Sunshine Airports Conditions of Use
Sunshine Coast Airports
Conditions of Use
(As at 16 May 2013)
Sunshine Coast Airports Conditions of Use
Sunshine Coast Airports
Table of Contents
1. Defined Terms..................................................................................................... 2
2. These Conditions ................................................................................................ 3
3. Facilities and Services ........................................................................................ 5
4. Information Required from Aircraft Operations.................................................... 6
5. Charges............................................................................................................... 8
6. Government Mandated Charges ......................................................................... 9
7
Unpaid Charges ................................................................................................ 10
8. Compliance with Conditions .............................................................................. 12
9. Moving Aircraft .................................................................................................. 12
10.
Airport Closed or Services Unavailable ......................................................... 12
11.
Services We Do Not Provide ......................................................................... 13
12.
Release and Indemnity.................................................................................. 13
13.
Insurance....................................................................................................... 14
14.
Exclusions of Warranties and Conditions ...................................................... 14
15.
Privacy........................................................................................................... 14
16.
Governing Law .............................................................................................. 14
Schedule 1 – Definitions ........................................................................................... 15
Schedule 2 – Common User Conditions ................................................................... 19
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Sunshine Coast Airports Conditions of Use
1.
Defined Terms
1.1
Interpretation
a) Parties
We, Us, Operator and Our is either:
I. Sunshine Coast Airport
II. Caloundra Airport
III. Teewah Airstrip
All of:
Friendship Avenue, Marcoola QLD 4564
Locked bag 72
SCMC QLD 4560
Telephone: +61 754 531 500
Facsimile: +61 754 531 511
You, and Your shall be either
I. the Aircraft Operator; or
II. a user of the Airports who my incur any Charges under the
Conditions
1.2
Sunshine Coast Council operates Sunshine Coast Airport, Caloundra
Aerodrome and Teewah Landing Strip as trustee, lessee and operator.
1.3
Date of currency of these Conditions
These Conditions are current as at the date on the front page of these
Conditions, until we change, replace or waive them.
1.4
Conditions generally
These Conditions may be an attachment to another agreement between you
and us, or the only agreement governing our relationship.
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Sunshine Coast Airports Conditions of Use
2.
These Conditions
2.1
Users of our Airports
a) Unless we have agreed different conditions with you, these are the
conditions under which you use the Facilities at Sunshine Coast Airport.
b) Despite the fact that you have not signed these Conditions, by using any
of the Facilities and Services at any of the Airports, you accept these
Conditions, and agree to be bound by them as amended and all of our
rules and reasonable directions from time to time.
c) Subject to any contrary requirements under any legislation we may, by the
methods set out in Condition 2.6, change, replace or waive any of these
Conditions at any time upon the publication of written notice. Upon such
publication you are deemed to be bound by any changes made, and the
use of our Facilities and Services or our Airports generally following
publication of those changes will be deemed acceptance of the changes.
2.2
Facilities and services at our Airports
b) We agree to supply Aviation Services, Government Mandated Services
and subject to Condition 2.4, general Airport Services to you.
c) We agree to supply Aviation Services and Government Mandated
Services in accordance with:
I. these terms and conditions;
II. all applicable laws and regulations;
III. any and all service levels in the form of Performance Measures;
IV. in the case of Government Mandated Services, as required by the
relevant authority;
V. with all due care and skill; and
VI. otherwise in a manner consistent with the world’s best practice for
leading Domestic and International airports (inclusive of but not
limited to Regional Operations, Charter Operations and General
Aviation Operations).
2.3
What these Conditions cover
a) These Conditions cover the provision of Aviation Services and
Government Mandated services. We will charge for the provision of
Aviation Services through the Aviation Charges, and for the provision of
the Government Mandated Services through the Government Mandated
Charges.
2.4
What these Conditions do not cover
a) These Conditions do not cover the provision of General Airport Services
provided by us, or charges for these services. General Airport Services
are available for use from us on separate commercial terms and at
commercial rates.
b) We are not responsible for the security of your aircraft. However you must
comply with any of the safety and security requirements of the Airport for
which we notify you of from time to time.
2.5
Notification of the existence of these Conditions
a) We will take reasonable steps to notify you of the existence of, and the
requirement to comply with these Conditions prior to your use of our
Facilities and Services.
