Queensland: Airport Assets (Restructuring and Disposal) Act 2008 (Qld)

Airport Assets (Restructuring and Disposal) Act 2008 An Act to facilitate disposal of particular airport businesses, including by facilitating the restructure or disposal of airport entities, and to make provision about land use planning for, and control of, particular airports after the disposal Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Airport Assets (Restructuring and Disposal) Act 2008. 2 Commencement The following provisions commence on a day to be fixed by proclamation— (a) section 130; (b) chapter 7, part 7, division 3. 3 Main purposes of Act (1) The main purposes of this Act are— (a) to facilitate the carrying out of a project relating to the disposal of interests in airports at Cairns, Mackay and Brisbane; and (b) to establish a planning regime for airport land at Cairns and Mackay; and (c) to provide for particular matters about the continuing operation of airports at Cairns and Mackay. (2) It is the intention of the Parliament that the funds realised from the divestment of airport assets under this Act be applied towards health and other regional infrastructure and that any surplus be retained in the Queensland future growth fund for investment in future regional infrastructure. Part 2 Interpretation 4 Dictionary The dictionary in schedule 3 defines particular words used in this Act. 5 The project The project is— (a) disposing of particular airport businesses, assets and liabilities of Cairns Ports and Mackay Ports; and (b) taking steps to facilitate the disposal mentioned in paragraph (a), including by— (i) restructuring businesses, assets and liabilities of Cairns Ports and Mackay Ports, their subsidiaries and other airport entities; and (ii) disposing of airport entities: and (c) disposing of shares in BAC Holdings held by Gateway; and (d) taking other steps relating to the disposal of Gateway's interest in BAC Holdings, including— (i) restructuring Gateway and its assets for the purpose of the disposal; and (ii) facilitating agreement about the terms of a shareholders deed of covenant and facilitating execution of the deed; and (e) disposing of shares in Gateway held by POBC, and taking steps to facilitate that disposal. 6 Airport entities Each of the following is an airport entity— (a) Cairns Ports; (b) Mackay Ports; (c) POBC; (d) Gateway; (e) QIC; (f) QIC Infrastructure Management as trustee for QIC Brisbane Airport Infrastructure Trust; (g) QTH; (h) a company of which Cairns Ports, Mackay Ports, POBC or QIC is the ultimate holding company; (i) a government company established for the project; (j) a company that was an airport entity under paragraph (h), all of whose shares have been transferred to the State, to QTH or to a government company mentioned in paragraph (i). 7 Airport land Airport land is land that is Cairns airport land or Mackay airport land. 8 Cairns airport land (1) The following land is Cairns airport land— (a) land that, on the completion day for Cairns International Airport, has a property description mentioned in schedule 1, part 1; (b) land prescribed to be Cairns airport land under a regulation for this section. (2) However, land is not Cairns airport land if it is prescribed under a regulation for this section not to be Cairns airport land. (3) The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1)(b) unless the Minister is satisfied the land is or will be used in connection with Cairns International Airport. (4) Subject to subsection (2), land mentioned in subsection (1)(a) continues to be Cairns airport land even if, after the completion day, it has a different property description. (5) To remove any doubt, it is declared that there is no Cairns airport land until the completion day for Cairns International Airport. 9 Mackay airport land (1) The following land is Mackay airport land— (a) land that, on the completion day for Mackay Airport, has a property description mentioned in schedule 1, part 2; (b) land prescribed to be Mackay airport land under a regulation for this section. (2) However, land is not Mackay airport land if it is prescribed under a regulation for this section not to be Mackay airport land. (3) The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1)(b) unless the Minister is satisfied the land is or will be used in connection with Mackay Airport. (4) Subject to subsection (2), land mentioned in subsection (1)(a) continues to be Mackay airport land even if, after the completion day, it has a different property description. (5) To remove any doubt, it is declared that there is no Mackay airport land until the completion day for Mackay Airport. 10 References to functions In this Act— (a) a reference to a function includes a power; and (b) a reference to performing a function includes exercising a power. Chapter 2 Restructure and disposal of airport entities and related matters Part 1 Particular Ministerial powers and activities relating to the project 11 Associated activities For the purpose of the project, the Minister may do any of the following— (a) examine a business, asset or liability of an airport entity, including a record relating to a business, asset or liability; (b) decide the most appropriate way of restructuring a business, asset or liability of an airport entity, including by deciding whether or not a business, asset or liability of an airport entity is to be transferred to another airport entity; (c) decide the most appropriate way of disposing of an airport entity or of a business, asset or liability of an airport entity; (d) anything else necessary or incidental to facilitate the disposal of an airport entity or of a business, asset or liability of an airport entity or the continuing operation of an airport entity. 12 Transfer notice (1) For the purpose of the project, the Minister may, by gazette notice (a transfer notice), do any of the following— (a) transfer shares in an airport entity to another airport entity or the State; (b) transfer a business, asset or liability of an airport entity to another airport entity or the State; (c) make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b); (d) grant a lease, easement or other right to an airport entity; (e) vary or extinguish a lease, easement or other right held by an airport entity; (f) in relation to a lease held under the Land Act 1994— (i) transfer the lease; or (ii) change a purpose for which the lease is issued; or (iii) change a condition imposed on the lease; or (iv) grant a sublease; (g) in relation to a reserve under the Land Act 1994— (i) change a community purpose for which the reserve is dedicated; or (ii) remove a trustee of the reserve; or (iii) appoint a trustee of the reserve, subject to conditions or without conditions; (h) provide whether and, if so, the extent to which an airport entity is the successor in law of another airport entity or the State is the successor in law of an airport entity; (i) make provision for a legal proceeding that is being, or may be, taken by or