Sunshine Airports Conditions of Use

Sunshine Coast Airports Conditions of Use (As at 16 May 2013)

Sunshine Coast Airports Conditions of Use

Sunshine Coast Airports

Table of Contents

1. Defined Terms...... 2 2. These Conditions ...... 3 3. Facilities and Services ...... 5 4. Information Required from Aircraft Operations...... 6 5. Charges...... 8 6. Government Mandated Charges ...... 9 7 Unpaid Charges ...... 10 8. Compliance with Conditions ...... 12 9. Moving Aircraft ...... 12 10. Airport Closed or Services Unavailable ...... 12 11. Services We Do Not Provide ...... 13 12. Release and Indemnity...... 13 13. Insurance...... 14 14. Exclusions of Warranties and Conditions ...... 14 15. Privacy...... 14 16. Governing Law ...... 14 Schedule 1 – Definitions ...... 15 Schedule 2 – Common User Conditions ...... 19

www.sunshinecoastairport.com.au Page 1 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

1. Defined Terms

1.1 Interpretation a) Parties We, Us, Operator and Our is either: I. Sunshine Coast Airport II. Caloundra Airport III. Teewah Airstrip

All of: Friendship Avenue, Marcoola QLD 4564 Locked bag 72 SCMC QLD 4560 Telephone: +61 754 531 500 Facsimile: +61 754 531 511

You, and Your shall be either I. the Aircraft Operator; or II. a user of the Airports who my incur any Charges under the Conditions

1.2 Sunshine Coast Council operates Sunshine Coast Airport, Caloundra Aerodrome and Teewah Landing Strip as trustee, lessee and operator.

1.3 Date of currency of these Conditions These Conditions are current as at the date on the front page of these Conditions, until we change, replace or waive them.

1.4 Conditions generally These Conditions may be an attachment to another agreement between you and us, or the only agreement governing our relationship.

www.sunshinecoastairport.com.au Page 2 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

2. These Conditions 2.1 Users of our Airports a) Unless we have agreed different conditions with you, these are the conditions under which you use the Facilities at Sunshine Coast Airport. b) Despite the fact that you have not signed these Conditions, by using any of the Facilities and Services at any of the Airports, you accept these Conditions, and agree to be bound by them as amended and all of our rules and reasonable directions from time to time. c) Subject to any contrary requirements under any legislation we may, by the methods set out in Condition 2.6, change, replace or waive any of these Conditions at any time upon the publication of written notice. Upon such publication you are deemed to be bound by any changes made, and the use of our Facilities and Services or our Airports generally following publication of those changes will be deemed acceptance of the changes.

2.2 Facilities and services at our Airports b) We agree to supply Aviation Services, Government Mandated Services and subject to Condition 2.4, general Airport Services to you. c) We agree to supply Aviation Services and Government Mandated Services in accordance with: I. these terms and conditions; II. all applicable laws and regulations; III. any and all service levels in the form of Performance Measures; IV. in the case of Government Mandated Services, as required by the relevant authority; V. with all due care and skill; and VI. otherwise in a manner consistent with the world’s best practice for leading Domestic and International airports (inclusive of but not limited to Regional Operations, Charter Operations and General Aviation Operations).

2.3 What these Conditions cover a) These Conditions cover the provision of Aviation Services and Government Mandated services. We will charge for the provision of Aviation Services through the Aviation Charges, and for the provision of the Government Mandated Services through the Government Mandated Charges.

2.4 What these Conditions do not cover a) These Conditions do not cover the provision of General Airport Services provided by us, or charges for these services. General Airport Services are available for use from us on separate commercial terms and at commercial rates. b) We are not responsible for the security of your aircraft. However you must comply with any of the safety and security requirements of the Airport for which we notify you of from time to time.