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Sunshine Coast Airports Conditions of Use
2.6
Changes to these Conditions
a) All users of our Airports, which continue to use our Airports after
notification of the changes, will be deemed to accept the changes to these
conditions.
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Sunshine Coast Airports Conditions of Use
3.
Facilities and Services
3.1
Using our Facilities and Services
When using our Facilities and Services at the Airport you must comply with:
a) this Conditions of Use document;
b) the operational requirements of the Airports as published in ERSA and
NOTAMs;
c) Civil Aviation Safety Authority and Airservices rules and regulations ;
d) all relevant Legislation, which include Occupational Health and Safety
Legislation
e) other conditions, instructions, orders and directions necessary for the day
to day operation of Airports;
f) local flying restrictions; and
g) directions on security from the Commonwealth Department of
Infrastructure Transport Regional Development and Local Government;
h) the requirement to obtain and observe the relevant operator licences
issued by Sunshine Coast Airport Management and at its sole discretion,
including, but not limited to, airside vehicle permits, airside driving
licences, Aviation Security Identification Cards (ASIC) and Visitor
Identification Cards (VIC).
3.2
3.3
You must not do anything which puts us in breach of any Legislation.
You accept that:
a) access to our Facilities and Services is subject to the demands of other
users of the Airports;
b) use of the Airports may be constrained by Legislation; and
c) we are not responsible for the security of aircraft or your property.
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Sunshine Coast Airports Conditions of Use
4.
Information Required from Aircraft Operations
4.1 Regular Public Transport (RPT) Operations
For aircraft and operators involved in RPT Operations:
a) before using our Facilities and Services at an Airport you must give us the
information we require in a timely manner at SCA’s sole discretion, including:
i.
your name, address, ABN and contact details;
ii.
evidence that you have emergency procedures in place in
connection with all potential threats to passengers, cargo and the
Facilities and Services at the Airport as appropriate to your
operations and at least to the standard required to comply with the
Aerodrome Emergency Procedure and the Aerodrome Emergency
Plan;
iii.
the names, addresses, telephone numbers (business and after
hours), email contacts, facsimile numbers and all other contact
details of your key personnel we can contact at any time about
emergencies, security, operational or financial matters in
connection with you using the Facilities and Service at the Airport;
iv.
evidence of the insurance policies you hold that are consistent
with the requirements of Condition 4.1 and confirmation that these
policies will remain current at all times when you are using the
Facilities and Services at the Airport;
v.
ground handling arrangements for passengers and cargo if
required for your operations;
vi.
arrangements for the repositioning of stationary aircraft; and
vii.
confirmation that the types and standards of aircraft being flown by
you into and from the Airport are compliant with the Air Navigation
(Aircraft Noise) Regulations
b) you must provide us with the details of any changes made to information
required under this Condition 4.1(a) within 1 month of such change.
c) you must also within 7 days of the end of each calendar month provide us
with the number of passengers per flight that you embarked and disembarked
at the Airport during that month.
d) where you fail to provide the information mentioned in Condition 4.1(c), we
will calculate and levy our charges based upon the presumption of maximum
seat load capacity as published by you which amounts you are required to
pay before we will enter any meaningful discussions to have the correct load
capacity determined.
e) where you advise us that the information given to us under this Condition 4.1
is commercially sensitive, we shall use our best endeavours to maintain its
confidentiality.
4.2 Non-Regular
Operations)
Public
Transport
Operations
(including
all
Charter
For aircraft and operators not involved in RPT Operations:
a) before using our Facilities and Services at an Airport you must give us such
information in a timely manner and in the format requested as we may require
including:
i.
Your name, address, ABN and contact details
ii.
