Document ID: chunk:federal_register_of_legislation:F2013L00183:body:0:p13
Version: federal_register_of_legislation:F2013L00183
Segment Type: other
Provision Reference: 
Character Range: 31882–34840

or defect in, the equipment required for the safe or efficient operation of the airport;

            (f) any aircraft accident, serious incident, or incident (within the meaning of Part 2A of the Air Navigation Act);

            (g) any act of unlawful interference with aviation (within the meaning of section 3AE of the Air Navigation Act).
Note 1   Subsection 11 (4) of the Act provides that:
                  'The *Slot Manager may, in writing, declare, in relation to the whole or a part of a day, that *gate movements that occur during the period to which the declaration relates are not required to take place in accordance with their allocated slots.'
Note 2 The period must consist of one or more consecutive whole days or part of a day, or one or more consecutive whole days preceded or followed by a part of a day — see subsection 11 (4) of the Act.

         (2) If the Slot Manager makes a declaration under subsection 11 (4) of the Act on the basis of a reduction in the physical capacity of the airport, the Slot Manager must consider whether the declaration should also cover a subsequent period that would account for disrupted movements and consequential delays caused by that period of reduced capacity.

         (3) Before making the declaration, the Slot Manager must consult, and have regard to, the view of:

            (a) the organisation that provides air traffic control at the airport; and

            (b) the airport operator;
about the expected physical capacity of the airport during the period.

        Part 5—Guidelines — dispensations (Act ss 31 and 35 (5))

     28 Guidelines — exceptional circumstances and conditions

         (1) Circumstances constitute exceptional circumstances for section 31 of the Act if refusal in the circumstances to allow an aircraft to make a gate movement could jeopardise:

            (a) the safety of a person; or

            (b) Australia's international relations.

         (2) A dispensation should be subject to a condition that the approval is only for a single gate movement.

Note    Subsection 31 (1) of the Demand Management Act provides that:

            'The Slot Manager may grant a dispensation authorising an aircraft to make a gate movement at Sydney Airport in circumstances that would otherwise result in the operator contravening a civil penalty provision if the Slot Manager is satisfied that there are exceptional circumstances justifying the take off or landing.'

        Part 6—Authorisations (Act ss 35 (3))

     29 Authorisation of other persons to perform functions

         (1) The Slot Manager may authorise a person or authority mentioned in subsection (2) to exercise any of the Slot Manager's powers:

            (a) relating to the allocation of slots; or

            (b) in connection with a slot that has been allocated.

         (2) The persons and authorities are:

            (a) Airservices Australia; and

            (b) the