2.5 Notification of the existence of these Conditions a) We will take reasonable steps to notify you of the existence of, and the requirement to comply with these Conditions prior to your use of our Facilities and Services.

www.sunshinecoastairport.com.au Page 3 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

2.6 Changes to these Conditions a) All users of our Airports, which continue to use our Airports after notification of the changes, will be deemed to accept the changes to these conditions.

www.sunshinecoastairport.com.au Page 4 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

3. Facilities and Services

3.1 Using our Facilities and Services When using our Facilities and Services at the Airport you must comply with: a) this Conditions of Use document; b) the operational requirements of the Airports as published in ERSA and NOTAMs; c) Civil Aviation Safety Authority and Airservices rules and regulations ; d) all relevant Legislation, which include Occupational Health and Safety Legislation e) other conditions, instructions, orders and directions necessary for the day to day operation of Airports; f) local flying restrictions; and g) directions on security from the Commonwealth Department of Infrastructure Transport Regional Development and Local Government; h) the requirement to obtain and observe the relevant operator licences issued by Sunshine Coast Airport Management and at its sole discretion, including, but not limited to, airside vehicle permits, airside driving licences, Aviation Security Identification Cards (ASIC) and Visitor Identification Cards (VIC).

3.2 You must not do anything which puts us in breach of any Legislation. 3.3 You accept that: a) access to our Facilities and Services is subject to the demands of other users of the Airports; b) use of the Airports may be constrained by Legislation; and c) we are not responsible for the security of aircraft or your property.

www.sunshinecoastairport.com.au Page 5 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

4. Information Required from Aircraft Operations

4.1 Regular Public Transport (RPT) Operations For aircraft and operators involved in RPT Operations:

a) before using our Facilities and Services at an Airport you must give us the information we require in a timely manner at SCA’s sole discretion, including: i. your name, address, ABN and contact details; ii. evidence that you have emergency procedures in place in connection with all potential threats to passengers, cargo and the Facilities and Services at the Airport as appropriate to your operations and at least to the standard required to comply with the Aerodrome Emergency Procedure and the Aerodrome Emergency Plan; iii. the names, addresses, telephone numbers (business and after hours), email contacts, facsimile numbers and all other contact details of your key personnel we can contact at any time about emergencies, security, operational or financial matters in connection with you using the Facilities and Service at the Airport; iv. evidence of the insurance policies you hold that are consistent with the requirements of Condition 4.1 and confirmation that these policies will remain current at all times when you are using the Facilities and Services at the Airport; v. ground handling arrangements for passengers and cargo if required for your operations; vi. arrangements for the repositioning of stationary aircraft; and vii. confirmation that the types and standards of aircraft being flown by you into and from the Airport are compliant with the Air Navigation (Aircraft Noise) Regulations b) you must provide us with the details of any changes made to information required under this Condition 4.1(a) within 1 month of such change. c) you must also within 7 days of the end of each calendar month provide us with the number of passengers per flight that you embarked and disembarked at the Airport during that month. d) where you fail to provide the information mentioned in Condition 4.1(c), we will calculate and levy our charges based upon the presumption of maximum seat load capacity as published by you which amounts you are required to pay before we will enter any meaningful discussions to have the correct load capacity determined. e) where you advise us that the information given to us under this Condition 4.1 is commercially sensitive, we shall use our best endeavours to maintain its confidentiality.

4.2 Non-Regular Public Transport Operations (including all Charter Operations)

For aircraft and operators not involved in RPT Operations: a) before using our Facilities and Services at an Airport you must give us such information in a timely manner and in the format requested as we may require including: i. Your name, address, ABN and contact details ii. Evidence that you have in place emergency procedures in connection with all potential threats to passengers, cargo and the Facilities and Services at the Airport as appropriate to your operations and at least to the standard required to comply with the

www.sunshinecoastairport.com.au Page 6 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

