MOORABBIN AIRPORT CORPORATION PTY LTD
ACN 081 564 310
CONDITIONS OF USE
FROM 1st January 2005
( Please also see Document downloads further below this section )

1. INTRODUCTION
   1. 1. These are the Conditions under which an Aircraft Operator uses the infrastructure, facilities and services provided at Moorabbin Airport by Moorabbin Airport Corporation Pty Ltd. (MAC). If the Operator uses any of these services the Operator accepts these conditions.
      2. These conditions are effective from 1st January 2005 and are current until MAC changes, replaces or waives them. All previous Conditions of Use cease to have effect from 1st January 2005.
      3. Subject to any other or contrary requirement under legislation, MAC may change, replace or waive any of these conditions at any time on giving written notice on our website or by any generally accepted advertising medium, including the State Government Gazette.
      
      
   2. DEFINITIONS
      1. "We', "Our", "MAC" and "Moorabbin Airport Corporation" refers to Moorabbin Airport Corporation Pty Ltd and includes MAC managers, officers and employees whether permanent or temporary.
      2. "You", The Operator", "AOC holder", "Aircraft owner", "Aircraft Operator", "Certificate of Registration holder" means the owner or operator of an aircraft at the time MAC services and facilities are used.
      
      
   3. CONTACT DETAILS
      MAC address for contact is:
      
      Mail: Moorabbin Airport Corporation Pty Ltd.,
      Airport Management Centre,
      Bundora Parade, Mentone VIC 3194
      Telephone 03 8587 8000
      Fax 03 9587 1782
      Email: admin@moorabbinairport.com.au
      
      

   When information is required in writing it must be provided to the above address. Any queries regarding access charges must be sent in the first instance to the Finance Manager and the above address.
   MAC office hours are: 0900-1700 Monday-Friday excluding public holidays.

   4. USE OF THE AIRPORT
      1. When using the facilities and infrastructure of the airport the Operator must at all times comply with:
      - This Condition of Use Document
      - All relevant Commonwealth and State legislation including, but not limited to, the Civil Aviation Regulations, Air Navigation Orders and any other aeronautical legislation
      - All relevant legislation which includes Occupational Health and Safety legislation.
      - The Aerodrome Landing Fees Act 2003
      - The operational requirements of the airport as published in ERSA and NOTAMs.
      - Other conditions, instructions, orders and directions necessary for the day to day operation of the airport.
      - Security Requirements directed, legislated or imposed by the Commonwealth Department of Transport and Regional Services, Australian Federal Police, Victoria Police and MAC. This includes but is not limited to the Aviation Transport Security Act 2004 and Regulations.
      
      2. The Operator must not take any action that may put MAC in breach of any legislation.
      3. The Operator agrees that:
      1. 4.3.1. Use of Moorabbin Airport may be prohibited or restricted by legislation.
         
      2. 4.3.2. MAC is not responsible for the security of the Operators aircraft or property. The Operator has specific responsibilities to maintain security of the Operators aircraft and property under the Transport Security Act and other Acts.
         
         
   5. ACCESS TO AIRSIDE AREAS
      Moorabbin Airport is an airport regulated under the Aviation Transport Security Act 2004 and Regulations as well as other Acts. Where an airside area has been declared access to this area is RESTRICTED to those persons having authority to access this area and acceptable proof of identity. This proof of Identity may take the form of an Aviation Security Identity Card (ASIC) as required under the Aviation Transport Security Act 2004. It is the responsibility of the aircraft owner or operator to ensure all persons using his/her aircraft and services are compliant with the relevant security laws.
      
      
   6. PAYMENT OF AIRPORT ACCESS CHARGES
      1. It is a Condition of Use of the Airport that each Operator or aircraft pays the appropriate Airport Access Charges.
         
         
      2. The charges for any supplies, services or facilities will be as determined by MAC in accordance with MAC published schedule of charges. This scheduled is titled "Moorabbin Airport Access Charges (Year)" and is an incorporated part of these Conditions of Use.
         
         
      3. All charges accrue from day to day and are payable to MAC before the aircraft departs from the Airport unless otherwise agreed in writing in advance by MAC.
         
         
      4. The Aerodrome Landing Fees Act came into effect in Victoria on 1st January 2004. The purpose of this Act is to provide that an aerodrome operator may fix a fee for the arrival, departure or parking of an aircraft, a training flight approach by an aircraft or the provision of any directly related activity. This Act establishes legal liability for aerodrome charges on the holder of the Certificate of Registration of an aircraft.
         