Evidence that you have in place emergency procedures in
connection with all potential threats to passengers, cargo and the
Facilities and Services at the Airport as appropriate to your
operations and at least to the standard required to comply with the
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Aerodrome Emergency Procedure and the Aerodrome Emergency
Plan;
iii.
the names, addresses, telephone numbers (business and after
hours), email contact, facsimile numbers and all other contact
details of your key personnel we can contact at any time about
emergencies, security, operational or financial matters in
connection with you using the Facilities and Service at the Airport;
iv.
evidence of the insurance policies you hold that are consistent
with the requirements of Condition 4.2 and confirmation that these
policies will remain current at all times when you are using the
Facilities and Services at the Airport;
v.
ground handling arrangements for passengers and cargo if
required for your operations;
vi.
arrangements for the repositioning of stationary aircraft; and
vii.
confirmation that the types and standards of aircraft being flown by
you into and from the Airport are compliant with the Air Navigation
(Aircraft Noise) Regulations Chapter 2 phase out programme;
viii.
confirmation of the ownership details for all aircraft using the
Facilities and Services; and
b) you must provide us with the details of any changes made to information
required under Condition 4.2(a) within one month of such change
c) where information required by this Condition is not provided, we will obtain
such of those details as are located on the CASA register and the equivalent
International aircraft registration bodies, and:
i. We shall determine the MTOW for the aircraft; and
ii. The registered owner and/or aircraft operator as indicated on
the CASA and/or equivalent. International aircraft registration
bodies will be held jointly and severally liable in relation to all
costs and charges levied.
d) We will calculate and levy our Aviation Charges based upon the registered
Maximum Take off weight as published by CASA.
In the case of per
passenger charges we will calculate on the maximum seat load capacity of
the aircraft and which amounts you are required to pay before we will enter
any meaningful discussions to have the correct seat load capacity determined
should this information have not been provided.
4.3 All aircraft and operators
For all aircraft and operators whether or not involved in RPT Operations:
a) you are responsible for ensuring that timely written notification is given to us if
the ownership of any aircraft being operated from the airports changes, or if
the operator of any such aircraft changes; and
b) where you fail to provide the information required under Conditions 4.1 and
4.2 above, we shall be entitled to calculated and levy our Charges based
upon the presumption that the aircraft continues to be operated and/or owned
by you.
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Sunshine Coast Airports Conditions of Use
5.
Charges
5.1
You must pay us charges for using our Facilities and Services at Sunshine
Coast Airports
Sunshine Coast Council sets, reviews and approves all fees and charges
for Sunshine Coast Airports. Charges are reviewed a minimum of annually
(prior to the commencement of each next financial year) and charges
are notified through Council’s publications, web site and via other means
as appropriate.
The amount of charges you must pay will be calculated in accordance with
Those approved charges as published.
By using our Facilities and Services you agree to the charges applicable at
the time of use.
The charges are payable in Australian dollars only unless by prior
arrangement with Airport Management
You must pay the charges detailed in each invoice as per the regular
payment terms of Sunshine Coast Regional Council as specified on the
invoice (whether or not you received the invoice) by one of the following
methods;
5.2
5.3
5.4
5.5
5.6
a) pay in person at any post office using BPAY
b) pay by Telephone. Please call Sunshine Coast Regional Council on
131816 to pay with MasterCard or Visa and follow the prompts. You will
need your Billpay Code and your Ref number which are located on the
front of the invoice.
c) pay Online. Visit www.sunshinecoast.qld.gov.au and select ONLINE
PAYMENTS. Then select SUNDRY DEBTORS and key in your Billpay
Code and reference number located on the front of the invoice.
d) payment via Mail. Cheques made payable to Sunshine Coast Regional
Council and posted to Locked Bag 72, SCMC QLD 4560.
e) personal payment by Cash or Cheque. Present the invoice, with your
payment, to the Customer Service Centre at any of these locations.
1 Omrah Avenue, Caloundra
11-13 Ocean Street, Maroochydore
Cnr Bury and Currie Streets, Nambour
5.7
5.8
5.9
5.10
Sunshine Coast Regional Council will consider providing discounts or waivers
for the landing fees at Sunshine Coast Airport to aircraft operators providing
their services for the benefit of the community. Each request for a discount or
waiver will be considered on a case by case basis.
Discounts or fee waivers will only be considered if the aircraft operator can
demonstrate to the Airport Management that they have provided their
services to the Sunshine Coast Regional community as a goodwill measure.
This includes providing their services to the community at heavily discounted
rate or for free. Operators must furnish evidence of the discount rate or fee
they have provided in delivering a community service.
Not for profit status aircraft operators are not entitled to any discount or
waiver unless they satisfy the criteria described in clause 5.8 of these
Conditions of Use.
Aircraft operators engaged in emergency services type work (e.g. aerial fire
bombing, maritime search and rescue, etc) will be charged the published
aviation charges, unless they satisfy the criteria described in clause 5.8 of
these Conditions of Use.
