Aviation Regulation Act, 2001

Airport charges.

32.—(1) In this section and section 33 , “determination” means a determination under subsection (2).

(2) Not more than 6 months after the establishment day and at the end of each succeeding period of 5 years, the Commission shall make a determination specifying the maximum levels of airport charges that may be levied by an airport authority.

(3) In a determination the Commission may provide for a different maximum level of airport charges at different airports.

(4) Where it appears to the Commission that two or more airports are either—

(a) managed by the same airport authority, or

(b) that they are owned by the same person and operate as a group of airports whose activities are co-ordinated by that person,

any determination in relation to any one of those airports may be made by reference to the aggregate of amounts levied by way of airport charges at that airport and amounts so levied at the other airports.

(5) A determination shall—

(a) be in force for a period of 5 years, and

(b) come into operation not later than 30 days after the making of such determination.

(6) A determination may—

(a) provide—

(i) for an overall limit on the level of airport charges,

(ii) for limits to apply to particular categories of such charges, or

(iii) for a combination of any such limits,

(b) operate to restrict increases in any such charges, or to require reductions in them, whether by reference to any formula or otherwise, or

(c) provide for different limits to apply in relation to different periods of time falling within the period to which the determination relates.

(7) Prior to making a determination the Commission shall—

(a) give notice to any person concerned stating that it proposes to make a determination.

(b) publish such notice in a daily newspaper published and circulating in the State, and

(c) specify the period (being not less than one month from the publication of the notice) within which representations with respect to the proposed determination may be made by interested parties or the public.

(8) The Commission—

(a) shall consider any representations which are made under subsection (7) and not withdrawn, and

(b) may either accept or reject any representations made under subsection (7).

(9) On making a determination the Commission shall make a report on the determination giving an account of its reasons for making that determination together with its reasons for accepting or rejecting any representations made under subsection (7).

(10) A report under subsection (9) shall be sent by the Commission to the Minister and to the airport authority concerned.

(11) The Commission shall as soon as may be—

(a) give notice that it has made a report under subsection (9), and

(b) make the report available on request to interested parties or to the public.

(12) A notice under subsection (11) shall be given by publishing the notice in a daily newspaper published and circulating in the State and by such other means as the Commission may determine.

(13) For the purposes of this section, the Commission may request an airport authority in writing to provide information (including accounts, estimates, returns, projections or any other records) to it which is in the possession of or which can be obtained by the airport authority.

(14) (a)  The Commission may on or after the expiration of a period of 2 years after the making of a determination—

(i) at its own initiative, or

(ii) at the request of an airport authority or user concerned in respect of the determination,

if it considers that there are substantial grounds for so doing, review the determination and, if it sees fit, amend the determination.

(b)  An amendment made under paragraph (a) shall be in force for the remainder of the period of the determination referred to in subsection (5)(a).

(c)  Subsection (5)(b) and subsections (7) to (13) shall apply to an amendment made under paragraph (a).

(15) Any airport charges imposed by an airport authority, which are in force immediately before the establishment day, shall continue in force until any determination has been made.