         
   7. LIABILITY FOR AIRPORT ACCESS CHARGES
      1. Aircraft engaged in Regular Public Transport Operations (RPT). Airport Access Charges incurred by aircraft engaged in RPT operation are payable by the holder of the Air Operator's Certificate.
      2. General Aviation and other aircraft not engaged in RPT Operations. Liability for Airport Access Charges incurred by general aviation and other aircraft not engaged in RPT operations resides with the Operator of the aircraft. In the first instance this is assumed to be the holder of the Certificate of Registration in respect of the aircraft at the time of landing or Use. The Aerodrome Landing Fees Act applies.
   8. REFUSAL OF ACCESS
      MAC may refuse access to the Airport to all or any aircraft owned or operated by an aircraft owner or Operator if the owner or Operator has failed to pay to MAC any amount due by that owner or Operator in respect of any aircraft within 28 days after the due date. (See also Clause 14: Right of Detention)
   9. GST
      All charges for facilities and services mentioned in this document incorporate the current charge for the Goods and Services Tax (GST)
   10. NOTIFICATION: Regular Public Transport Operations
       In the case of aircraft engaged in Regular Public Transport Operations, MAC must be notified prior to the commencement of such operations.
       1. Each notification is to be accompanied by a completed "Application for Credit" in the form of Schedule 2. Once this form is received by MAC, MAC will determine the extent to which MAC are prepared to make credit available. MAC may refer to reports of credit rating agencies in determining the amount of credit MAC is prepared to make available. MAC may require an Operator to provide a bank guarantee in favour of MAC on such terms as reasonably determined by MAC prior to the commencement of a program of operations.
       2. In the absence of written agreement from MAC to the contrary, all Airport Access Charges must be paid in cash in Australian dollars.
       3. For newly scheduled Regular Public Transport Operations MAC may require adequate security to be provided for the payment of Airport Access Charges prior to the commencement of such services. It is expected that the amount of security required will not exceed a total of 6 months of Airport Access Charges, however MAC reserves the right to require additional security.
   11. MAINTENANCE CONCESSION
       If the Operator wish to make use of the substantial maintenance concession contained within MAC Document "Airport Access Charges (Year)" the Operator must arrange with an approved Maintenance Organisation situated on the Airport to provide to MAC a duly completed Substantial Maintenance Claim Form in the form of Schedule 3. (See below)
       
       
   12. EXCLUSION OF LIABILITY
       1. Aircraft owners and operators use Moorabbin Airport at their own risk.
          
       2. All persons entering Moorabbin Airport, whether by land or by air, do so at their own risk.
          
       3. MAC and its employees or agents will not be liable for injury to or death of any person or for loss of or damage to any aircraft, its parts or accessories or any property contained in the aircraft:
          
          (a) Occurring while the aircraft is on the Airport or is in the course of landing or taking off at the Airport, or being removed or dealt with elsewhere; and/or
          (b) Arising or resulting directly or indirectly from any act, omission, neglect or default on the part of MAC or its employees;
       4. The Operator will indemnify and keep indemnified MAC, its employees, officers, agents and contractors from and against any and all actions, suits, claims, proceedings and demands which arise from the Operators Use of the Airport.
          
       5. The Operator must immediately reimburse MAC for any damage caused to the property of MAC arising out of the Use of the Airport by the Operator.
          
       6. The Operator must reimburse MAC on demand for any costs incurred by MAC in relation to any matter contained in this clause 11.
          
   13. INVOICING AND PAYMENT OF AIRPORT ACCESS CHARGES
       Accounts for Airport Access Charges will be issued monthly following the end of the month in question
       1. The monthly invoice will detail landings, and Airport Access Charges incurred.
          
       2. MAC may engage a third party provider to issue invoices on its behalf. These invoices will have the same effect as if issued by MAC.
          
       3. A monthly statement of account will be issued setting out details of current invoices, amounts overdue for payment, cash receipts, account adjustments and the outstanding balance.
          
       4. Invoices are payable 28 days after being issued. Each invoice will set out the date by which payment is due. The remittance advice provided with the statement should be attached to the cheque in payment, to ensure that payment will be credited to the correct account.
          
