Document ID: chunk:federal_register_of_legislation:F2013L00183:body:0:p12
Version: federal_register_of_legislation:F2013L00183
Segment Type: other
Provision Reference: 
Character Range: 29285–32149

operator is not taken, for subsection (1), to cease to comply with those requirements if the operator's Air Operator's Certificate is suspended.

        Part 3—Review of decisions (Act s 35(6))

     25 Internal review of decisions of Slot Manager

         (1) An operator whose interests are adversely affected by a decision of the Slot Manager may apply in writing to the Board of the Slot Manager, within 14 days of being told in writing of the Slot Manager's decision, for a review of the decision.

         (2) The Board may conduct the review in any way that it thinks fair and reasonable.

         (3) If the Board is satisfied that the Slot Manager's decision was unreasonable, it may substitute any decision that the Slot Manager could have made.

     26 External review of decisions of Slot Manager

         (1) An operator whose interests are adversely affected by a decision made under section 25 may ask the airport operator in writing, within 14 days of being told in writing of the decision, to appoint an arbitrator to review that decision.

         (2) The airport operator must appoint an arbitrator who is a legal practitioner of at least 7 years' standing.

         (3) The arbitrator may conduct the arbitration in any way that he or she thinks fair and reasonable, and may make any decision that the Slot Manager could have made.

         (4) An applicant, or the Slot Manager, may be represented by a legal practitioner.

         (5) The arbitrator's fees and expenses are payable by the Slot Manager unless the arbitrator certifies in writing that the application was frivolous or unreasonable, in which case the arbitrator's fees and expenses are payable by the applicant.

         (6) An arbitrator may not award costs against the Slot Manager or an operator.

        Part 4—Guidelines — declarations (Act ss 11 (4) and 35 (4))

     27 Guidelines — declaration that movements do not have to be in accordance with allocated slots

         (1) In deciding whether to make a declaration under subsection 11 (4) of the Act, the Slot Manager must have regard to the following:

            (a) whether it appears that the physical capacity of Sydney Airport is, or has recently been, limited to 36 or fewer arrivals per hour;

            (b) whether airspace or a runway is unavailable or its use is restricted;

            (c) whether airspace or a runway is unsafe to use because of adverse weather conditions;

            (d) any industrial action by people needed for the safe or efficient operation of the airport;

            (e) any failure of, 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