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6.
Government Mandated Charges
6.1
Payment of Government Mandated Charges
You must pay us the Government Mandated Charges applicable to the
Government Mandated Services provided to you.
Government Mandated Services
We administer the Government Mandated Charges applicable for the
provision of safety and security at our Airport, which include (but are not
limited to) the following services:
a) terminal passenger screening;
b) terminal passenger checked bag screening;
c) other services required by the Commonwealth Government or other lawful
authority (including the DIT) and any additional security measures we are
required to take or which we undertake through third parties and which
may include the incurrence of capital expenditure (allowing a reasonable
return on capital investment) to provide such services and which are
provided by us to you at our Airports from time to time;
d) any hiring of equipment required for providing the Government Mandated
Services and
e) any operational and administrable costs incurred by the Airports to
provide the Government Mandated Services either directly, or on a
contract management basis.
6.2
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7
Unpaid Charges
7.1
If you do not pay the charges described in clause 5 within the prescribed
period (indicated on the invoice), the normal SCRC debt management and
recovery processes will apply. We may also do any one or more of the
following:
7.2
7.3
7.4
a) charge you interest from the date the charges become payable,
calculated daily at the Interest Rate, capitalising on the first day of each
month;
b) charge for all costs in relation to debt recovery ;
c) refuse to allow any or all of your aircraft to use our Facilities and Services;
d) use any reasonable means to detain any of your aircraft until you have
paid all due charges, interest and any other costs related to these charges
e) issue a notice directing that you remove any or all of your Aircraft from our
Airport an if you fail to comply with our notice within 21 days of us issuing
the notice, we may:
• remove your Aircraft from our Airport and add the costs associated to
the amount owing by you to us; or
• deem the Aircraft to have been abandoned and may treat the title to
the Aircraft as having been irrevocably transferred to us; and/or
• commence proceedings against you for all monies due and payable.
For the removal of doubt, the remedies specified in this clause 7 are not
exhaustive and do not operate so as to limit our remedies in the event of a
breach by you of this clause 7. We reserve our rights entirely in relation to any
other remedial action afforded to us by law.
Unless we give you written consent, you are not entitled to make any set-off
against, or deduction in relation to, the charges for using our Facilities and
Services.
Bank Guarantee or Bond
a) if;
i.
On two or more occasions you have failed to pay Government
Mandated Charges, and/or Aviation Charges (which are not
subject to a reasonable dispute) by the date specified within the
invoice rendered; or
ii.
We have at any time commenced recovery action against you;
We may require that you provide us with a Bank Guarantee or Bond in
accordance with this Condition 8.4.
b) where we have requested a Bank guarantee or Bond from you and it is
not provided, we may:
iii.
Refuse to allow any or all of your aircraft to use the Airport; and
iv.
Refuse you or any entity associated with you access any part of
the Airport; and
v.
Report your conduct to such credit reference organisations as we
deem to be appropriate;
Until you provide us with a suitable Bank Guarantee or Bond
7.5
Security
a) if we request a Bank Guarantee or Bond from you as security for your use
of our Facilities and Services, you must provide that Bank Guarantee or
Bond within 30 days of our request.
b) the amount of the Bank Guarantee or Bond will be the greater of;
i.
$5,000.00;
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ii.
The aggregate of the previous three months Charges payable by
you to us; or
iii.
Any other amount we consider appropriate.
c) we may on 30 days written notice require you to increase the amount of
the Bank Guarantee or Bond if:
iv.
You fail to pay any Charges; or
v.
You fail to comply with any of these conditions
d) you acknowledge that if you fail to pay any Charges, or cause any
damage to the Facilities and Services or anything else at the Airport we
may draw upon the Bank Guarantee or Bond without notice to you to
compensate us for any loss or damage sustained by us.
e) if we draw upon the Bank Guarantee or Bond, you must immediately give
us a replacement Bank Guarantee or Bond for the amount required under
this Condition 8. You may be prohibited from using the Facilities and
Services until a replacement is provided
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8.
Compliance with Conditions
8.1
If you do not comply with these conditions, in addition to our right pursuant to
clause 7 and subject to our legal obligations, we may provide you with written
notice requiring compliance.