       5. Payment of an account can be made by
          • mailing the remittance advice and cheque direct to the Finance Manager, Moorabbin Airport Corporation Pty Ltd;
            
          • If previously agreed in writing; by cheque or electronic funds transfer payable into the bank account of MAC. Details can be obtained from the Finance Manager, the Moorabbin Airport Corporation Pty Ltd; or
            
          • In person, by cash, at the Management Centre (during business hours (9.00am to 5.00pm Monday to Friday) at the Airport.
            
       6. Operators which do not hold accounts with MAC must pay all Airport Access Charges prior to departure from the Airport.
   14. INTEREST AND RECOVERY COSTS ON UNPAID AIRPORT ACCESS CHARGES
       1. Unless otherwise approved by MAC in writing, MAC may charge interest on any Airport Access Charges which have not been paid 28 days from the date of the invoice issued by or on behalf of MAC.
          
       2. Interest will be calculated daily from the date upon which the Airport Access Charges become due for payment until the date of payment of the Airport Access Charges (both dates inclusive). Interest will be charged at the prevailing rate charged by the National Australia Bank to its Bankcard customers for extended credit. Interest must be paid by the Operator at the same time as the Airport Access Charges to which the interest payment relates.
          
       3. MAC may recover from the Operator any reasonable costs incurred in recovering any unpaid Airport Access Charges including, without limitation, legal fees.
   15. RIGHT OF DETENTION
       1. MAC is entitled to detain:
          • An aircraft, its parts and accessories in respect of which unpaid Airport Access Charges were incurred (whether or not they were incurred by the person who is the Operator at the time when the right of detention is exercised); and
          • Any other aircraft, its parts and accessories of which the person liable for the unpaid Airport Access Charges is the Operator at the time of the detention.
       2. If the Airport Access Charges are not paid within 60 days of the date of the detention, MAC may, in any way it thinks fit, sell or otherwise dispose of the aircraft, and any of its parts and accessories in order to satisfy the unpaid Airport Access Charges and all costs incurred by MAC in selling or disposing of the aircraft.
          
       3. 3. This right of detention is not lost because the aircraft has departed from the Airport. The right of detention conferred by these Conditions of Use continues and is exercisable by MAC at any time when the aircraft is at the Airport until the Airport Access Charges, accrued interest and MAC's costs of recovery are paid in full.
          
       4. 4. The exercise by MAC of this right of detention is not to be taken to be a refusal to give access to the Airport.
   16. ACCOUNT QUERIES AND PROVISION OF AIRCRAFT DETAILS TO MAC
       1. Any questions regarding Accounts should be addressed to:
          Finance Manager
          Moorabbin Airport Corporation. Pty Ltd
          Bundora Parade, Mentone Vic 3194
          If appropriate MAC may then refer any question to the third party provider to MAC of any aeronautical charges accounting system.
          
       2. Every effort will be made to settle disputes and if necessary adjust accounts. Questions should be addressed to MAC as soon as possible after receipt of invoice so that any necessary adjustments can be made at the earliest opportunity.
          
       3. If a charge has been invoiced to a person for aircraft activities in respect of a period during which that person was not the Operator, the account will be adjusted upon receipt by MAC from that person of the relevant information necessary for MAC to identify the Operator of the aircraft at the relevant time.
          
       4. If an Operator wishes to challenge any invoice, then the Operator or its appointed handling agent must, within 21 days of receipt of the invoice, or immediately upon a written request by MAC, provide copies of all relevant aircraft registration particulars to enable verification by MAC of details of the flights landing at the Airport during the relevant period.
          
       5. If requested by MAC, the Operator must provide MAC with copies of extracts from aircraft flight manuals, to enable MAC to verify aircraft weight. Such copies must be provided immediately following a written request by MAC.
   17. PASSENGER, LOAD AND FLIGHT DETAILS
       An Operator or its appointed handling agent may be required to provide MAC information in a form and at frequencies determined by MAC in relation to the following matters:
       • Aircraft movements
         The movements of each aircraft of the Operator or each aircraft handled by the agent at the Airport within 24 hours of each of those movements;
         
       • Passengers
         The number of terminal and transit passengers and the volume of cargo and mail embarked and disembarked at the Airport in relation to each movement;
         
       • Flying Training
         The movements of aircraft engaged in Flying Training by authorised flying schools; and
         
       • MTOW
         Details of the MTOW in respect of each aircraft owned or operated by the Operator including details of any changes in the MTOW in respect of each aircraft owned or operated by the Operator.
         The preferred method of data collection from the Operator or its appointed handling agent to MAC is by electronic means, as notified from time to time by MAC.
         