Aerodrome Emergency Procedure and the Aerodrome Emergency Plan; iii. the names, addresses, telephone numbers (business and after hours), email contact, facsimile numbers and all other contact details of your key personnel we can contact at any time about emergencies, security, operational or financial matters in connection with you using the Facilities and Service at the Airport; iv. evidence of the insurance policies you hold that are consistent with the requirements of Condition 4.2 and confirmation that these policies will remain current at all times when you are using the Facilities and Services at the Airport; v. ground handling arrangements for passengers and cargo if required for your operations; vi. arrangements for the repositioning of stationary aircraft; and vii. confirmation that the types and standards of aircraft being flown by you into and from the Airport are compliant with the Air Navigation (Aircraft Noise) Regulations Chapter 2 phase out programme; viii. confirmation of the ownership details for all aircraft using the Facilities and Services; and b) you must provide us with the details of any changes made to information required under Condition 4.2(a) within one month of such change c) where information required by this Condition is not provided, we will obtain such of those details as are located on the CASA register and the equivalent International aircraft registration bodies, and: i. We shall determine the MTOW for the aircraft; and ii. The registered owner and/or aircraft operator as indicated on the CASA and/or equivalent. International aircraft registration bodies will be held jointly and severally liable in relation to all costs and charges levied. d) We will calculate and levy our Aviation Charges based upon the registered Maximum Take off weight as published by CASA. In the case of per passenger charges we will calculate on the maximum seat load capacity of the aircraft and which amounts you are required to pay before we will enter any meaningful discussions to have the correct seat load capacity determined should this information have not been provided.

4.3 All aircraft and operators

For all aircraft and operators whether or not involved in RPT Operations: a) you are responsible for ensuring that timely written notification is given to us if the ownership of any aircraft being operated from the airports changes, or if the operator of any such aircraft changes; and b) where you fail to provide the information required under Conditions 4.1 and 4.2 above, we shall be entitled to calculated and levy our Charges based upon the presumption that the aircraft continues to be operated and/or owned by you.

www.sunshinecoastairport.com.au Page 7 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

5. Charges

5.1 You must pay us charges for using our Facilities and Services at Sunshine Coast Airports 5.2 Sunshine Coast Council sets, reviews and approves all fees and charges for Sunshine Coast Airports. Charges are reviewed a minimum of annually (prior to the commencement of each next financial year) and charges are notified through Council’s publications, web site and via other means as appropriate. 5.3 The amount of charges you must pay will be calculated in accordance with Those approved charges as published. 5.4 By using our Facilities and Services you agree to the charges applicable at the time of use. 5.5 The charges are payable in Australian dollars only unless by prior arrangement with Airport Management 5.6 You must pay the charges detailed in each invoice as per the regular payment terms of Sunshine Coast Regional Council as specified on the invoice (whether or not you received the invoice) by one of the following methods;

a) pay in person at any post office using BPAY b) pay by Telephone. Please call Sunshine Coast Regional Council on 131816 to pay with MasterCard or Visa and follow the prompts. You will need your Billpay Code and your Ref number which are located on the front of the invoice. c) pay Online. Visit www.sunshinecoast.qld.gov.au and select ONLINE PAYMENTS. Then select SUNDRY DEBTORS and key in your Billpay Code and reference number located on the front of the invoice. d) payment via Mail. Cheques made payable to Sunshine Coast Regional Council and posted to Locked Bag 72, SCMC QLD 4560. e) personal payment by Cash or Cheque. Present the invoice, with your payment, to the Customer Service Centre at any of these locations.

1 Omrah Avenue, Caloundra 11-13 Ocean Street, Maroochydore Cnr Bury and Currie Streets, Nambour

5.7 Sunshine Coast Regional Council will consider providing discounts or waivers for the landing fees at Sunshine Coast Airport to aircraft operators providing their services for the benefit of the community. Each request for a discount or waiver will be considered on a case by case basis. 5.8 Discounts or fee waivers will only be considered if the aircraft operator can demonstrate to the Airport Management that they have provided their services to the Sunshine Coast Regional community as a goodwill measure. This includes providing their services to the community at heavily discounted rate or for free. Operators must furnish evidence of the discount rate or fee they have provided in delivering a community service. 5.9 Not for profit status aircraft operators are not entitled to any discount or waiver unless they satisfy the criteria described in clause 5.8 of these Conditions of Use. 5.10 Aircraft operators engaged in emergency services type work (e.g. aerial fire bombing, maritime search and rescue, etc) will be charged the published aviation charges, unless they satisfy the criteria described in clause 5.8 of these Conditions of Use.

www.sunshinecoastairport.com.au Page 8 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