against an airport entity to be continued or taken by or against another airport entity or the State; (j) make provision about the application of instruments to an airport entity, including— (i) whether an airport entity is a party to an instrument; and (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of an airport entity; and (iii) whether a reference to an entity in an instrument is a reference to an airport entity; and (iv) whether, under an instrument, an amount is or may become payable to or by an airport entity or other property is, or may be, transferred to or by an airport entity; and (v) whether a right or entitlement under an instrument is held by an airport entity; (k) provide that— (i) an instrument is a shareholders deed of covenant; and (ii) a party to the BACH Shareholders Agreement or a holder of shares in BAC Holdings is a party to the instrument; (l) make provision for the transfer or secondment of an employee of an airport entity to another airport entity; (m) make provision about the employees of an airport entity and their rights; (n) make provision about the records of an airport entity; (o) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the project. (2) A transfer notice may include conditions applying to something done or to be done under the notice. (3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— (a) signed by the Minister; and (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. (4) The transfer of a liability of an airport entity under a transfer notice discharges the entity from the liability, except to the extent stated in the notice. (5) A transfer notice has effect despite any other law or instrument. Example— A transfer notice removing a trustee of a reserve under the Land Act 1994 has effect despite the requirements that would otherwise apply to the removal if it were done by the land Minister under section 51(1) of that Act. (6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it. (7) If a transfer notice makes provision for a matter under subsection (1)(j) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— (a) updating a register or other record; and (b) amending, cancelling or issuing an instrument. (8) In this section— authority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. employee, of an airport entity, does not include a director of the entity. instrument includes an application or authority under an Act. land Minister means the Minister administering the Land Act 1994. lease includes sublease. responsible entity, for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument. 13 Limitation on power to second employees of an airport entity (1) The secondment of an employee under a transfer notice must not, without the employee's consent, involve— (a) a reduction in the employee's status; or (b) any change in the employee's duties that would be unreasonable having regard to the employee's skills, abilities and experience. (2) An employee's status is not reduced for the purposes of subsection (1)(a) by— (a) a reduction in the scope of the business operations for which the employee is responsible; or (b) a reduction in the number of employees under the employee's supervision or management; if the employee's functions in their general nature remain the same as, or similar to, the employee's functions before secondment. 14 Project direction (1) The Minister may give a direction (a project direction) to an airport entity or its board requiring the entity or board to do something the Minister considers necessary or convenient for effectively carrying out the project. (2) Without limiting subsection (1), a project direction may be about— (a) forming a company for the purpose of transferring a business, asset or liability to the company; or (b) winding up or deregistering a company; or (c) making or executing an instrument; or (d) making a particular decision about disposing of an interest held in an airport entity or a business, asset or liability; or (e) making a particular decision for the purpose of returning the proceeds of a disposal mentioned in paragraph (d) to the State; or Example— a decision about a dividend or return of capital (f) disclosing information. (3) A project direction must be in writing, signed by the Minister. (4) An airport entity must comply with a project direction given to it. (5) An airport entity's board must— (a) if a project direction is given to the board—comply with the direction; or (b) if a project direction is given to the entity—take the action necessary to ensure the entity complies with the direction. (6) An airport entity's employees must help the entity or board to comply with a project direction given to the entity or board. (7) This section does not apply to QIC, QIC Infrastructure Management or their boards. Part 2 Application of other laws and instruments 15 Chapter applies despite other laws and instruments A thing may be done under this chapter despite any other law or instrument. Example— In accordance with a project direction given to its board, a GOC may form a company that will become a subsidiary without obtaining the approval that would otherwise be required under the Government Owned Corporations Act 1993, section 163. 16 Excluded matter for Corporations Act Anything done by the Minister under this chapter is an excluded matter for the Corporations Act, section 5F, in relation to the Corporations Act, chapter 2D. 17 Non-liability for duty No duty under the Duties Act 2001 is payable in relation to anything done under a transfer notice. 18 Non-application of Property Law Act 1974 , s 121 The Property Law Act 1974, section 121, does not apply to a lease of airport land granted by an airport lessor. 19 Disposal of public records (1) This section applies if— (a) a thing is done under a transfer notice or project direction; and (b) the thing is, or involves, a disposal of a public record under the Public Records Act 2023. (2) To remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority. 20 Decisions not reviewable (1) A decision under this chapter— (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. (2) In this section— decision includes— (a) a decision to give a transfer notice or project direction; and (b) a decision or conduct leading up to or forming part of the process of making a decision. Part 3 Miscellaneous 21 Time within which Minister may act The Minister may not perform a function under this chapter on or after 1 July 2009. 22 Registering authority to note transfer or other dealing (1) The registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities— (a) may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and (b) must, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee entity. (2) A transaction, related to an asset or liability transferred to a transferee entity, entered into by the transferee entity in the relevant transferor entity's name or the name of a predecessor in title to the relevant transferor entity, if effected by an instrument otherwise in registrable form, must be registered even though the transferee entity has not been registered as proprietor of the asset or liability. (3) If an asset or liability is registered in the name of a transferor entity, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice. (4) In this section— transferee entity means the entity to which an asset or liability is transferred under a transfer notice. transferor entity means the entity from which an asset or liability is transferred under a transfer notice. 