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CANBERRA AIRPORT CONDITIONS OF USE

Cancellation of previous conditions

These conditions replace and cancel all previous agreements and arrangements between you and us concerning your use of the Airport and the Services. However, rights that exist at the time of cancellation are not affected.

What are these conditions about?

These conditions set out the basis on which we authorise you to use the Airport and the Services. However, they do not apply if you have a separate written agreement with us for the use of the Services.

Words that appear like this have the meanings given in the Meaning of Words (clause 19).

Please read these conditions carefully.

Questions?

If you have any questions about these conditions or the operation of the Airport you should contact the relevant person shown in the contacts list – Schedule 6.

1 Use of Airport

1.1 These are the conditions under which you use our Airport and any Services at our Airport, unless we have a separate written agreement with you for the use of the Services (such as an Airport Services Agreement). By using the Airport, you acknowledge your acceptance of these conditions.
1.2 Not used.
1.3 These conditions apply equally to intrastate, interstate and international operations.
1.4 You may not nominate or use the Airport as a designated international alternate without first obtaining our consent. We may require you to enter into a separate agreement with us about such access.
1.5 You accept that:
(a) access to our Airport and those Services is subject to the demands of other users of the Airport;
(b) use of the Airport and those Services may be constrained by Relevant Law; and
(c) we may from time to time close all or any part of the Airport and withdraw all or any of the Services, for any period we consider appropriate when in our opinion it is necessary to do so.
1.6 You accept that unless otherwise specified these conditions prevail, to the extent of any inconsistency, over any contractual or other relationship we have with you in respect of the same subject matter.

2 Currency

2.1 These conditions take effect from 1 July 2018 and, as varied according to clause 7, are current until we replace them.
2.2 We may waive compliance with all or any of these conditions for a period, indefinitely or permanently. However, a waiver will only be effective if it is in writing.

3 Using our Services

3.1 When using our Airport or any Service at our Airport you must comply with:
(a) all Relevant Laws, Airservices Australia publications and any direction from the Civil Aviation Safety Authority;
(b) these conditions;
(c) other conditions, instructions, orders and directions notified by us from time to time;
(d) local flying restrictions;
(e) the Operations Manual; and
(f) directions from anyone entitled by any Relevant Law to give them.
3.2 You are responsible for familiarising yourself with those things.
3.3 You must not carry out any Long Term Maintenance on any part of the Airport without our prior written approval.
3.4 You must not (and must ensure that your employees, agents and contractors do not) cause or contribute to any obstruction or disruption to the operation of the Airport or to the business, customers or passengers of any other party using the Airport.
3.5 You must promptly on becoming aware notify us if any of our equipment, assets, facilities or other items at the Airport are not working properly or have been in any way damaged.
3.6 You must not do anything which may cause us to breach any Relevant Law, the Crown Lease, or any Lease.

4 Airport requirements

4.1 You must comply with any requirement of which we notify you from time to time in relation to:
(a) aviation safety;
(b) aviation security;
(c) work health & safety; and
(d) environmental management,
at the Airport.
4.2 We may issue these requirements:
(a) in the form of a notice, direction, order, instruction, procedure (or similar); and
(b) by letter or email, or via notification on the Canberra Airport website, www.canberraairport.com.au.

5 Moving Aircraft

5.1 We may direct you at your cost to:
(a) move your aircraft to another position at the Airport; or
(b) remove your aircraft from the Airport,
in each case within a period of time that we consider to be reasonable in the circumstances.
5.2 If you do not comply with our direction under clause 5.1 within the time set out in our direction, we may move or remove the aircraft according to the procedures in schedule 4, and you must pay all costs associated with us doing so.

6 Payment of Charges

6.1 You must pay us the Charges. They are due and payable when you use the Airport or the Services at the Airport, and must be paid before your aircraft leaves the Airport, unless you have made Other Payment Arrangements with us.
6.2 You must not make any set-off against or deduction from any Charges.
6.3 You will be liable for Charges whether or not your aircraft was used with your permission.

7 Varying Conditions

7.1 We may vary these conditions (including by imposing additional Charges or varying existing Charges) at any time, but we must comply with all Relevant Laws.
7.2 Any variation under clause 7.1 will take effect from the nominated date, provided that we have given you details of the changes at least 21 days before they take effect. We may give you that notice by letter or email, or via notification on the Canberra Airport website, www.canberraairport.com.au.
7.3 We may at your request vary these conditions as they apply to you, but that variation must be agreed in writing and must comply with all Relevant Laws.

