Airport Authority (Fees and Charges) Regulations, 2009

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/2009/2009-0017/AirportAuthorityFeesandChargesRegulations2009_1.pdf
Published: 2009-01-26

Airport Authority
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THE AIRPORT AUTHORITY (FEES AND)
CHARGES) REGULATIONS, 2009

(SECTION 25)
[Commencement 26th January, 2009]



1. These Regulations may be cited as the Airport
Authority (Fees and Charges) Regulations, 2009.

2. In these Regulations —
"Act" means the Airport Authority Act;
"Aeronautical Fees" means landing fees, aircraft

parking fees, terminal usage charges, lighting
charges, passenger loading bridging charges,
any fee or tax chargeable to arriving or
departingpassengers other than Passenger
FacilityCharges, and any other fee or charge
imposed by the Authority on any airline relating
to the movement of aircraft at the Lynden
Pindling International Airport;

"Company" means the Nassau Airport Development
Company Limited;

"Fees and Charges" means fees and charges imposed
by the Authority pursuant to paragraph (d) of
subsection (2) of section 7 of the Act with
respect to Aeronautical Fees and Passenger
Facility Charges;

"Passenger Facility Charges" means any fee or tax,
excluding passenger taxes as defined in the
Passenger Tax Act, chargeable to arriving or
departing passengers for the benefit of the
Lynden Pindling International Airport and
which are used primarily for capital works,
including but not limited to departure taxes;

"Transfer Agreement" means the agreement dated 1st
April, 2007 made between the Authority and
the Company and any amendments from time to
time, whether before or after the date of these
regulations, thereto;

"ICAO" means the International Civil Aviation
Organization;

S.I. 17/2009.

S.I. 19/2009.

Citation.

Interpretation.

Ch. 379.

Power to vary
fees and charges.

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3. The Authority shall impose or vary Fees and
Charges as is necessary to fulfill its obligations under the
Transfer Agreement.

4. (1) Without prejudice to the powers of the
Authority pursuant to section 7 of the Act, the Authority
shall consider an imposition or variation of Fees and
Charges upon a written recommendation submitted to it by
the Company in accordance with these regulations.

(2) If the Authority determines that a
recommendation submitted pursuant to paragraph (1) is
reasonable, the Authority shall approve the
recommendation and impose or vary the Fees and Charges.

(3) In determining whether a recommendation
submitted pursuant to paragraph (1) is reasonable, the
Authority shall consider, inter alia, the following factors
and principles —

(a) whether the application or level of the Fees and
Charges as recommended by the Company is
consistent with ICAO's Policies on Charges for
Airports and Air Navigation Systems, as may be
amended, modified, supplemented or replaced
from time to time;

(b) how the Fees and Charges compare with those in
the Caribbean region for airports of similar size
and level-of-service as the Lynden Pindling
International Airport;

(c) whether the amount of the Fees and Charges are
such that, together with all other airport
revenues collected by the Company, they are
sufficient to —

(i) fund the Company's operating and
capital expenditures, including any
required reserve accounts;

(ii) generate sufficient revenues for the
Company's debt service;

(iii) achieve compliance with financial
covenants of the Company including
the achievement of certain projected
average and minimum debt service
coverage ratios with respect to the
Company's then existing and
expected debt (including any such
debt with an investment-grade rating
by at least one internationally

Procedure to vary
fees and charges.

S.I. 39/2009.

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recognized debt or credit rating
agency); and

(iv) fund the Company's debt service
reserve and other required reserve
accounts; and

(v) a return, if any, to the shareholders as
maybe agreed from time to time
between the government and the
Authority.

(4) When the Company from time to time
determines, in accordance with the criteria set forth in
paragraph (3) of regulation 4, that imposition or variation
of Fees and Charges are required, it may submit to the
Authority a written recommendation for changes to the
Fees and Charges. Such recommendations shall include
reasonable details of the factors forming the basis of the
recommendation.