6. Government Mandated Charges

6.1 Payment of Government Mandated Charges You must pay us the Government Mandated Charges applicable to the Government Mandated Services provided to you. 6.2 Government Mandated Services We administer the Government Mandated Charges applicable for the provision of safety and security at our Airport, which include (but are not limited to) the following services: a) terminal passenger screening; b) terminal passenger checked bag screening; c) other services required by the Commonwealth Government or other lawful authority (including the DIT) and any additional security measures we are required to take or which we undertake through third parties and which may include the incurrence of capital expenditure (allowing a reasonable return on capital investment) to provide such services and which are provided by us to you at our Airports from time to time; d) any hiring of equipment required for providing the Government Mandated Services and e) any operational and administrable costs incurred by the Airports to provide the Government Mandated Services either directly, or on a contract management basis.

www.sunshinecoastairport.com.au Page 9 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

7 Unpaid Charges

7.1 If you do not pay the charges described in clause 5 within the prescribed period (indicated on the invoice), the normal SCRC debt management and recovery processes will apply. We may also do any one or more of the following:

a) charge you interest from the date the charges become payable, calculated daily at the Interest Rate, capitalising on the first day of each month; b) charge for all costs in relation to debt recovery ; c) refuse to allow any or all of your aircraft to use our Facilities and Services; d) use any reasonable means to detain any of your aircraft until you have paid all due charges, interest and any other costs related to these charges e) issue a notice directing that you remove any or all of your Aircraft from our Airport an if you fail to comply with our notice within 21 days of us issuing the notice, we may: • remove your Aircraft from our Airport and add the costs associated to the amount owing by you to us; or • deem the Aircraft to have been abandoned and may treat the title to the Aircraft as having been irrevocably transferred to us; and/or • commence proceedings against you for all monies due and payable. 7.2 For the removal of doubt, the remedies specified in this clause 7 are not exhaustive and do not operate so as to limit our remedies in the event of a breach by you of this clause 7. We reserve our rights entirely in relation to any other remedial action afforded to us by law. 7.3 Unless we give you written consent, you are not entitled to make any set-off against, or deduction in relation to, the charges for using our Facilities and Services. 7.4 Bank Guarantee or Bond a) if; i. On two or more occasions you have failed to pay Government Mandated Charges, and/or Aviation Charges (which are not subject to a reasonable dispute) by the date specified within the invoice rendered; or ii. We have at any time commenced recovery action against you; We may require that you provide us with a Bank Guarantee or Bond in accordance with this Condition 8.4.

b) where we have requested a Bank guarantee or Bond from you and it is not provided, we may: iii. Refuse to allow any or all of your aircraft to use the Airport; and iv. Refuse you or any entity associated with you access any part of the Airport; and v. Report your conduct to such credit reference organisations as we deem to be appropriate; Until you provide us with a suitable Bank Guarantee or Bond

7.5 Security a) if we request a Bank Guarantee or Bond from you as security for your use of our Facilities and Services, you must provide that Bank Guarantee or Bond within 30 days of our request. b) the amount of the Bank Guarantee or Bond will be the greater of; i. $5,000.00;

www.sunshinecoastairport.com.au Page 10 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

ii. The aggregate of the previous three months Charges payable by you to us; or iii. Any other amount we consider appropriate. c) we may on 30 days written notice require you to increase the amount of the Bank Guarantee or Bond if: iv. You fail to pay any Charges; or v. You fail to comply with any of these conditions d) you acknowledge that if you fail to pay any Charges, or cause any damage to the Facilities and Services or anything else at the Airport we may draw upon the Bank Guarantee or Bond without notice to you to compensate us for any loss or damage sustained by us. e) if we draw upon the Bank Guarantee or Bond, you must immediately give us a replacement Bank Guarantee or Bond for the amount required under this Condition 8. You may be prohibited from using the Facilities and Services until a replacement is provided

www.sunshinecoastairport.com.au Page 11 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

8. Compliance with Conditions

8.1 If you do not comply with these conditions, in addition to our right pursuant to clause 7 and subject to our legal obligations, we may provide you with written notice requiring compliance. 8.2 If you do not comply with any safety or security requirements, we may give you notice to comply immediately. 8.3 We may stop you from using our Facilities and Services at the Airport if you do not comply with a notice.