8 Payment Method

8.1 Payments to us may be made by cheque, direct debit, electronic funds transfer, credit card or cash.
8.2 If you pay by direct debit:
(a) you must provide us with a completed Payment Authority Form;
(b) we will debit each amount from your nominated account 7 days after the amount is first due and payable;
(c) you must inform us of any error in the account details in your Payment Authority Form or any other matter affecting our ability to obtain payment, as soon as practicable after you become aware of it.
8.3 You may apply to us for a credit account in relation to the Charges you may incur.
8.4 We may require that your application be accompanied by a completed credit application (in the form we determine from time to time). Based on that application and reports issued by any credit rating agency, we will determine the extent (if any) to which we will extend you credit. As a condition of extending you credit, we may require a bank guarantee or bond in our favour on terms satisfactory to us.
8.5 If you hold a credit account with us, we may at any time require you to submit a completed credit application so that we can review the extent (if any) to which we will continue to extend you credit. If we decide to continue extending you credit, we may as a condition of doing so require a bank guarantee or bond in our favour on terms satisfactory to us. If we decide to discontinue extending you credit, the balance then owing on your credit account becomes due and payable immediately.

9 Failure to Pay

9.1 You must notify us immediately you become aware that you will or might be unable to pay a Charge.
9.2 Neither your giving, nor our receipt, of that notice, affects our rights under these conditions.
9.3 If you do not pay an amount you owe us within 21 days of the date of invoice for that amount, you are liable to pay interest on that amount from and including the date that it was first due and payable to and including the day you pay it and all interest accrued on it.
9.4 Interest will be calculated daily at the Interest Rate.
9.5 If you do not pay an amount within 21 days of the date of the invoice for that amount we may also charge you an administration fee of $35.00 plus GST, for each month or part thereof during which the amount remains unpaid. The administration fee is due and payable immediately.
9.6 We may recover from you amounts you owe in relation to the use of the Airport or any Service.
9.7 You must pay all our costs on a full indemnity basis in recovering from you any money due to us under these conditions.

10 Extended Failure to Pay

10.1 If you fail to pay a Charge within 30 days of the date of the invoice for it, we may:
(a) refuse to allow your aircraft to use the Airport in accordance with the Crown Lease;
(b) use reasonable means to physically detain your aircraft until you have paid the Charges, all interest on the Charges, the administration fee and any other costs we have incurred as a result of you not paying the Charges;
(c) use reasonable means to physically detain any property of yours which is located at the Airport; and
(d) refuse you or any Associate access to the Airport.
10.2 If:
(a) on 2 or more occasions you have failed to pay Charges within 21 days of the date of the invoice for them (whether or not you have subsequently paid those Charges); or
(b) we have at any time commenced court action to recover a debt you owe us,
then we may require you to provide us with a bank guarantee or bond in accordance with clause 16, except that the notice period referred to in clause 16.1 for providing the bank guarantee or bond is 7 days.
10.3 Where we have required you to provide us with a bank guarantee or bond, we may:
(a) refuse to allow any or all of your aircraft to use the Airport; and
(b) refuse you or any Associate access to the Airport,
until you have provided to us the bank guarantee or bond.

11 Disputes

11.1 If you notify us within 10 days of the date of an invoice that you dispute all or any part of that invoice, and in our reasonable opinion you have grounds to dispute it, we will negotiate with you in good faith with a view to resolving the dispute. If only part of an invoice is disputed, you must pay the remainder by the due date.
11.2 If, in our reasonable opinion, you have no reasonable grounds for disputing an invoice, you must pay the invoice by its due date or, if that has passed, immediately.

12 Sale of Aircraft

12.1 If any Charge is not paid within 45 days of the date of the invoice for that Charge, we may sell your aircraft, or any other property of yours at the Airport, in accordance with schedule 5.
12.2 To the full extent allowed by law we are not liable for any loss, liability or expense you incur arising out of or in any way connected with:
(a) anything we do or do not do, in exercising our right of sale under these conditions, including not obtaining a proper price; and
(b) our application or payment of sale proceeds.