         
   18. MOVEMENT OF PARKED AIRCRAFT
       The Airport General Manager, or his nominee, may at any time order an Operator either to move a parked aircraft to another position, or remove it from the Airport. Such an order will be in writing and will set out the period within which the Operator must comply with the order.
       Failure to comply with the order within the period specified in it will render the Operator liable to a special charge equivalent to four times the daily pro-rata annual Airport Access Changes at the prevailing rate for every hour or part of an hour following expiry of the order during which the Operator fails to comply with the order.
       MAC has the right to move or remove aircraft at any time if they form a threat, or are perceived as a threat, to aviation safety or if ordered by any duly constituted legislative or policing entity including, but not limited to, CASA, Airservices Australia, Department of Transport and Regional Services, Office of Transport Security, Australian Federal Police and Victoria Police.
       
       
   19. AVAILABILITY OF AIRPORT FACILITIES
       
       1. MAC is obligated under the terms of the Airports Act 1996 to operate the airport as an airport and to provide access to airport facilities to aircraft. MAC will endeavour to provide such services subject to reasonable operational requirements, scheduled and un-scheduled maintenance and events that are outside of the control of MAC. MAC makes no warranty that any airport facility will be available at any time.
          
       2. MAC will, if reasonably possible, notify operators of any temporary withdrawal of any service by means of a NOTAM or other commonly accepted means of information.
          
       3. If, at any time, MAC declares any facilities, infrastructure or services to be unavailable due to safety or operational requirements MAC will make reasonable endeavours to provide suitable alternate infrastructure, facilities or services. The use of such services, which may not be to the standard associated with affected services, is entirely a matter of choice for the Operator.
          
       4. Facilities, Infrastructure and Services may be withdrawn or disabled without notice if so directed by any duly constituted legislative or policing entity including, but not limited to, CASA, Airservices Australia, Department of Transport and Regional Services, Office of Transport Security, Australian Federal Police and Victoria Police.
          
       5. MAC will in no circumstances be liable for any loss or consequential loss suffered by Operators due to the non-availability of such services.
   20. INSURANCE
       1. An aircraft owner and operator must at all times maintain appropriate insurance in the aircraft owners and/or operators name and, if required by MAC or the Commonwealth of Australia, any other person with an insurable interest in the aircraft for the following:
          1. Public liability insurance of at least $10Million or any such higher level of cover as required by MAC or the Commonwealth of Australia.
          2. Other insurances as required by law in the State of Victoria or the Commonwealth of Australia.
             
       2. MAC must maintain an Airport Operators Liability insurance policy with a limit on indemnity not less than that required by the Commonwealth of Australia as landlord.
          
   21. 21. NO SET OFF
       The Operator must not to make any set off against or deduction from the Airport Access Charges. In the event of a dispute between the Operator and MAC, the Operator must pay all Airport Access Charges in full pending resolution of any such dispute.
   22. AMENDMENT
       MAC reserves the right, at any time to amend, any of these Conditions of Use. MAC will provide reasonable notice to all Users of the Airport of any amendment.
   23. NAVIGATION, RESCUE, EN ROUTE AND METEOROLOGICAL CHARGES
       A number of charges, including terminal navigation charges, rescue and firefighting charges, en-route charges and meteorological service charges are levied by ASA on its own behalf and on behalf of the Department of Transport and Regional Development and the Bureau of Meteorology. Charges for these services are payable to ASA under the relevant regulations. Any queries relating to these charges should be directed to ASA or any other entity responsible for provision of such services.
   24. PRIVACY AND DATA PROTECTION
       MAC respects the Operators right to privacy. However MAC is required to collect information regarding the Operator as a part of MAC daily operations, and in respect of various legislative requirements.
       1. MAC's obligation to the Operator.
          • MAC will comply with the Privacy Act in respect of all personal information collected under this agreement.
          • MAC will provide access to the information it collects about the Operator upon reasonable notice being given by the Operator to MAC and upon payment of MAC reasonable expenses (including but not limited to photocopying charges) in providing this information.
       2. MAC's rights. The Operator acknowledges and agree that MAC:
          • May collect from the Operator personal information relevant to the operation of the airport.
            