9. Moving Aircraft

9.1 We may at any time, acting reasonably, require you to: a) move any aircraft to another position at the Airport; or b) remove an aircraft from the Airport at your cost, and within a specified time. 9.2 If you do not comply with our order within the specified time, we may move or remove the aircraft and: a) you must pay all our reasonable costs of having the aircraft moved or removed; b) you are liable for and indemnify us, our officers, employees and agents against any personal injury, death, loss or damage caused or contributed to by your failure to comply with our order, including any loss or damage caused to any property in the detainment, or movement of the aircraft;

Provided that we first make all reasonable attempts to contact you before moving or removing your aircraft.

10. Airport Closed or Services Unavailable

10.1. We will endeavour to keep our Facilities and Services at the Airport available for you to use, subject to any reasonable requirements we may have for operational purposes, maintenance and new development, or any events beyond our reasonable control. 10.2. We may at any time on short notice declare that any of our Facilities and Services are wholly or partly unavailable for use due to safety or operational requirements. We will use our best endeavours to notify you of any unavailability. It is your responsibility to arrange use of alternate facilities or services.

www.sunshinecoastairport.com.au Page 12 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

11. Services We Do Not Provide

11.1 We do not provide;

(a) terminal navigation services; or (b) rescue and fire fighting services; or (c) en-route services; or (d) meteorological services; or (e) engineering services; or (f) apron services other than allocation aircraft parking bays; or (g) aircraft, building, motor vehicle or other security services.

12. Release and Indemnity

12.1 Your risk You use our Airports at your own risk

12.2 We are not liable for, and you indemnify us against: a) any loss or damage cause for any reason to an aircraft, its equipment, its load or the property of its crew or passengers at the Airport; or b) Any personal injury caused for any reason to the crew or passengers of, or person servicing an aircraft at the Airport, unless, then only to the extent, caused by our negligence. 12.3 We are also not liable for, and you indemnify us against: a) any loss you suffer for any reason because an Airport or any part of it is closed or any of our Facilities and Services at the Airports are unavailable; b) any loss you suffer, or any person claiming through you suffers, for any reason because of delays in the movement or scheduling of your aircraft; or; c) any consequential injury, loss or damage in connection with the use of or closure of any Airport (including anything referred to in (a) or (b) of this clause). 12.4 You are liable for, and you indemnify us against: a) any damage your aircraft may cause to our property; and b) any costs we incur in detaining any of your aircraft under clause 7.1(e); and c) any claims for i. personal injury; ii. death to any person; and/or iii. loss or damage to property; which is caused or contributed to by you, unless, and then only to the extent that, the same is caused by our negligence. 12.5 You agree to indemnify us for any liability, loss, cost, charge or expense of the kind contemplated by clause 12.3 that is suffered or incurred by any of our officers, employees or agents. 12.6 You further agree to indemnify us for any costs we may incur in the recovery of any monies owed to us for the use of our Facilities and Services at the Airport, on a full indemnity basis, including but not limited to, to court costs and filing fees, legal fees and disbursements, the costs of any necessary service provider and airport administration costs.

www.sunshinecoastairport.com.au Page 13 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

13. Insurance

13.1 You must at all times have a policy of insurance for at least $20,000,000 (or such other amount as we may notify to you from time to time) insuring against all claims which may be brought against either you or us for personal injury (including death) and/or damage to property arising out of the use of the aircraft or the Airports by you or any other party you authorise to use the aircraft or the Airports. 13.2 You must at all times when required by us produce evidence showing that the insurance is in force for the sum notified under this clause 13. 13.3 If you fail to insure as required by this clause we may deny your aircraft use of the Airport until you demonstrate to us that such insurance is in force. 13.4 The sum insured as stated in clause 13.1 or as otherwise notified is not the limit of your liability but merely a reasonable minimum amount of insurance which we require you to maintain.