If you do not comply with any safety or security requirements, we may give
you notice to comply immediately.
We may stop you from using our Facilities and Services at the Airport if you
do not comply with a notice.
8.2
8.3
9.
Moving Aircraft
9.1
We may at any time, acting reasonably, require you to:
a) move any aircraft to another position at the Airport; or
b) remove an aircraft from the Airport at your cost, and within a specified
time.
If you do not comply with our order within the specified time, we may move or
remove the aircraft and:
a) you must pay all our reasonable costs of having the aircraft moved or
removed;
b) you are liable for and indemnify us, our officers, employees and agents
against any personal injury, death, loss or damage caused or contributed
to by your failure to comply with our order, including any loss or damage
caused to any property in the detainment, or movement of the aircraft;
9.2
Provided that we first make all reasonable attempts to contact you before
moving or removing your aircraft.
10. Airport Closed or Services Unavailable
10.1.
10.2.
We will endeavour to keep our Facilities and Services at the Airport available
for you to use, subject to any reasonable requirements we may have for
operational purposes, maintenance and new development, or any events
beyond our reasonable control.
We may at any time on short notice declare that any of our Facilities and
Services are wholly or partly unavailable for use due to safety or operational
requirements. We will use our best endeavours to notify you of any
unavailability. It is your responsibility to arrange use of alternate facilities or
services.
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Sunshine Coast Airports Conditions of Use
11. Services We Do Not Provide
11.1
We do not provide;
(a)
(b)
(c)
(d)
(e)
(f)
(g)
terminal navigation services; or
rescue and fire fighting services; or
en-route services; or
meteorological services; or
engineering services; or
apron services other than allocation aircraft parking bays; or
aircraft, building, motor vehicle or other security services.
12. Release and Indemnity
12.1
Your risk
You use our Airports at your own risk
12.2
We are not liable for, and you indemnify us against:
a) any loss or damage cause for any reason to an aircraft, its equipment, its
load or the property of its crew or passengers at the Airport; or
b) Any personal injury caused for any reason to the crew or passengers of,
or person servicing an aircraft at the Airport, unless, then only to the
extent, caused by our negligence.
We are also not liable for, and you indemnify us against:
a) any loss you suffer for any reason because an Airport or any part of it is
closed or any of our Facilities and Services at the Airports are
unavailable;
b) any loss you suffer, or any person claiming through you suffers, for any
reason because of delays in the movement or scheduling of your aircraft;
or;
c) any consequential injury, loss or damage in connection with the use of or
closure of any Airport (including anything referred to in (a) or (b) of this
clause).
You are liable for, and you indemnify us against:
a) any damage your aircraft may cause to our property; and
b) any costs we incur in detaining any of your aircraft under clause 7.1(e);
and
c) any claims for
i. personal injury;
ii. death to any person; and/or
iii. loss or damage to property;
which is caused or contributed to by you, unless, and then only to the
extent that, the same is caused by our negligence.
You agree to indemnify us for any liability, loss, cost, charge or expense of
the kind contemplated by clause 12.3 that is suffered or incurred by any of our
officers, employees or agents.
You further agree to indemnify us for any costs we may incur in the recovery
of any monies owed to us for the use of our Facilities and Services at the
Airport, on a full indemnity basis, including but not limited to, to court costs
and filing fees, legal fees and disbursements, the costs of any necessary
service provider and airport administration costs.
12.3
12.4
12.5
12.6
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13. Insurance
13.1
13.2
13.3
13.4
You must at all times have a policy of insurance for at least $20,000,000 (or
such other amount as we may notify to you from time to time) insuring against
all claims which may be brought against either you or us for personal injury
(including death) and/or damage to property arising out of the use of the
aircraft or the Airports by you or any other party you authorise to use the
aircraft or the Airports.
You must at all times when required by us produce evidence showing that the
insurance is in force for the sum notified under this clause 13.
If you fail to insure as required by this clause we may deny your aircraft use of
the Airport until you demonstrate to us that such insurance is in force.
The sum insured as stated in clause 13.1 or as otherwise notified is not the
limit of your liability but merely a reasonable minimum amount of insurance
which we require you to maintain.
14. Exclusions of Warranties and Conditions
14.1
14.2
We do not make any representation or warranty in connection with the use of
the Airports or the Facilities and Services and we exclude all implied
warranties and conditions that can be excluded except as provided by clause
2.2 or otherwise expressly provided by these conditions of use.