(5) Upon submission of a recommendation to the
Authority, the Company shall disclose publicly in not
fewer than two issues of the Gazette published and
circulating in The Bahamas at intervals of not less than two
days, and Directly or impacted air carriers, a notice of
intent to impose or vary the Fees and Charges called a
“Proposed Modification to Airport Fees and Charges
Notice” and such Notice shall —

(a) be issued a minimum of 180 days prior to the
proposed effective date of the changes to the
Fees and Charges;

(b) outline the rationale for the proposed changes to
the Fees and Charges; and

(c) invite comments from members of the public
and from impacted air carriers on the proposed
changes to the Fees and Charges.

(6) The Company shall invite air carriers impacted by
the proposed changes to a consultative meeting to be held
within thirty days after the first publication of the notice
pursuant to paragraph (5), to discuss the Fees and Charges
and at said meeting the Company shall —

(a) disclose financial and other information to
support the proposed changes to the Fees and
Charges; and

(b) demonstrate that the criteria set out in
subparagraphs (a), (b) and (c) of paragraph (3)
to be considered by the Authority in establishing

S.I. 39/2009.

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Fees and Charges have been met by the
Company.

(7) The Company shall accept, for a period of 45
days following the first publication of the notice pursuant
to paragraph (5), written comments on the proposed
changes to the Fees and Charges from members of the
public and impacted air carriers and shall provide the
Authority with copies of all written comments received.

(8) The Company shall, no later than 60 days
following the first publication of the notice pursuant to
paragraph (5) —

(a) disclose publicly on its internet Website, and
Directly to any party who has made a written
comment and provided contact details, its
response to the written comments it has received
pursuant to paragraph (7);

(b) provide the Authority with copies of its response
made under subparagraph (a); and

(c) after taking into consideration the written
comments received by the Company pursuant to
paragraph (7) and the Company's response to
such comments made under subparagraph (a),
recommend in writing to the Authority, any
imposition or variation of fees and charges.

(9) The Authority shall, within 30 days following a
recommendation of the Company under subparagraph (c)
of paragraph (8), notify the Company in writing of its
determination as to whether a recommendation submitted
by the Company pursuant to paragraph (4) is reasonable or
not, and, if the Authority determines such recommendation
to be reasonable, its approval of the recommendation.

(10) Where the Authority notifies the Company
under paragraph (9) of its positive determination and
approval of a recommendation submitted by the Company
pursuant to paragraph (4), the Authority, simultaneously
with the said notification, shall —

(a) impose or vary the Fees and Charges as
recommended; and

(b) in writing authorize the Company to disclose
publicly on behalf of the Authority in .not fewer
than two issues of the Gazette published and
circulating in The Bahamas at intervals of not
less than two days, and directly to impacted air
carriers, a notice in the form prescribed in the

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Schedule of the imposition or variation of Fees
and Charges by the Authority to take effect not
less than 90 days from the date of the first
publication.

(11) Where the Authority under paragraph (9)
notifies the Company that it has determined that a
recommendation submitted by the Company pursuant to
paragraph (4) is not reasonable, and it has not approved the
recommendation, the Authority shall, simultaneously with
the said notification, inform the Company in writing of the
reasons for its negative determination.


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Schedule (Regulation 4(10)(b))

NOTICE

LYNDEN PINDLING INTERNATIONAL AIRPORT
IMPOSITION/VARIATION OF FEES AND CHARGES



It is hereby notified pursuant to regulation 4 (10) (b) of the
Airport Authority (Amendment) Regulations, 2009 that the
Airport Authority at a meeting held on the__________day of
__________ , 200 _ imposed and or varied fees and charges at
the Lynden Pindling International Airport as follows:
Aeronautical Fees
a)
b)
c)
d)
e)

Passenger Facility Charges
It is further notified that the said imposition and or variation of
Fees and Charges shall take effect at the Lynden Pindling
International Airport ninety days from the date of first
publication of this Notice.
Read Entire Law on laws.bahamas.gov.bs