14. Exclusions of Warranties and Conditions

14.1 We do not make any representation or warranty in connection with the use of the Airports or the Facilities and Services and we exclude all implied warranties and conditions that can be excluded except as provided by clause 2.2 or otherwise expressly provided by these conditions of use. 14.2 If a warranty or condition is implied under any Legislation in connection with any party of the Facilities and Services, and it can be excluded, we exclude it and if we cannot exclude it, than our liability for breach of that warranty or condition are limited to: a) the supplying of the Facilities and Services again; or b) the payment of the cost of having the Facilities and Services supplied again

15. Privacy 15.1 Sunshine Coast Airports will comply with the Information Privacy Act 2009 (Qld) in respect of all Personal Information collected under the Conditions of Use. 15.2 Sunshine Coast Airports may disclose the personal information collection under these Conditions of Use for any reason permitted by the Information Privacy Act 2009. (Qld) 15.3 The Aircraft Operator acknowledges and agrees the Sunshine Coast Airports may collect from the operator information that is relevant to administration and operation of the airports. 15.4 Sunshine Coast Airports may use the information related to purposes described in clause 15.2 which may include, but are not limited to , research by on or behalf of SCA, statistical analysis by or on behalf of SCA, and promotion of the services offered by SCA to third parties including but not limited to tenants, occupiers and users of the airports.

16. Governing Law

These conditions are governed by and construed in accordance with the relevant laws of Queensland and the Commonwealth of Australia.

www.sunshinecoastairport.com.au Page 14 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

Schedule 1 – Definitions

Us - Sunshine Coast Airport

Sunshine Coast Airports - incorporating Sunshine Coast Airport, a Business Unit of Sunshine Coast Council, Caloundra Aerodrome and Teewah Landing Strip as part of Sunshine Coast Regional Council.

SCA - Sunshine Coast Airports

Aeronautical Charges – The charges as published by Sunshine Coast Council.

Aeronautical Services – Facilities and Services means our aircraft movement, parking and passenger processing facilities and services; excluding those referred to the Passenger Service charge.

Aircraft – this definition includes fixed wing Aircraft, helicopters, balloons, powered or unpowered and, their parts and accessories, equipment and stores;

Aircraft Operator – the person whose name appears on the Aircraft Register as the operator of the Aircraft, the holder of the Certificate of Registration with respect to the Aircraft or any person who, with the authority of the holder of the Certificate of Registration for the Aircraft and the written acceptance of Sunshine Coast Regional Council, operates that Aircraft when it arrives at or departs from Sunshine Coast Airport as the case may be;

Aircraft Owner – that person named on the Certificate of Registration

Aircraft Register – the register of Australian Aircraft established pursuant to Regulation 8 of the Civil Aviation Regulations (CAR);

Airport – the physical site known as Sunshine Coast Airport and all adjacent lands and roads leased, operated, or controlled by the Sunshine Coast Airport Management;

Aerodrome Emergency Plan (AEP) – means the emergency plan developed by the Airport to co-ordinate all agencies (and their individual airport emergency procedures) when dealing with an airport emergency;

Airport Facilities – the buildings, water and electrical services, ramp or apron areas, plant, fixed equipment and other fixed items located at the Airport and leased, owned, operated, controlled by Sunshine Coast Regional Council;

Airport Director – the person responsible for the management of Sunshine Coast Airport or their nominee as delegated by the CEO Sunshine Coast Regional Council; Aerodrome Manual – the manual detailing the safety requirements necessary for the licensing of Sunshine Coast Airport pursuant to the Civil Aviation Regulations, Part 139;

Airside – the movement area of an aerodrome, adjacent terrain and buildings or portions thereof, access to which is controlled as described in Annex 17 to the Convention of International Civil Aviation;

www.sunshinecoastairport.com.au Page 15 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

Air Transport – a flight carried out for hire or reward including any Regular Public Transport operation, any other domestic scheduled flight operated in according to the published timetable where the air service is offered to the public whether fully loaded, partially loaded or empty and any flight where the air service is contracted to another person to provide but does not included empty charter positioning flights;

Aviation Charges – has the same meaning as the term “Aeronautical Charges”;

Aviation Services – has the same meaning as the term “Aeronautical Services”;

Baggage Handling System (BHS) – refers to the baggage handling system and associated services that transports baggage from the check-in counters to the make- up laterals, It also refers to the arrivals baggage system and associated services that transports baggage to arriving passengers, It does refer to the physical handling of aircraft/passenger baggage at any time.;