13 Liability & Insurance

13.1 Except to the extent required by law, we do not make any representation or warranty in connection with the Airport or any Service.
13.2 To the full extent allowed by law, we are not liable, in contract, tort (including negligence), bailment or otherwise, except in the case of our gross negligence or wilful misconduct for:
(a) any loss of or damage to an aircraft, its equipment or its load;
(b) any loss of or damage to any of your property;
(c) any loss of or damage to the property of the Crew or passengers of an aircraft;
(d) any loss or damage you suffer for any reason because the Airport or any part of it is closed or any Service at the Airport is unavailable;
(e) any personal injury or death in any way associated with your aircraft or your use of the Airport;
(f) any loss or damage in relation to our exercise or purported exercise of rights conferred on us by these conditions; and
(g) any indirect, special or consequential loss or damage,
arising out of or in any way connected with your use of the Airport or any Service or our exercise of any powers under these conditions or any Relevant Law.
13.3 At all times while you are using the Airport or any Service, you must:
(a) take out and maintain aviation liability insurance for at least $20 million (or such higher amount as we notify from time to time); and
(b) produce evidence of that insurance whenever we ask.

14 Statutory Terms

14.1 To the full extent allowed by law, we exclude all conditions, warranties and representations in connection with the use of the Airport or any Service which would otherwise be implied by the Relevant Law.
14.2 If we are liable for breach of any non-excludable condition or warranty implied by any Relevant Law in connection with any goods or services supplied, then, to the full extent allowed by law, our liability is limited to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.

15 Indemnities

15.1 You indemnify us against any loss, liability or expense arising out of a third party claim in any way connected with your use of, or presence on, the Airport (or that of your aircraft) or our exercise of any power under these conditions, whether arising in contract, tort (including negligence), bailment or otherwise.
15.2 You indemnify us against loss, liability or expense we incur as a result of your negligence or breach of any of these conditions.
15.3 You indemnify us against loss, liability or expense arising out of:
(a) any damage your aircraft causes to the Airport or Services or any other property of ours;
(b) our moving, removing or detaining any of your aircraft;
(c) claims for personal injury, death, loss, liability or expense caused or contributed to by you.
15.4 You indemnify us against any loss, liability or expense arising out of a claim in any way connected with the sale of your aircraft or any other property of yours which is conducted in accordance with these conditions.
15.5 An indemnity in our favour is also given for the benefit of our officers, employees, agents or contractors.
15.6 We need not incur expense or make payment before enforcing any right of indemnity under these conditions.
15.7 Your liability to the entities indemnified under this clause 15 will be reduced proportionally to the extent that any wilful misconduct or grossly negligent act or omission of those indemnified caused or contributed to the relevant loss.
15.8 Each indemnity in these conditions is a continuing obligation, separate and independent from your other obligations and survives termination of these conditions.

16 Security

16.1 You must on 30 days notice provide us with a bank guarantee or bond in our favour to secure your obligations in these conditions.
16.2 The amount of the bank guarantee or bond will be the greater of:
(a) $50,000.00;
(b) the aggregate of the previous 3 months Charges paid by you to us; or
(c) any other amount we consider reasonable,
and otherwise on terms we consider reasonable.
16.3 We may on 30 days written notice require you to increase the amount of the bank guarantee or bond if:
(a) you fail to pay any Charges; or
(b) you fail to comply with any of these conditions.
16.4 If you fail to pay any Charges or damage the Airport or the Services or otherwise breach these conditions, we can call on the bank guarantee or bond without notice to you.
16.5 If the bank guarantee or bond is called on, you must immediately provide us with a further bank guarantee or bond in the amount last required by this clause 16, failing which clause 9 will apply as if the reference to an amount due is a reference to a bank guarantee or bond.

17 GST

17.1 All amounts payable under these conditions are GST exclusive.
17.2 If GST is imposed on any supply made by us under these conditions, you must pay to us the amount imposed at the same time in addition to, and without setoff to, the amount you are required to pay us for the supply.
17.3 If GST is imposed on any supply by us under these conditions, we must give to you a tax invoice for the supply at the same time as you pay to us the full amount of the consideration payable for the supply in question.

18 Miscellaneous

18.1 Nothing in these conditions limits any action against you that we may take to recover amounts you owe us.
18.2 These conditions are governed by the laws of the Australian Capital Territory. You and we agree to take legal proceedings in connection with these conditions only in the courts of the Australian Capital Territory and courts of appeal from them.
18.3 All notices and other communications from us to you in connection with these conditions must be in writing.
18.4 They must be:
(a) left at your address last known to us;
(b) sent by prepaid ordinary post to that address;
(c) sent by fax to your fax number last known to us; or
(d) given in any other way permitted by law.
18.5 They take effect from the time they are received unless a later time is specified.
18.6 If sent by post, they are taken to be received 3 days after posting.