23 Confidentiality agreement with prospective purchasers (1) A prospective purchaser may enter into a confidentiality agreement with the State for the purpose of obtaining access to information in the possession or control of an airport entity. (2) The agreement must state— (a) the information to which access may be given; and (b) the employees or agents of the prospective purchaser to whom the access may be given; and (c) any conditions of the agreement. (3) Information mentioned in subsection (2)(a) may be identified by description including by a stated category. (4) The persons mentioned in subsection (2)(b) may be identified by name, by a stated class, or by being a person approved by the State. (5) In this section— (a) a reference to an agreement includes a deed; and (b) a reference to entering into an agreement with the State includes executing a deed in favour of the State. (6) In this section— prospective purchaser means a person who has expressed to the State an interest in purchasing an airport entity, shares in an airport entity or part or all of a business of an airport entity. 24 Disclosure and use of information for the project (1) A person may disclose information in the possession or control of an airport entity, for the purpose of the project, to— (a) a person involved in the project; or (b) a person to whom the information may be given under a confidentiality agreement; or (c) an airport entity, or employee or agent of an airport entity. (2) An airport entity or its board must comply with a request by the Minister for the disclosure of information under subsection (1) to a person. (3) A person may use information in the possession or control of an airport entity for the purpose of the project. (4) Also, to remove any doubt, it is declared that a person may disclose or use information in compliance with a transfer notice or project direction. (5) A person who, acting honestly, discloses or uses information under this section is not liable, civilly, criminally or under an administrative process, for the disclosure or use. (6) In this section— confidentiality agreement means an agreement mentioned in section 23, whether entered into or executed before or after the commencement of this section. 25 Effect on legal relationships (1) Nothing done under this chapter— (a) makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or (b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or (c) except as expressly provided under a transfer notice, is taken to fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; or (d) releases a surety or other obligee, wholly or partly, from an obligation. (2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this chapter, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally. Example— A contract entered into by an airport entity provides that the entity agrees not to transfer a particular asset without a particular person's consent and that, if the consent is given, it may be subject to particular conditions. If the asset is transferred to another airport entity under a transfer notice, the consent required under the contract is taken to have been given unconditionally. (3) If, apart from this subsection, giving notice to a person would be necessary to do something under this chapter, the notice is taken to have been given. (4) In this section— relevant entity means— (a) the State or an employee or agent of the State; or (b) an airport entity or an employee or agent of an airport entity. 26 Things done under this chapter To remove any doubt, it is declared that a thing is taken to be done under this chapter if it is done by, or in compliance with, a transfer notice or project direction, even if the thing includes taking steps under another Act. Example— An airport entity is a lessee of land under the Land Act 1994. In compliance with a project direction, the airport entity grants a sublease of the land. The grant of the sublease is taken to be done under this chapter. So, under section 25(2), any approval to the sublease that would otherwise be required under the Land Act 1994, section 332, is taken to have been given unconditionally. 27 Preservation of rights of seconded employees (1) This section applies if an employee of an airport entity (the employer) is seconded to another airport entity under a transfer notice. (2) The employee is taken to continue to be employed by the employer on the same terms and conditions as applied before the secondment, subject to any subsequent variation of those terms and conditions under any applicable law or contract. (3) The secondment does not— (a) affect the employee's benefits, entitlements or remuneration; or (b) prejudice the employee's existing or accruing rights to superannuation or recreation, sick, long service or other leave; or (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or (d) constitute a termination of employment by the employer, retrenchment or redundancy. (4) The secondment continues, even if the other airport entity stops being an airport entity, until the secondment is ended by the employer or the employee's employment with the employer ends. (5) In this section— employee, of an airport entity, does not include a director of the entity. 28 Preservation of rights of transferred employees (1) This section applies to the transfer of an employee of an airport entity (the former employer) to another airport entity as part of the project. (2) The transfer does not— (a) affect the employee's benefits, entitlements or remuneration; or (b) prejudice the employee's existing or accruing rights to superannuation or recreation, sick, long service or other leave; or (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or (d) constitute a termination of employment by the former employer, retrenchment or redundancy; or (e) entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or (f) require the former employer to make any payment in relation to the employee's accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee. (3) In this section— employee, of an airport entity, does not include a director of the entity. 