          • May use the information collected for purposes related to airport operations and development which may include, but is not limited to, research by or on behalf of MAC, statistical analysis by or on behalf of MAC, and promotion of airport services to third parties including, but not limited to, tenants, occupiers and users of the airport.
          • MAC is required to collect some information under this agreement in order to comply with legislation including but not limited to the Airports Act 1996, Trade Practices Act 1974 and the Aerodrome Landing Fees Act 2003.
          • MAC may disclose the information collected under this agreement for any purpose permitted by the Privacy Act, which includes but is not limited to circumstances when MAC is required to do so by law.
            For the purposes of MAC obtaining legal, financial or other advice.
   25. GOVERNING LAW
       These conditions are governed by the law of the State of Victoria.
   26. DEFINED TERMS
       'Air Navigation Regulations' means the regulations made from time to time under the Air Navigation Act 1920
       'Air Operators Certificate' or 'AOC' has the meaning given to that term by the Civil Aviation Act 1988 and CASR Part 47.
       'Airport' includes any land leased by MAC from the Commonwealth of Australia in connection with the site known as Moorabbin Airport.
       'Airport Access Charges' includes:
       • Charges for aerodrome access as set out in the publication entitled "Airport Access Charges" issued from time to time by MAC and forming a part of this document.
         
       • Charges for any supplies, services or facilities provided to the Operator or to the aircraft at the Airport by or on behalf of MAC; and
         
       • Any interest or other costs payable in respect of the above.
         'Airport General Manager' means the General Manager Aviation of MAC or his or her nominee.
         'Airside area' commonly means that area of the airport used for aeronautical operations, being runways, taxiways, aeronautical buffer areas and aircraft licensed areas as well as aircraft parking. 'Airside area' is declared as "Precinct A" in the Moorabbin Airport Approved Master Plan 2004 but also includes elements of "Precinct B" in the same Master Plan where these have been incorporated into the Moorabbin Airport Security Programme.
         'AsA' means Airservices Australia established by the Air Services Act 1995.
         'Certificate of Registration' means a certificate issued pursuant to Regulation 13 of the Civil Aviation Regulations.
         'Charter Licence' has the meaning given to that term by the Civil Aviation (Carriers' Liability) Act 1959
         'Charter Operations' means air service operations pursuant to a Charter Licence.
         'Civil Aviation Regulations' means the regulations made from time to time under the Civil Aviation Act 1988.
         'ERSA' means the En Route Supplement Australia published by Airservices Australia.
         'Flying Training' means any form of instruction in the flying of an aircraft.
         'MAC' means Moorabbin Airport Corporation Pty Ltd (ACN 081 564 310)
         'MTOW'means maximum take off light of an aircraft as specified by the manufacturer.
         'NOTAM' means Notices to Airmen published by Airservices Australia.
         'Operator' means a person, organisation or enterprise by whom, or on whose behalf, an aircraft is operated at or otherwise Uses the Airport.
         'Regular Public Transport Operations' has the meaning given by the term "Commercial Transport Operations" by the Civil Aviation (Carriers' Liability) Act 1959.
         'Use of the Airport' by an aircraft of the Airport includes, but is not limited to, landing, take off or parking and discharging or taking on passengers or cargo.
         "We", "Our", "MAC" and "Moorabbin Airport Corporation" refers to Moorabbin Airport Corporation Pty Ltd and includes MAC managers, officers and employees whether permanent or temporary.
         "You", "the Operator", "AOC holder", "Aircraft owner", "Aircraft Operator", "Certificate of Registration holder" means the owner or operator of an aircraft at the time MAC services and facilities are used.

Relevant Documents:
All in Adobe PDF 5.0 (Will not work with Adobe PDF 4.0+) (All less than 20K)

Schedule 1. NOTIFICATION OF AIRCRAFT DETAILS - Please use this to notify us of the Owner / Operator / Registration Holder of your aircraft. AircraftDetailForm.pdf

Schedule 2. APPLICATION FOR CREDIT - Required to open an Account with MAC. ApplicationForCredit,pdf

Schedule 3. SUBSTANTIAL MAINTENANCE CLAIM FORM - Required when your aircraft is undergoing major maintenance at YMMB MaintenanceClaimForm.pdf