19 Meaning of Words

Airport means the Canberra Airport site occupied by us under the Crown Lease, which includes the Services. Where these conditions refer to:
(a) the Airport and the Services; or
(b) the Airport or the Services,
they do so to give emphasis to the Services in that context and do not in any way limit the meaning of Airport.
Associate means a person or company whose relationship to you, or whose arrangements or understandings with you, are such that, in our reasonable opinion, that person or company should, in relation to the Airport or any Services, be treated in all relevant respects in the same way as you.
Charges means for:
(a) RPT, Freight & Charter Operators, the charges described in schedule 1, and any other amount due and payable to us;
(b) persons who are not RPT, Freight & Charter Operators, the charges described in schedule 2, and any other amount due and payable to us; and
(c) the Commonwealth when operating military aircraft, the charges described in schedule 3, and any other amount due and payable to us.
Crew means flight crew and cabin crew.
Crown Lease means our lease of the Airport site from the Commonwealth of Australia.
GST has the meaning given in the GST Law.
GST inclusive means in relation to an amount payable or other consideration to be provided for a supply under these conditions, the amount or consideration will not be increased on account of any GST payable on that supply.
GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition legislation of the Commonwealth.
Interest Rate means the rate of 12% per annum.
Lease means an agreement in writing with us under which you, or anyone else, occupies any part of the Airport on any basis.
Long Term Maintenance means maintenance which will take more than 3 days to complete.
MTOW means the maximum take off weight of an aircraft.
Operations Manual means the aerodrome manual produced by us in accordance with the Civil Aviation Safety Regulations 1998 (Cth).
Other Payment Arrangements means arrangements for the payment of Charges of the kind described in clauses 8.2 to 8.4.
Payment Authority Form means a form developed by us and provided to you which authorises us to debit amounts directly from your nominated account.
Relevant Law means any present or future law, or any lawful obligation arising under such law directly or indirectly:
(a) in relation to us, with which we must comply in respect of the Charges, the Airport, Services and these conditions;
(b) in relation to you, with which you must comply in respect of your aircraft or their use, the Airport and the Services; or
(c) in relation to the Airport and the Services or their use.
This includes all laws relating to aviation safety, aviation security, work health & safety and environmental management at the Airport.
RPT, Freight & Charter Operator means an aircraft operator (whether international or domestic) who:
(a) operates an aircraft having a MTOW of 15,000kg or more; and
(b) has not entered into a separate agreement in relation to charges for such operations.
Services means the use of the runways, taxiways, aircraft parking areas and other aeronautical services and facilities at the Airport directly connected with those things. However, Services does not include any terminal, hangar or freight facilities, which (if you require them) will be the subject of a separate agreement.
we, us, ourselves and our means Canberra Airport Pty Limited (ACN 080 361 548) and Capital Airport Group Pty Limited (ACN 080 711 191) jointly and severally and includes our respective successors and assigns.
you and your includes:
(a) the legal owner of an aircraft which uses the Airport or any Service provided at the Airport;
(b) the operator of an aircraft which uses the Airport or any Service provided at the Airport;
(c) the pilot of an aircraft which uses the Airport or any Service provided at the Airport;
(d) any person or company which has any type of interest in an aircraft which uses the Airport or any Service provided at the Airport;
(e) the holder of the Certificate of Registration for an aircraft which uses the Airport or any Service provided at the Airport,
jointly and severally, and your legal personal representatives, successors and assigns.
your aircraft means an aircraft in respect of which you are a person described in the previous definition.

Schedule 1 RPT, Freight & Charter Operator Charges

Important notes: The charges in the table below:
• do not apply if we have a separate written agreement with you for the use of the Services (such as an Airport Services Agreement); and
• exclude all charges for terminal, passenger processing and security-related services, as these are not part of the Services provided under these conditions.

Charge Basis of Charge Rate
Unscheduled* landing charge per MTOW tonne per landing $95.00
Unscheduled* parking charge per MTOW tonne per calendar day or part thereof $85.00

* In the table above, Unscheduled means an individual service where you have not made prior arrangements with us at least 24 hours before your arrival at the Airport and we have therefore not agreed the date and time you may use the Airport. This includes regular public transport (RPT) aircraft diverted to the Airport for any reason and any other aircraft which arrive at the Airport unannounced.
For all other charges, please contact the Company Secretary on +61 2 6275 2222 or companysecretary@canberraairport.com.au.