29 Evidentiary aids (1) This section applies to a proceeding under this chapter. (2) A certificate signed by the Minister stating any of the following matters is conclusive evidence of the matter— (a) that a stated thing was, or is being, done for the purpose of the project; (b) that a stated person is, or was at a stated time, involved in the project; (c) that a stated company was established for the project; (d) that a stated direction given by the Minister related to the project. (3) A document certified by the Minister to be a copy of a project direction is conclusive evidence of the direction. Chapter 3 Land use plans and development on airport land Part 1 Land use plans for airport land Division 1 Preliminary 30 Definitions for pt 1 In this part— core matters, in relation to a land use plan (including its preparation), means each of the following matters— (a) land use and development; (b) core airport infrastructure; (c) valuable features. land use and development, for an area, includes each of the following— (a) the location of, and the relationships between, the land uses in the area; (b) the current effects of land use in the area; (c) the likely effects of any proposed development of the airport land; (d) the accessibility to, and within, the airport land. valuable features includes each of the following, whether terrestrial or aquatic— (a) resources or areas that are of ecological significance (such as habitats, wildlife corridors, buffer zones, places supporting biological diversity or resilience, and features contributing to the quality of air, water (including catchments or recharge areas) and soil); (b) areas contributing significantly to amenity (such as areas of high scenic value, physical features that form significant visual backdrops or that frame or define places or localities, and attractive built environments); (c) areas or places of cultural heritage significance (such as areas or places of indigenous cultural significance, or aesthetic, architectural, historical, scientific, social or technological significance, to the present generation or past or future generations); (d) resources or areas of economic value (such as extractive deposits, fishery resources, forestry resources, water resources, sources of renewable and non-renewable energy and good quality agricultural land). Division 2 Airport lessee's first land use plan 31 Notice of first land use plan (1) The Minister must, as soon as practicable after the completion day for each airport, publish notice in the gazette of the land use plan (the first land use plan) for the airport lessee's airport land. (2) Section 35, other than section 35(1)(c) and (d), applies to the first land use plan. (3) The Minister may act under subsection (1) in relation to a land use plan only if satisfied— (a) the plan satisfactorily deals with the core matters relevant to the plan; and (b) State interests will not be adversely affected by the plan. (4) The Minister must give a copy of the gazette notice and the first land use plan to— (a) the airport lessee; and (b) the local government. (5) The local government must make a note on each relevant map in the local government's planning scheme that— (a) identifies the airport land to which the first land use plan applies; and (b) states that interested persons may obtain details of the land use plan from the airport lessee for the airport land. 32 Status of first land use plan The first land use plan for an airport lessee's airport land— (a) becomes the land use plan for the airport land on and from the day notice of the plan is published in the gazette; and (b) is taken to be the land use plan for the airport land approved under this part until it is replaced or amended under the part. Division 3 Initial requirement to make new plan or amend first land use plan 33 Requirement to replace or amend first land use plan (1) Within 2 years after the completion day for its airport, the airport lessee must, under division 4, prepare a statement of proposal and a draft plan in relation to— (a) replacing the lessee's first land use plan; or (b) amending the lessee's first land use plan to include the matters mentioned in section 35(1)(c) and (d). (2) Subsection (1)(b) does not limit the matters that may be included in the first land use plan. (3) Divisions 4 and 5, other than section 34, apply to the preparation and approval of the replacement land use plan or amendment. Division 4 Land use plans—generally 34 Requirement to prepare land use plan At least every 8 years after the day an airport lessee's first land use plan is replaced or amended in compliance with section 33, the lessee must prepare a land use plan for the lessee's airport land for approval under this division. 35 Content of land use plan (1) A land use plan for an airport lessee's airport land must— (a) state details of— (i) the airport land; and (ii) the current and intended uses of the airport land; and (b) coordinate and integrate the core matters relevant to the land use plan; and (c) include a schedule of charges (a charges schedule) the local government may, subject to section 43, levy for infrastructure provided by the local government in relation to development on the airport land; and (d) include an infrastructure interface plan for the land use plan; and (e) include any other matter prescribed by regulation. (2) A land use plan for airport land may, for the Planning Act, do 1 or more of the following— (a) categorise development on the airport land as assessable development or accepted development; (b) state whether development categorised as assessable development under the plan requires code assessment or impact assessment under the Planning Act; (c) state assessment benchmarks for the Planning Act that assessable development under the plan must be assessed against; (d) categorise particular development on the airport land that is inconsistent with the plan as assessable development requiring impact assessment under the Planning Act. (3) Also, a land use plan may— (a) state that particular development is consistent or inconsistent with the plan; or (b) state that any part of the airport land is intended to remain undeveloped land or part of a buffer zone; or (c) include details of any land proposed to become part of the airport land. (4) Despite subsection (2)(a) and (d), the land use plan must not, for the Planning Act, categorise any of the following development on the airport land as assessable development— (a) development that is a material change of use of premises for core airport infrastructure if the development is consistent with the plan; (b) development categorised as accepted development under a regulation made under the Planning Act; (c) development that a local categorising instrument under the Planning Act is prohibited, under section 43(5)(b) of that Act, from stating is assessable development. 36 Statement of proposal for preparation of land use plan or amendment of plan (1) An airport lessee must prepare a statement (statement of proposal) about— (a) the preparation of a land use plan; or (b) an amendment of a land use plan, unless the amendment— (i) is to remove land from the land use plan; or (ii) relates to land that is already airport land and the amendment does not change any use— (A) from development that is inconsistent with the plan to development that is consistent with the plan; or (B) from assessable development to accepted development under the Planning Act; or (iii) is a minor amendment of the land use plan. (2) The statement of proposal must— (a) identify matters the airport lessee anticipates the land use plan will address; and (b) state how the airport lessee intends to address each relevant aspect of the core matters in the land use plan. (3) The airport lessee must give a copy of the statement of proposal to— (a) the local government; and (b) the planning Minister. 