they are amended, varied or replaced from time to time.

23.3 Headings

Headings do not affect the interpretation of these standard conditions.

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