Schedule 2 General Aviation Charges

Important notes: These charges do not apply if we have a separate agreement with you for the use of the Services (such as an Airport Services Agreement or an annual permit).
Applications for annual permits can be made by contacting us using the details in Schedule 6.
Charges for the period 1 July 2018 – 30 June 2019 (excl. GST)

Light Recreational Aircraft (LRA) Charges
Aircraft MTOW Basis of Charge Rate per day 1-3 (inclusive & consecutive) (excl. GST) Rate per day 4 & over (consecutive) (excl. GST)
<2,500kgs per calendar day or part thereof $31.58 $23.68
2,501-4,000kgs per calendar day or part thereof $73.67 $55.29
4,001-5,700kgs per calendar day or part thereof $119.28 $89.47
5,701-15,000kgs per MTOW tonne per calendar day or part thereof $26.21 $19.67

 

Light Commercial Aircraft (LCA) Charges
Aircraft MTOW Basis of Charge Rate (excl. GST)
<2,500kgs per calendar day or part thereof $41.06
2,501-4,000kgs per calendar day or part thereof $95.79
4,001-5,700kgs per calendar day or part thereof $155.11
5,701-15,000kgs per MTOW tonne per calendar day or part thereof $34.10

Light Recreational Aircraft means an aircraft with an MTOW of less than 15,000kg used for private (non-revenue) purposes.
Light Commercial Aircraft means an aircraft with an MTOW of less than 15,000kg used for commercial (revenue-generating) purposes.

Schedule 3 Military and VIP Aircraft

Landing Fees & Parking Charges: please contact Canberra Airport on +61 2 6275 2222 or commercial@canberraairport.com.au for further information on these fees and charges.

Schedule 4 Moving Aircraft

1.1 If we are required to move or remove your aircraft for any reason, we will give you as much notice as we reasonably can in the circumstances:
(a) that we intend to move or remove your aircraft;
(b) of the proposed location to which your aircraft is to be moved or removed;
(c) of the means by which we intend to move or remove your aircraft; and
(d) of what you must do to recover your aircraft.
1.2 If we can’t give you advance notice, we will notify you as soon as we can after we have moved or removed your aircraft:
(a) that we have moved or removed your aircraft;
(b) of its location; and
(c) of what you must do to recover your aircraft.

Schedule 5 Sale of Property

1.1 If we exercise our power of sale under these conditions, we may sell or agree to sell your aircraft (and any of its parts or accessories) or other property of yours on such terms and conditions we think fit. They will include but not be limited to the following:
(a) the sale may be by public auction, private treaty or by tender, for cash or on credit;
(b) the sale may be for a price or prices, and any price or prices may be less than market value;
(c) the sale may be with or without special provisions about title, or time, or means of payment of purchase money, or otherwise; and
(d) the sale may allow the purchase money to remain secured by a mortgage or charge over the property sold, or secured by other security, or without security, and on any other terms, without us being responsible for loss.
1.2 We may engage anyone in connection with the sale of your aircraft or any other property as we see fit.
1.3 We may enter into, rescind or vary a contract for sale, and resell without being responsible for loss, and execute assurances of the property sold in your name and on your behalf.
1.4 We may do anything to complete any sale which we consider desirable and set aside from the proceeds of sale any amount which we consider desirable to meet future claims until the possibility of claims being made has ended.
1.5 Without limiting any other provision of this schedule, in consideration of our allowing you or your aircraft to use the Airport and the Services, you irrevocably appoint us severally as your attorney for the purposes of exercising our rights under this schedule including selling or transferring the aircraft (and any of its parts or accessories) or other property of yours at the Airport.
1.6 We will apply the proceeds of a sale as follows:
(a) in reimbursing ourselves for any costs associated with the sale;
(b) in or towards the satisfaction of any outstanding Charges;
(c) if there remains any surplus, to you or anyone else entitled to it.
1.7 If the proceeds of sale are less than the amount you owe us, the outstanding balance remains owing by you to us according to these conditions, and all of our rights against you remain unaffected.
1.8 No one dealing with us on a sale of any aircraft (or any of its parts or accessories) or other property of yours under these conditions is bound to inquire what our rights and powers to deal in that way are or whether those rights or powers have been properly or regularly exercised. If we have exercised those rights or powers improperly or irregularly no one (other than us) is affected and the sale to them is valid.

Schedule 6 Contacts

Airport Address: Capital Airport Group Pty Limited
Level 4, 21 Terminal Avenue
Plaza Offices – West
Canberra Airport ACT 2609

For queries concerning these conditions and the Charges: Contact: +61 2 6275 2222 or
companysecretary@canberraairport.com.au
For queries concerning Accounts and invoices: Contact: +61 2 6275 2222 or
commercial@canberraairport.com.au
For queries concerning the use of the aprons, safety and security: Contact: +61 2 6275 2222 or
Manager – Airside Operations
airportoperations@canberrairport.com.au

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