If a warranty or condition is implied under any Legislation in connection with
any party of the Facilities and Services, and it can be excluded, we exclude it
and if we cannot exclude it, than our liability for breach of that warranty or
condition are limited to:
a) the supplying of the Facilities and Services again; or
b) the payment of the cost of having the Facilities and Services supplied
again
15. Privacy
15.1
15.2
15.3
15.4
Sunshine Coast Airports will comply with the Information Privacy Act 2009
(Qld) in respect of all Personal Information collected under the Conditions of
Use.
Sunshine Coast Airports may disclose the personal information collection
under these Conditions of Use for any reason permitted by the Information
Privacy Act 2009. (Qld)
The Aircraft Operator acknowledges and agrees the Sunshine Coast Airports
may collect from the operator information that is relevant to administration
and operation of the airports.
Sunshine Coast Airports may use the information related to purposes
described in clause 15.2 which may include, but are not limited to , research
by on or behalf of SCA, statistical analysis by or on behalf of SCA, and
promotion of the services offered by SCA to third parties including but not
limited to tenants, occupiers and users of the airports.
16. Governing Law
These conditions are governed by and construed in accordance with the
relevant laws of Queensland and the Commonwealth of Australia.
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Schedule 1 – Definitions
Us - Sunshine Coast Airport
Sunshine Coast Airports - incorporating Sunshine Coast Airport, a Business Unit of
Sunshine Coast Council, Caloundra Aerodrome and Teewah Landing Strip as part of
Sunshine Coast Regional Council.
SCA - Sunshine Coast Airports
Aeronautical Charges – The charges as published by Sunshine Coast Council.
Aeronautical Services – Facilities and Services means our aircraft movement,
parking and passenger processing facilities and services; excluding those referred to
the Passenger Service charge.
Aircraft – this definition includes fixed wing Aircraft, helicopters, balloons, powered
or unpowered and, their parts and accessories, equipment and stores;
Aircraft Operator – the person whose name appears on the Aircraft Register as the
operator of the Aircraft, the holder of the Certificate of Registration with respect to the
Aircraft or any person who, with the authority of the holder of the Certificate of
Registration for the Aircraft and the written acceptance of Sunshine Coast Regional
Council, operates that Aircraft when it arrives at or departs from Sunshine Coast
Airport as the case may be;
Aircraft Owner – that person named on the Certificate of Registration
Aircraft Register – the register of Australian Aircraft established pursuant to
Regulation 8 of the Civil Aviation Regulations (CAR);
Airport – the physical site known as Sunshine Coast Airport and all adjacent lands
and roads leased, operated, or controlled by the Sunshine Coast Airport
Management;
Aerodrome Emergency Plan (AEP) – means the emergency plan developed by the
Airport to co-ordinate all agencies (and their individual airport emergency
procedures) when dealing with an airport emergency;
Airport Facilities – the buildings, water and electrical services, ramp or apron areas,
plant, fixed equipment and other fixed items located at the Airport and leased,
owned, operated, controlled by Sunshine Coast Regional Council;
Airport Director – the person responsible for the management of Sunshine Coast
Airport or their nominee as delegated by the CEO Sunshine Coast Regional Council;
Aerodrome Manual – the manual detailing the safety requirements necessary for the
licensing of Sunshine Coast Airport pursuant to the Civil Aviation Regulations, Part
139;
Airside – the movement area of an aerodrome, adjacent terrain and buildings or
portions thereof, access to which is controlled as described in Annex 17 to the
Convention of International Civil Aviation;
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Air Transport – a flight carried out for hire or reward including any Regular Public
Transport operation, any other domestic scheduled flight operated in according to the
published timetable where the air service is offered to the public whether fully loaded,
partially loaded or empty and any flight where the air service is contracted to another
person to provide but does not included empty charter positioning flights;
Aviation Charges – has the same meaning as the term “Aeronautical Charges”;
Aviation Services – has the same meaning as the term “Aeronautical Services”;
Baggage Handling System (BHS) – refers to the baggage handling system and
associated services that transports baggage from the check-in counters to the makeup laterals, It also refers to the arrivals baggage system and associated services that
transports baggage to arriving passengers, It does refer to the physical handling of