37 Draft plan for preparation or amendment of land use plan After complying with section 36, and section 38 to the extent the section relates to a statement of proposal, an airport lessee must— (a) take appropriate account of issues raised as a result of consultation under section 38 in relation to the statement of proposal; and (b) prepare a draft (draft plan) of— (i) if the statement of proposal is for the preparation of a land use plan—the land use plan; or (ii) if the statement of proposal is for an amendment of a land use plan—the amendment of the land use plan; and (c) give a copy of the draft plan to— (i) the local government; and (ii) the planning Minister. 38 Consultation on statement of proposal or draft plan (1) This section applies if an airport lessee prepares a statement of proposal under section 36 or a draft plan under section 37. (2) The airport lessee must publish, at least once in a newspaper circulating generally in the area to which the statement of proposal or the draft plan relates, a notice stating the following— (a) the name of the airport lessee; (b) the name of the airport to which the statement of proposal or draft plan relates; (c) that the airport lessee has prepared a statement of proposal or a draft plan, and that it is available for inspection and purchase; (d) a contact telephone number for information about the statement of proposal or draft plan; (e) that any person may make written submissions about the statement of proposal or draft plan to the airport lessee; (f) that the local government may make written submissions about the statement of proposal or draft plan to the planning Minister; (g) the period (the consultation period) during which submissions mentioned in paragraph (e) or (f) may be made; (h) the requirements for properly making a submission. (3) The consultation period must be— (a) for a statement of proposal—at least 20 business days after the notice is first published under subsection (2); or (b) for a draft plan—at least 40 business days after the notice is first published under subsection (2). 39 Consideration of draft plan and local government submissions (1) On receiving a draft plan, the planning Minister must consider whether or not any State interests would be adversely affected by the proposed draft plan. (2) Also, before approving a draft plan or recommending approval of a draft plan to the Governor in Council under this division, the planning Minister must— (a) consider any submissions given to the planning Minister by a local government under section 38(2); and (b) give the local government a written notice about the planning Minister's considerations under paragraph (a). 40 Directions for amendment of draft plan (1) The planning Minister may return a draft plan prepared by the airport lessee for amendment in the way directed by the planning Minister. (2) A copy of the direction must be published in the gazette within 21 days after it is given. 41 Approval of land use plans (1) The planning Minister may approve a draft plan if satisfied that— (a) the draft plan, or land use plan as amended by the draft plan, satisfactorily deals with the core matters relevant to the land use plan; and (b) the airport lessee has taken appropriate account of issues raised in written submissions made to it under section 38(2); and (c) the local government does not have a substantial objection to the draft plan; and (d) State interests will not be adversely affected by the draft plan. (2) If the planning Minister is satisfied about subsection (1)(a), (b) and (d) but is satisfied that the local government has a substantial objection to the draft plan, the draft plan may only be approved by the Governor in Council. (3) Approval of a land use plan, or an amendment of a land use plan, must be notified in the gazette within 21 days after it is given. (4) The approval takes effect when it is notified in the gazette. 42 Airport lessee to publish approved plan Each airport lessee must ensure the airport lessee's current land use plan approved under this part is published on the airport lessee's website. Division 5 Local government charges for infrastructure 43 Charges for particular infrastructure (1) In preparing a charges schedule for a land use plan, the airport lessee must consult with— (a) the local government; and (b) the planning Minister. (2) A charge under the charges schedule may only be levied for the following infrastructure provided by the local government— (a) drainage; (b) public transport; (c) roads; (d) sewerage and water supply headworks. (3) A charge included under the charges schedule must be worked out on the basis of the relevance of the infrastructure for which the charge is to be made to the actual proposed development. Division 6 Other matters 44 Notification about airport land and land use plans on planning schemes (1) If a land use plan for airport land is approved or amended under division 4, the planning chief executive must— (a) give written notice of the details of the plan or amendment to the local government; and (b) make a note on each relevant map in the local government's planning scheme held by the planning chief executive. (2) On receiving the notice under subsection (1), the local government must make a note on each relevant map in the local government's planning scheme. (3) The note must— (a) identify the airport land to which the land use plan applies; and (b) state that interested persons may obtain details of the land use plan from the airport lessee for the airport land. 45 Effect of land ceasing to be airport land (1) This section applies if land (former airport land) ceases to be airport land. (2) The airport lessee for the airport land must give written notice of the particulars of the former airport land to— (a) the local government for the local government area within which the former airport land is situated; and (b) the planning chief executive. (3) An entity given a notice under subsection (2) must make a note on each relevant map in the local government's planning scheme held by the entity. (4) The note must indicate that the former airport land is no longer subject to the land use plan. (5) On and from the day land ceases to be airport land, the land use plan that, other than for this section, would apply to the land is taken not to apply to the land. (6) Subsection (5) applies to former airport land even if the land use plan has not been amended to show the former airport land is not included in the plan. 46 Ministerial direction to airport lessee (1) This section applies if the