Checked baggage Screening (CBS) – an aeronautical infrastructure charge associated with Australian Federal Government mandated security screening of all departing passenger checked baggage. This applies to departing domestic and international services that require CBS.;

CBS Infrastructure – this is the equipment provided by Sunshine Coast Airport to facilities the CBS activity and includes X-Ray equipment, building modifications and associated baggage handling system improvements.;

Charges – collectively the charges for the use of Aeronautical Services (Aeronautical Charges) and for the use of Government Mandated Services (Government Mandated Charges);

Charter Operations – air service operations where either the Aircraft is used for the carriage of passengers and/or cargo by not conducted in accordance with fixed schedules or the air service operation is not available to the general public on a regular basis;

Conditions of Use – the Conditions of Use, upon which Sunshine Coast Airport provides the Services at Sunshine Coast Airport and charges for those Services;

Consumer Price Index (CPI) – the Consumer Price Index (All Groups) for Brisbane published from time to time by the Australian Bureau of Statistics or by the Commonwealth of Australia or by any other boy authorised by the Commonwealth of Australia to do so;

CUTE – Common User Terminal Equipment;

Domestic Operations – operations that are not international Operations;

Domestic Passenger – a person travelling on the Aircraft Operator’s aircraft engaged in Domestic Operations (excluding Infants, Operating Crew and Positioning Crew but including Transfer Passengers, and Transit Passengers) arriving at or departing from Sunshine Coast Airport;

Flight Information Display System (FIDS) – is an electronic messaging system that displays airline flight information (e.g. arrival and departure time, gates, etc);

Fixed Base Operator (FBO) – as Aircraft Operator who lease either sites and/or buildings from Sunshine Coast Regional Council;

www.sunshinecoastairport.com.au Page 16 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

Foreign Aircraft – an aircraft registered on a national register of aircraft other than the Aircraft register;

Freighter – an Aircraft on which no fare paying passenger is carried and is configured only to carry cargo;

General Aviation (GA) – all Civil Aviation Operations other than Regular Public Transport operations (RPT);

Government Mandated Costs – are costs associated with the provision of a Government Mandated Service to an aircraft operator;

Government Handling Services – means the provision of some or all of the following services, usually by an airline or their nominated ground handling agent: a) Passenger check-in; b) Baggage handling; c) Aircraft cleaning and catering; d) Aircraft maintenance; e) Aircraft engineering;

Ground Handling Agent – means any person or company appointed by the Aircraft Operator to perform ground handling services for that airline or an Aircraft operator who performs ground handling services for itself at the airport;

International Operations – Operations by Aircraft Operator that involve departure from a point outside Australia or arrival at a point outside Australia of an Aircraft Operator’s Aircraft;

Landside – that portion of Airport not designated as Airside and to which the general public normally has free (unescorted) access;

Landing Fee – the fee levied to the aircraft operator on a per tonne basis, calculated on the published MTOW of the aircraft. This fee is commonly referred to as MTOW;

Maximum Take-Off Weight (MTOW) – the maximum take-off weight as defined in the certificate of airworthiness or flight manual of the operating Aircraft;

NOTAM – means Notice to Airmen and published in accordance with the Sunshine Coast Aerodrome Manual;

Operating Crew – Aircraft Operator’s employees operating as flight or cabin crew on arriving or departing aircraft at Sunshine Coast Airport;

Passengers – Terminal Passengers, Transfer Passengers and Transit Passengers of RPT Operators;

Passenger Service Charge (PSC) – is the charge for use of the terminal building facilities and services incurred in the processing of domestic, international, military and other passengers;

Positioning Crew – Aircraft Operator’s flight and cabin crew, other than Operating Crew, arriving into or departing from Sunshine Coast Airport on company duty travel for the purpose of positioning for, or returning from, crewing duties;

www.sunshinecoastairport.com.au Page 17 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

Regular Public Transport (RPT) Operations – the operations of an aircraft for the purpose of an air service that: a) Is provided for a fee payable by persons using the service; and b) Is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and c) Is available to the general public on a regular basis.