aircraft/passenger baggage at any time.;
Checked baggage Screening (CBS) – an aeronautical infrastructure charge
associated with Australian Federal Government mandated security screening of all
departing passenger checked baggage. This applies to departing domestic and
international services that require CBS.;
CBS Infrastructure – this is the equipment provided by Sunshine Coast Airport to
facilities the CBS activity and includes X-Ray equipment, building modifications and
associated baggage handling system improvements.;
Charges – collectively the charges for the use of Aeronautical Services (Aeronautical
Charges) and for the use of Government Mandated Services (Government Mandated
Charges);
Charter Operations – air service operations where either the Aircraft is used for the
carriage of passengers and/or cargo by not conducted in accordance with fixed
schedules or the air service operation is not available to the general public on a
regular basis;
Conditions of Use – the Conditions of Use, upon which Sunshine Coast Airport
provides the Services at Sunshine Coast Airport and charges for those Services;
Consumer Price Index (CPI) – the Consumer Price Index (All Groups) for Brisbane
published from time to time by the Australian Bureau of Statistics or by the
Commonwealth of Australia or by any other boy authorised by the Commonwealth of
Australia to do so;
CUTE – Common User Terminal Equipment;
Domestic Operations – operations that are not international Operations;
Domestic Passenger – a person travelling on the Aircraft Operator’s aircraft
engaged in Domestic Operations (excluding Infants, Operating Crew and Positioning
Crew but including Transfer Passengers, and Transit Passengers) arriving at or
departing from Sunshine Coast Airport;
Flight Information Display System (FIDS) – is an electronic messaging system that
displays airline flight information (e.g. arrival and departure time, gates, etc);
Fixed Base Operator (FBO) – as Aircraft Operator who lease either sites and/or
buildings from Sunshine Coast Regional Council;
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Sunshine Coast Airports Conditions of Use
Foreign Aircraft – an aircraft registered on a national register of aircraft other than
the Aircraft register;
Freighter – an Aircraft on which no fare paying passenger is carried and is
configured only to carry cargo;
General Aviation (GA) – all Civil Aviation Operations other than Regular Public
Transport operations (RPT);
Government Mandated Costs – are costs associated with the provision of a
Government Mandated Service to an aircraft operator;
Government Handling Services – means the provision of some or all of the following
services, usually by an airline or their nominated ground handling agent:
a) Passenger check-in;
b) Baggage handling;
c) Aircraft cleaning and catering;
d) Aircraft maintenance;
e) Aircraft engineering;
Ground Handling Agent – means any person or company appointed by the Aircraft
Operator to perform ground handling services for that airline or an Aircraft operator
who performs ground handling services for itself at the airport;
International Operations – Operations by Aircraft Operator that involve departure
from a point outside Australia or arrival at a point outside Australia of an Aircraft
Operator’s Aircraft;
Landside – that portion of Airport not designated as Airside and to which the general
public normally has free (unescorted) access;
Landing Fee – the fee levied to the aircraft operator on a per tonne basis, calculated
on the published MTOW of the aircraft. This fee is commonly referred to as MTOW;
Maximum Take-Off Weight (MTOW) – the maximum take-off weight as defined in
the certificate of airworthiness or flight manual of the operating Aircraft;
NOTAM – means Notice to Airmen and published in accordance with the Sunshine
Coast Aerodrome Manual;
Operating Crew – Aircraft Operator’s employees operating as flight or cabin crew on
arriving or departing aircraft at Sunshine Coast Airport;
Passengers – Terminal Passengers, Transfer Passengers and Transit Passengers
of RPT Operators;
Passenger Service Charge (PSC) – is the charge for use of the terminal building
facilities and services incurred in the processing of domestic, international, military
and other passengers;
Positioning Crew – Aircraft Operator’s flight and cabin crew, other than Operating
Crew, arriving into or departing from Sunshine Coast Airport on company duty travel
for the purpose of positioning for, or returning from, crewing duties;
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Sunshine Coast Airports Conditions of Use
Regular Public Transport (RPT) Operations – the operations of an aircraft for the
purpose of an air service that:
a) Is provided for a fee payable by persons using the service; and
b) Is conducted in accordance with fixed schedules to or from fixed terminals
over specific routes; and
c) Is available to the general public on a regular basis.