planning Minister is satisfied a minor amendment of a land use plan for airport land is required. (2) The planning Minister may, by written notice, direct the airport lessee to make the minor amendment within a stated reasonable period. (3) The notice must state the reasons for deciding to give the direction. (4) Before giving a direction to an airport lessee under subsection (2), the planning Minister must consult with the lessee. (5) The airport lessee must comply with the direction. Part 2 Relationship with Planning Act and particular matters about development on airport land Division 1 Preliminary 47 Application of Planning Act (1) Subject to this part, the Planning Act applies for development on airport land. (2) If there is an inconsistency between this part and the Planning Act, this part prevails to the extent of the inconsistency. Division 2 Particular provisions about development on airport land 48 Airport land not subject to local planning instrument (1) Airport land is not subject to a local planning instrument under the Planning Act. (2) Subsection (1) has effect despite the Planning Act, chapter 2, part 3. 49 [Repealed] 50 [Repealed] 51 Restriction on conditions of development approvals (1) The assessment manager for a development application for development on airport land may impose a contribution condition on the development approval for the application only in relation to the following infrastructure provided by a local government— (a) drainage; (b) public transport; (c) roads; (d) sewerage and water supply headworks. (2) A condition can not be imposed on a development approval for reconfiguring a lot on airport land if the condition requires a monetary payment to anyone for the reconfiguration. (3) In this section— contribution condition, for a development approval, means a condition of the approval requiring the payment of an amount to a local government for infrastructure provided by the local government in relation to the development. 52 Particular provisions of Planning Act do not apply in relation to airport land (1) The Planning Act, section 263 does not apply in relation to airport land. (2) A person is not entitled to claim compensation under the Planning Act, chapter 2, part 4, division 2 or any other law in relation to a change to a land use plan affecting the person's interest in any airport land. 53 Modified application of Planning Act , s 265 (1) A person may apply to the planning chief executive for a planning and development certificate under the Planning Act, section 265 for premises on airport land. (2) The application must be accompanied by the fee prescribed under a regulation. (3) For subsection (1)— (a) the Planning Act, section 265(3) applies as if a reference in the subsection to a local government were a reference to the planning chief executive; and (b) a regulation made under the Planning Act, section 265(4) applies— (i) as if a reference in the regulation to a local government were a reference to the planning chief executive; and (ii) as if a reference in the regulation to a planning scheme were a reference to a land use plan; and (iii) as if a reference in the regulation to an LGIP were a reference to a charges schedule for a land use plan; and (iv) as if the regulation provides that a planning and development certificate must also be accompanied by— (A) any statement of proposal for the airport land notified under section 38(2), if a draft plan in relation to the statement of proposal has not yet been approved under section 41; or (B) any draft plan for the airport land notified under section 38(2) but not yet approved under section 41; and (v) with other necessary changes. 54 When development on local heritage place is not assessable development (1) Subsection (2) applies if a regulation made under the Planning Act categorises development on local heritage places as assessable development. (2) The development is not assessable development under the Planning Act to the extent the local heritage place is on an airport lessee's airport land. (3) Subsections (1) and (2) apply to development on the local heritage place whether or not it became a local heritage place before or after the completion day for the airport lessee's airport. (4) In this section— local heritage place means a place on a local heritage register within the meaning of the Queensland Heritage Act 1992. 55 Restriction on designation of premises under Planning Act for development of infrastructure (1) Despite the Planning Act, chapter 2, part 5, only the planning Minister may, under that part, make a designation of premises that is, or includes, airport land. (2) Development carried out on premises that are the subject of a designation under the Planning Act made by a Minister is accepted development to the extent the development— (a) is carried out under the designation; and (b) would, other than for this subsection, be assessable development under a land use plan for airport land. (3) Subsection (2) does not limit the Planning Act, section 44(6)(b). 56 [Repealed] Division 3 Notice of development approval 57 Requirement to give notice of development approval and infrastructure agreement (1) If the planning chief executive gives a development approval for development on airport land, the planning chief executive must, within 5 business days after giving the approval, give a copy of the approval to the local government. (2) If an applicant for a development approval for development on airport land enters into an infrastructure agreement under the Planning Act in relation to the development, the applicant must give a copy of the agreement to— (a) the local government; and (b) if the planning chief executive is not a party to the agreement—the planning chief executive. Division 4 Protection of existing uses and rights 58 Existing lawful uses, works and approvals (1) If, immediately before a land use plan for airport land is amended or replaced, a use of premises on the airport land was a lawful use of premises under the Planning Act, the plan as amended or replaced does not— (a) stop the use from continuing; or (b) further regulate the use; or (c) require the use to be changed. (2) If a land use plan for airport land is amended or replaced after building or other works have been lawfully constructed or effected on the airport land, the plan as amended or replaced does not require the building or works to be altered or removed. (3) If a land use plan for airport land is amended or replaced after a development approval is given for premises wholly or partly on the airport land, the plan as amended or replaced does not— (a) stop or further regulate the development; or (b) otherwise affect the approval to any extent to which the approval remains in effect. 