Airports Act 1996

The Commonwealth must not grant an airport lease unless the lease complies with subsection (5).

An airport lease must not be varied unless the varied lease complies with subsection (5).

The Minister must not approve the transfer of an airport lease unless the transferred lease complies with subsection (5).

If a purported grant, variation or approval contravenes this section, it is of no effect.

An airport lease complies with this subsection if:

there is a single lessee; and

the lessee is a qualified company; and

the term of the lease is not longer than 50 years (with or without an option to renew the lease for up to 49 years); and

if the airport is neither a joint‑user airport nor Sydney West Airport—the lease provides for the use of the site as an airport (whether or not the lease also provides for other uses); and

if the airport is a joint‑user airport—the lease provides for the use of the leased area for purposes in connection with the airport (whether or not the lease also provides for other uses); and

if the airport is Sydney West Airport—the lease provides for the development of the site as an airport or the use of the site as an airport, or both (whether or not the lease also provides for other developments or other uses); and

the lease provides for access to the airport by interstate air transport or international air transport, or both (whether or not the lease also provides for other access).