RPT Operator –means a person/company undertaking Regular Public Transport
Operations;
Route – any route from Sunshine Coast Airport to or from a first or Final Destination
Airport;
Terminal Passenger – a Passenger joining or leaving an Aircraft at the Airport;
Transfer Passenger – a Passenger identified by Handling Agents who arrives at the
Airport by one Aircraft and departs the Airport on another Aircraft and is treated as a
Terminal Passenger;
Transit passenger – a Passenger who arrives in and depart from the Airport on the
same Aircraft or an aircraft with the same flight number;
Transport Security Program (TSP) – the aviation security program that details the
measures adopted by Sunshine Coast Airport to safeguard civil aviation against acts
of unlawful interference;
Use of the Airport – the use by an Aircraft of Airport services and/or facilities an
includes, but is not limited to, landing, take–off or parking and discharging or taking
on passengers and/or cargo;
Interest Rate - equal to 2% per annum above the rate quoted from time to time by
the Council principal bankers (as nominated by the Council) on overdraft
accommodation in excess of $100,000
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Sunshine Coast Airports Conditions of Use
Schedule 2 – Common User Conditions
1.
1.1
Check-in Service and other Counters
Counters
a) Each check-in Counter at the Airport Terminal is equipped with:
i. Weighing scales; and
ii. PA System
b) We will allocate the Counter to you in accordance with our allocation rules
as specified and defined in our licence agreements with each operator
c) When you are occupying any check-in Counter you may also occupy a
service counter
2.
2.1
FIDS and PA Systems conditions
FIDS
We will provide FIDS core system that provides the information display
systems including the central database, the distribution system and the
display devices in public areas.
2.2
FIDS information
Accurate information on FIDS
a) You must ensure that the information displayed on FIDS is current and
accurate
FIDS information is confidential
b) The information on FIDS is confidential information. You must not give
any other airlines information on FIDS to anyone else without our prior
written consent other than information displayed in a public area
Your warranty in relation to FIDS information
c) The necessary data to generate your logo and other material in FIDS
remains your property
d) You warrant that you hold copyright in that logo and that your use of the
logo and other material does not breach anyone else’s copywrite or other
intellectual property right
e) We must not give that logo to anyone else without your written consent
2.3
Provision of additional aids
We may install additional FIDS display panels to private areas nominated by
you provided you pay an agreed amount to cover the cost of installing the
connection and the cost of the display devices.
2.4
PA System
We will provide you with a PA system
a) We will provide a PA system throughout the Airport Terminal. You must
comply with our reasonable directions concerning the use of the PA
system
Your use of the PA system
b) You must act reasonably in the use of the PA system and, without
limitation, you must restrict your announcements to whatever is
operationally required
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Sunshine Coast Airports Conditions of Use
3.
General Common User Conditions
3.1
Repair and Maintenance
Your obligations
a) You must pay us for any repairs to, and maintenance of, the Common
User Facilities or any other property caused by the neglect, misuse or
damage by you, your employees, agents and or contractors
Our obligations
b) We must repair and maintain the Common User Facilities at our own
expense in circumstances other than set out in Common User Conditions
3.2 below
Responsibility for employees and agents
c) You are responsible for the conduct of your employees and agents. You
must ensure they observe these Common User Conditions and the
Conditions generally
3.2
Use of Our Equipment
Proper care
a) You must take proper care of Our equipment and follow our reasonable
directions for its use
Repair of our Equipment
b) You must tell us immediately if any of Our Equipment is not working or
has been damaged, we will repair Our Equipment as quickly as
practicable. You must not allow any person except our employees,
contractors or agents to repair Our Equipment
Access to carry out repairs
c) You must give us reasonable access to inspect and to repair Our
Equipment
3.3
Handling agents
No inconsistent agreements with handling agents
a) Where you have an agreement with a handling agent, the terms of that
agreement must not be inconsistent with any of these Common User
Conditions
Handling agent to know about these conditions
b) You must inform the handling agent of your obligations under these
Common User Conditions
Invoicing the charges
c) We may send our invoices for the Charges payable under these Common
User Condition or the Conditions generally directly to your handling agent.
You acknowledge that despite this you are the person responsible for
payment of the Charges in accordance with the terms of our invoice
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