59 Implied and uncommenced right to use (1) This section applies if— (a) a development approval comes into effect for premises wholly or partly on airport land; and (b) when the application for the approval was properly made under the Planning Act or the repealed Sustainable Planning Act 2009, a material change of use for a use that the application implies did not require a development permit under the land use plan for the airport land; and (c) after the application was properly made, but before the use started— (i) the land use plan was amended or replaced and the material change of use is assessable development under the plan as amended or replaced; or (ii) the premises, to the extent they are on airport land, stopped being airport land and the material change of use is categorised as assessable development under a local planning instrument under the Planning Act. (2) The use is taken, for the Planning Act, to be a lawful use in existence immediately before the plan as amended or replaced took effect, or the local planning instrument started applying to the premises, if— (a) the development approval has not lapsed; and (b) the use starts within 5 years after the completion of the development the approval is for. Division 5 Other matters 60 Delegation of particular functions of planning chief executive (1) The planning chief executive may, in relation to a development application for airport land, delegate the planning chief executive's relevant administrative functions to the local government. (2) If the planning chief executive delegates any relevant administrative functions to the local government, the planning chief executive must— (a) give written notice of the delegation to the airport lessee for the airport land; and (b) publish the notice on the website of the department in which the Planning Act is administered. (3) In this section— relevant administrative functions, in relation to a development application, means the planning chief executive's functions under the Planning Act for matters relating to the administration and enforcement, under that Act, of a development approval given for the application. 61 Amendment of planning schemes (1) This section applies to the planning scheme of a local government for the local government area within which airport land is situated. (2) The local government must amend its planning scheme to reflect consequential changes to the scheme required because of the application of this chapter. (3) Despite the Planning Act— (a) a notice or amended notice given under section 18(3) of that Act for an amendment mentioned in subsection (2), must not state the things mentioned in section 18(5)(a) to (g) of that Act; and (b) an amendment mentioned in subsection (2) does not require the approval of the planning Minister before the amendment is made. Chapter 4 Control of activities at airports Part 1 Airport notices 62 Airport lessor may control activities by airport notice An airport lessor may display or publish a notice (an airport notice) to control any of the following activities or conduct on its airport land or a part of its airport land— (a) movement of persons including, for example, where the movement of members of the public, or another identified group, is restricted or prohibited; (b) entry, movement, standing or parking of vehicles; (c) movement, standing or parking of aircraft; (d) movement, handling or storage of baggage or goods; (e) other activities or conduct to the extent necessary to ensure the security or safety of persons or property. 63 Display or publication of airport notices (1) To have effect, an airport notice must— (a) be displayed on or near the thing to which it relates; or (b) be published on the airport lessor's website. (2) Before an airport notice mentioned in subsection (1)(b) has effect, the airport lessor issuing the airport notice must publish it on at least 2 occasions in a newspaper circulated in the area to which the airport notice relates. (3) A copy of an airport notice must be available during normal business hours for inspection, or for purchase at a reasonable cost, at the office of the airport lessor that is in, or nearest to, the area to which the notice relates. 64 Airport notice may refer to documents held by airport lessor (1) An airport notice may require a person to comply, in whole or in part, with a requirement of a stated document held by the airport lessor. (2) However, the requirement must be able to be made by an airport notice under this part. (3) If the document is a standard, the airport notice must state that a copy of the standard is available during normal business hours for inspection, or for purchase at a reasonable cost, at a stated office of the airport lessor that is in, or nearest to, the area to which the notice relates. (4) If the document is not a standard, the airport notice must— (a) include a copy of the document; or (b) do both of the following— (i) include a summary of the requirement; (ii) state that a copy of the document is available during normal business hours, free of charge, at a stated office of the airport lessor that is in, or nearest to, the area to which the notice relates. (5) In this section— standard means a code, guide, rule, specification, standard or other document adopted, made or published by any of the following entities— (a) the Civil Aviation Safety Authority; (b) the International Civil Aviation Organisation; (c) the Office of Transport Security; (d) the chief executive of the department in which the Transport Infrastructure Act 1994 is administered. 65 Airport notices generally (1) An airport notice— (a) must indicate the area to which the airport notice applies; and (b) if contravention of a requirement of the airport notice is an offence against this chapter—must state that fact and the maximum penalty for the offence. (2) Evidence that a sign was displayed on or near the thing to which it relates is evidence that the notice was displayed by the airport lessor. (3) An airport notice displayed on or near the thing to which it relates must be clearly visible to passers-by. 66 Notices at entrances (1) This section applies if— (a) an airport lessor erects or displays a notice at each entrance commonly used by persons to gain access to its airport land; and (b) the notice contains information about the airport land; and (c) in a case where use of its airport land or facilities gives rise to a liability for charges—the notice states this and indicates generally the nature of the charges; and (d) in a case where a contravention of a requirement of the notice is an offence—the notice states this and indicates generally the penalties that apply; and (e) a person gains access to the airport land by using another entrance. (2) The person is taken to be aware of the information in the notice. 