• About Mackay Airport
  • Mackay Airport Profile
  • Airport History
  • Conditions of Use
    1. About these Standard Conditions and Mackay Airport
    2. Our Service Charter and Service Performance
    3. Your use of Mackay Airport
    4. Information you must give us
    5. Parking and aircraft removal
    6. Mackay Airport Allocation Rules
    7. Mackay Airport security
    8. Insurance
    9. Interruptions to Airport Services
    10. Aviation Charges
    11. Things that can change Aviation Charges
    12. Government Mandated Costs and Government Mandated Charges
    13. Payment of Aviation Charges and Government Mandated Charges
    14. Credit accounts for Aviation Charges and Government Mandated Charges
    15. Indemnities and release
    16. Statistical information
    17. Acts and regulations
    18. GST (Goods and Services Tax)
    19. Privacy and data protection
    20. Confidential Information
    21. Dispute resolution
    22. Notices
    23. Definitions
  • Schedules

Mackay Airport Conditions of Use

11 Things that can change Aviation Charges

11.1 Certain occurrences change Aviation Charges

Clauses 11.2 to 11.4 provide for matters that may change Aviation Charges throughout the Term. If the matters set out in clauses 11.2 to 11.4 occur, we will notify you of the changes to the Aviation Charges and the basis of the Aviation Charge in accordance with clause 1.9.

11.2 Minor Aviation Infrastructure and Facilities Investments and Major Aviation Infrastructure and Facilities Investments

Minor Aviation Infrastructure and Facilities Investments to be made after the Start Date have been taken into account by us in setting the Aviation Charges. Any under or over expenditure by us on the Minor Aviation Infrastructure and Facilities Investments, Airport traffic volumes, and official interest rate changes are at our risk. To avoid any doubt, Aviation Charges will not increase as a result of the Minor Aviation Infrastructure and Facilities Investments.

Major Aviation Infrastructure and Facilities Investments to be made after the Start Date have not been taken into account by us in setting the Aviation Charges. You acknowledge that we are responsible for all Major Infrastructure and Facilities Investment decisions within areas at Mackay Airport. If we decide to make a Major Aviation Infrastructure and Facilities Investment we may increase the Aviation Charges.

However, before we make a final decision on any Major Aviation Infrastructure and Facilities Investment, we agree to consult with, and negotiate in good faith with, our Major Users about any necessary related increases to Aviation Charges. Any disputes between Mackay Airport and Major Users about Major Aviation Infrastructure and Facilities Investments must be dealt with under clause 21.

11.3 Aviation Charges incentive rebate

We will provide incentive rebates to you for the development of new routes and for an agreed level of additional capacity on existing routes on a basis to be set by Mackay Port Authority from time to time. The rebate is conditional on your new service growing the total domestic and international passengers during the year of the rebate. The purpose of the condition is to ensure that there is not simply a re-distribution of the present traffic and neither rebates are available to affiliates of yours.

Aviation Charge incentive rebates are only available for services operated to and from the Mackay Airport Terminal.

11.4 No other charges

During the Term, we will not impose any new fee, charge or levy for the provision of Aviation Services at Mackay Airport, other than as allowed under these standard conditions.

For the avoidance of any doubt:

• (a) during the Term, we are not prevented from passing onto you any new costs which are imposed on us, such as those imposed under or by legislation, administrative direction or authority, taxation or similar costs; and
• (b) we will not impose or recover, or attempt to recover, any new or additional fees, charges or levy considerations (that are not in place as at the Start Date) on you or your contractors or suppliers engaged in the normal servicing of your aircraft in relation to the provision of Aviation Services at Mackay Airport (other than as allowed under these standard conditions); and
• (c) we are not restricted from negotiating a fee, charge or levy with any person relating to access to Mackay Airport that is not access to aircraft movement facilities and activities listed in Schedule 1.

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