RPT Operator –means a person/company undertaking Regular Public Transport Operations;

Route – any route from Sunshine Coast Airport to or from a first or Final Destination Airport;

Terminal Passenger – a Passenger joining or leaving an Aircraft at the Airport;

Transfer Passenger – a Passenger identified by Handling Agents who arrives at the Airport by one Aircraft and departs the Airport on another Aircraft and is treated as a Terminal Passenger;

Transit passenger – a Passenger who arrives in and depart from the Airport on the same Aircraft or an aircraft with the same flight number;

Transport Security Program (TSP) – the aviation security program that details the measures adopted by Sunshine Coast Airport to safeguard civil aviation against acts of unlawful interference;

Use of the Airport – the use by an Aircraft of Airport services and/or facilities an includes, but is not limited to, landing, take–off or parking and discharging or taking on passengers and/or cargo;

Interest Rate - equal to 2% per annum above the rate quoted from time to time by the Council principal bankers (as nominated by the Council) on overdraft accommodation in excess of $100,000

www.sunshinecoastairport.com.au Page 18 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

Schedule 2 – Common User Conditions

1. Check-in Service and other Counters 1.1 Counters a) Each check-in Counter at the Airport Terminal is equipped with: i. Weighing scales; and ii. PA System b) We will allocate the Counter to you in accordance with our allocation rules as specified and defined in our licence agreements with each operator c) When you are occupying any check-in Counter you may also occupy a service counter

2. FIDS and PA Systems conditions 2.1 FIDS We will provide FIDS core system that provides the information display systems including the central database, the distribution system and the display devices in public areas. 2.2 FIDS information Accurate information on FIDS a) You must ensure that the information displayed on FIDS is current and accurate FIDS information is confidential b) The information on FIDS is confidential information. You must not give any other airlines information on FIDS to anyone else without our prior written consent other than information displayed in a public area Your warranty in relation to FIDS information c) The necessary data to generate your logo and other material in FIDS remains your property d) You warrant that you hold copyright in that logo and that your use of the logo and other material does not breach anyone else’s copywrite or other intellectual property right e) We must not give that logo to anyone else without your written consent 2.3 Provision of additional aids We may install additional FIDS display panels to private areas nominated by you provided you pay an agreed amount to cover the cost of installing the connection and the cost of the display devices. 2.4 PA System We will provide you with a PA system a) We will provide a PA system throughout the Airport Terminal. You must comply with our reasonable directions concerning the use of the PA system Your use of the PA system b) You must act reasonably in the use of the PA system and, without limitation, you must restrict your announcements to whatever is operationally required

www.sunshinecoastairport.com.au Page 19 As at 16 May 2013 Sunshine Coast Airports Conditions of Use

3. General Common User Conditions 3.1 Repair and Maintenance Your obligations a) You must pay us for any repairs to, and maintenance of, the Common User Facilities or any other property caused by the neglect, misuse or damage by you, your employees, agents and or contractors Our obligations b) We must repair and maintain the Common User Facilities at our own expense in circumstances other than set out in Common User Conditions 3.2 below Responsibility for employees and agents c) You are responsible for the conduct of your employees and agents. You must ensure they observe these Common User Conditions and the Conditions generally 3.2 Use of Our Equipment Proper care a) You must take proper care of Our equipment and follow our reasonable directions for its use Repair of our Equipment b) You must tell us immediately if any of Our Equipment is not working or has been damaged, we will repair Our Equipment as quickly as practicable. You must not allow any person except our employees, contractors or agents to repair Our Equipment Access to carry out repairs c) You must give us reasonable access to inspect and to repair Our Equipment 3.3 Handling agents No inconsistent agreements with handling agents a) Where you have an agreement with a handling agent, the terms of that agreement must not be inconsistent with any of these Common User Conditions Handling agent to know about these conditions b) You must inform the handling agent of your obligations under these Common User Conditions Invoicing the charges c) We may send our invoices for the Charges payable under these Common User Condition or the Conditions generally directly to your handling agent. You acknowledge that despite this you are the person responsible for payment of the Charges in accordance with the terms of our invoice

www.sunshinecoastairport.com.au Page 20 As at 16 May 2013