67 Offence of not complying with an airport notice A person must comply with each requirement of an airport notice, unless the person has a reasonable excuse for not complying with it. Maximum penalty— (a) for a contravention of a requirement about the parking of an aircraft—50 penalty units; or (b) for a contravention of a requirement about the movement, handling or storage of goods—50 penalty units; or (c) for a contravention of a requirement about any other matter—25 penalty units. Part 2 Authorised officers 68 Appointment and qualifications of authorised officers (1) An airport lessor may appoint a person as an authorised officer for the airport. (2) However, the airport lessor may appoint a person as an authorised officer for the airport only if the airport lessor is satisfied the person is qualified for appointment because the person has the necessary expertise or experience. (3) A regulation may make provision about the appointment of authorised officers, including qualifications required for appointment. 69 Appointment conditions and limit on powers (1) An authorised officer holds office on any conditions stated in— (a) the authorised officer's instrument of appointment; or (b) a signed notice given to the authorised officer; or (c) a regulation. (2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer's powers under this Act. (3) In this section— signed notice means a notice signed by the airport lessor or an officer of the airport lessor who is authorised by it to sign notices. 70 Issue of identity card (1) The airport lessor must issue an identity card to each authorised officer. (2) The identity card must— (a) contain a recent photo of the authorised officer; and (b) contain a copy of the authorised officer's signature; and (c) identify the person as an authorised officer for the airport under this Act; and (d) state an expiry date for the card. 71 Production or display of identity card (1) In exercising a power under this Act in relation to a person, an authorised officer must— (a) produce the authorised officer's identity card for the person's inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the person when exercising the power. (2) However, if it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for the person's inspection at the first reasonable opportunity. 72 When authorised officer ceases to hold office (1) An authorised officer ceases to hold office if— (a) the term of office stated in a condition of office ends; or (b) under another condition of office, the authorised officer ceases to hold office. (2) Subsection (1) does not limit the ways an authorised officer may stop holding office. (3) In this section— condition of office means a condition on which the authorised officer holds office. 73 Return of identity card A person who ceases to be an authorised officer for an airport must return the person's identity card to the airport lessor within 14 days after ceasing to be an authorised officer unless the person has a reasonable excuse. Maximum penalty—10 penalty units. Part 3 Directions 74 Authorised officer may give directions (1) An authorised officer for an airport may give a verbal direction to a person on the airport land if giving the direction is reasonably necessary to— (a) ensure the safety or security of the airport land, its users or the airport lessor's employees or invitees; or (b) prevent the person's activities or conduct from affecting the airport's operation. Examples of directions that may be given for subsection (1)— • a direction to control the parking of an aircraft or the movement, stopping or parking of a vehicle • a direction to control the movement, handling or storage of goods that are loaded, waiting to be loaded, unloaded or being transhipped • a direction to control the movement of persons (2) Subsection (3) applies if an authorised officer— (a) finds a person committing an offence, or reasonably suspects that a person has just committed an offence, against section 85; or (b) reasonably believes that a person's presence at the airport facilities may pose a threat to the safety or security of the airport facilities, its users or the airport lessor's employees or invitees; or (c) reasonably believes that a person is in an area of the airport facilities without lawful justification or excuse. (3) An authorised officer may give a verbal direction to the person to— (a) immediately leave the airport facilities, or an area of the airport facilities; or (b) immediately leave the airport facilities, or an area of the airport facilities, and not return for at least 24 hours. (4) An authorised officer must identify himself or herself as an authorised officer if the authorised officer gives a verbal direction by radio, megaphone or another form of distance communication. 75 If a person does not comply with a direction (1) If the person does not comply with a verbal direction given by an authorised officer under section 74, the authorised officer may give the person a written notice stating— (a) the authorised officer's name; and (b) the direction; and (c) a brief statement about the authorised officer's reason for giving the direction; and (d) a further reasonable time within which the person must comply with the direction; and (e) when the direction was given. (2) If it is not possible or reasonable for the authorised officer to give the person a written notice at the time the person does not comply with a verbal direction given by an authorised officer under section 74, the authorised officer— (a) may give the person a further verbal direction stating the information mentioned in subsection (1)(a) to (d); and (b) must give the person the written notice the person would have received at the time the person did not comply with the verbal direction as soon as practicable after giving the further verbal direction. (3) At the time the authorised officer gives the person a written notice under subsection (1), or a further verbal direction under subsection (2)(a), the authorised officer must warn the person that the person may commit an offence unless the person complies with the direction within the stated time. 76 Offence of not complying with a direction Unless a person has a reasonable excuse, a person must comply with a direction given to the person by an authorised officer under section 75, within the reasonable time stated in a written notice under section 75(1) or as part of a further verbal direction under 75(2)(a). Maximum penalty— (a) if the contravention results in a significant delay to airport operations—200 penalty units; or (b) otherwise— (i) for a contravention of a direction to leave the airport facilities or an area of the airport facilities, or leave the airport facilities or an area of the airport facilities and not return for 24 hours—100 penalty units; or (ii) for a contravention of a direction about the parking of an aircraft—50 penalty units; or (iii) for a contravention of a direction about the movement, handling or storage of goods—50 penalty units; or (iv) for a contravention of another direction—25 penalty units. Part 4 Moving contravening property 77 Moving contravening property (1) This section applies if— (a) an authorised officer for an airport reasonably believes that an aircraft, vehicle or goods in an airport or at an airport facility is contravening property; and (b) the authorised officer reasonably believes that it is necessary to move the contravening property having regard to—