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Information for Licence Applications, including Application Form
NSW Air Licence Application Criteria and Form
Under the Air Transport Act the Director General, Ministry of Transport, may grant or refuse any application for a licence. A licence may be granted subject to conditions. Where appropriate, licence conditions may be varied and licences may be revoked or suspended by the Director General.
An Air Transport Licence issued by the Director General covers:
- Regular Public Transport Services - Regulated Route
Any inquiries regarding licence conditions, or other requirements should be made in writing and addressed to the Ministry of Transport.
- Information for Licence Applications, including Application Form
Exclusions from NSW Licensing
Air transport operations/services over the following intrastate air routes, that have been declared deregulated by the NSW Minister for Transport, are not required to be licensed:
- the routes between Sydney Kingsford Smith Airport and each of the following localities, namely, Albury, Armidale, Ballina, Coffs Harbour, Dubbo, Griffith, Lismore, Orange, Port Macquarie, Tamworth, Wagga Wagga and Williamtown; and
- any routes that do not begin or end at, or pass through, Sydney Kingsford Smith Airport.
It is also not necessary for the following operations/services to hold a NSW licence:
- interstate or international flights (i.e. services operated from a port in NSW direct to one outside NSW);
- charter flights (noting that under the Act charters are not permitted to fly the same route more than four times over any 28 day period unless specifically authorised);
- flights not carrying passengers for cash or kind;
- freight operations;
- air work, including that requiring the carriage of operatives (e.g. cameramen);
- joy flights (i.e. those landing at the airport of origin); and
- airship or hot-air balloon operations.
Essential Minimum Entry Requirements
State licences are additional to and independent of licences and certificates issued by the Civil Aviation Safety Authority (CASA). State licence applicants must already be in possession of a relevant and valid CASA Air Operator's Certificate. Applicants must also hold adequate levels of insurance in accordance with the Air Transport Act 1964 and consistent with the provisions of the Civil Aviation (Carriers' Liability) Act 1959.
General Requirements
Under the Air Transport Act 1964 (the Act), the Director General shall have regard to such of the following matters as seem appropriate and to no other matters, in deciding whether to grant a licence and impose conditions:
- the needs, in relation to air transport services, of the public of New South Wales as a whole and of the public of any area or district to be served by the route or routes, or by any of the routes, specified in the application for the licence;
- the allocation of routes for public air transport services so as to foster as far as possible the existence of more than one airline operating in New South Wales capable of providing adequate and reasonable public air transport services within New South Wales and so as to discourage the development of any monopoly of public air transport services within New South Wales;
- where the applicant is an individual, the applicant's character and suitability and fitness to hold the licence applied for and, where the applicant is a corporation, the character of the persons responsible for the management or conduct of the corporation and the suitability and fitness of the corporation to hold the licence applied for;
- the effect, if any, on the maintenance and orderly development of adequate and reasonable public air transport services within New South Wales, of the operation of aircraft by the applicant over the route or routes specified in the application;
- the effect, if any, on the economic development of, or on the environment in, any area within New South Wales, of the operation of aircraft by the applicant over the route or routes specified in the application;
- whether the applicant and the applicant's aircraft, pilots and passengers will be adequately insured;
- the ownership of, or the extent of the applicant's rights to operate, the aircraft to be used by the applicant.
Review of Licence Applications
When reviewing licence applications, the Ministry of Transport also looks at and advises the Director General on factors of interest to the public that are relevant to the above matters, such as:
- service frequency and schedule;
- aircraft type and suitability for the route;
- probable load factors and viability;
- terminal arrangements;
- service cancellation/notification procedures and interline agreements, where these are not inconsistent with the provisions of the Act; and
- the applicant's experience and record in providing air transport services.
In this route review process, comment will be invited from local communities through the local Councils, particularly if more than one air operator has expressed interest in securing the licence for a specific route.
Features of 'Regulated Route' Licences
Other features of the licensing process for regulated routes are:
- open, competitive applications would be sought where a route became vacant;
- aircraft size and service frequency can be matched to route size and service needs;
- five-year licence terms apply to give stability and opportunity for route/market development;
- commercial decisions are generally not regulated, especially those relating to airfares and detailed scheduling; and
- it is recognised that operators need to make an adequate rate of return.
Government Support
The NSW State Government is responsible for licensing intrastate air routes, while the Federal Government has broader responsibility for the aviation industry, including safety and viability issues.
During the downturn in the aviation industry from 2001 to 2003, the NSW State Government assisted in maintaining and developing regional air services, by:
- working to reduce cost pressures on operators;
- providing direct Government assistance to support the purchase by Regional Express Airlines of Hazelton and Kendell Airlines;
- removing license fees on lower volume routes;
- granting new 5 year licence terms; and
- pursuing relevant issues directly with the Federal Minister for Transport and Regional Services and through other appropriate avenues, such as the Inquiry into Commercial Regional Aviation Services in Australia and Transport Links to Major Populated Islands.
For information regarding Federal Government responsibilities, legislation, and fees go to the Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government.
Sydney Kingsford Smith Airport
The NSW Government supports continued access by regional airline passengers to Kingsford Smith Airport.
