1. Definitions The following additional definitions apply in these conditions: Aerodrome Manual Airport Airside Airside Works Airside Drivers Handbook Airside Security Zones Authority to Drive Airside Authority for Use Airside Aviation Security Identification Card or ASIC BAC the BAC s manual for the operation of the Airside parts of the Airport, as required by the Manual of Standards Part 139 Aerodromes (published by the Civil Aviation Safety Authority); Brisbane Airport, Queensland, being the site leased from the Commonwealth of Australia and operated by BAC; Means: that part of the Airport used for the surface movement of aircraft, as well as adjacent terrain and buildings (and any parts of those areas), access to which is controlled or which may directly or indirectly affect (or has the potential to affect) the operations or safety of aircraft movements; and any part of the site which is designated as airside ; all parts of the work which is carried out by the contractor (including remedial work, construction plant and temporary works) which are: within the Airside; to be executed in such a manner or location that they may directly or indirectly affect or have the potential to affect the operations or safety of aircraft movements; or designated by BAC to be airside works ; the Airside Drivers Handbook published for the Airport as in force from time to time; All of the area of the Airport within the Landside / Airside fence as designated under the BAC TSP, including EIA s and SRA s an authority issued by BAC, pursuant to the Airport (Control of On-Airport Activities) Regulations 1997, to a person allowing that person to take or operate a vehicle Airside; an authority issued by BAC, pursuant to the Airports (Control of On-Airport Activities) Regulations 1997, for a vehicle to be taken, and used, Airside; the security identification card issued by an authorised ASIC issuing body to a person with an operational need for unaccompanied access to an SRA, EIA or Sterile Area; Brisbane Airport Corporation Pty Limited (ABN 54 076 870 650), the operator of the Airport;
DAMP Enhanced Inspection Area or EIA Landside Security Zones Safety Legislation Safety Requirements Security Restricted Area or SRA Sterile Area VIC the drug & alcohol management plan prepared by BAC in accordance with the requirements of Part 99 of the Civil Aviation Safety Regulations 1998 dealing with the testing (for alcohol and other drugs) of employees and contractors working in Airside areas at the Airport; Those areas of the Airside to which access is restricted and entry into which requires the inspection of persons, vehicles and goods; Those areas of the landside designated as a security zone under the BAC TSP, including Sterile Areas. Means all applicable occupational health and safety legislation (including, without limitation, dangerous goods, electrical safety and fire legislation) and associated regulations together with any directions or notices issued by any relevant authority or any Code of Practice or compliance code appropriate or relevant to the work performed pursuant to this Contract. Means any and all direction, instructions, requests or requirements relevant to or associated with, or necessary for compliance by the Contractor or BAC with Safety Legislation and including any such matters of which the Contractor has been informed by BAC orally or in writing those areas of the Airport to which access is restricted and which are declared to be Security Restricted Areas by BAC; the departure areas within the passenger terminals at the Airport which can be accessed only after a person has been screened and cleared in accordance with the requirements under the Aviation Transport Security Regulations 2005; the temporary visitor identification pass issued to a person: requiring access to any Landside or Airside Security Zone; and who is escorted/supervised by an ASIC holder at all times. 2. Conditions for work on Airport These conditions do not in any way derogate from or limit a contractor's obligation to be familiar and comply with all relevant legislative requirements affecting the Airside Works. To the extent that these conditions are inconsistent with any applicable legislative requirements, the provisions of the legislative requirements prevail. Contractors must ensure that all of their agents, employees and subcontractors performing the Airside Works are aware of the requirements of, and comply with, these conditions. Children and animals are not permitted on the site of the Airside Works or any Airside areas under any circumstances. 3. Environmental Provisions Without limiting a contractor's obligation to carry out work in accordance with all applicable legislative requirements, contractors must observe and comply with all environmental requirements applicable to the Airside Works. This includes complying with the conditions of any approval required for, and issued in relation to, the Airside Works. While operating on the Airport, contractors will be on Commonwealth land. The principal legislation in relation to environmental management is the Airports Act 1996 and the Airports
(Environmental Protection) Regulations 1997. Enforcement of these requirements is undertaken by BAC. (e) (f) In addition, contractors are required to observe the requirements of the Airport Environment Strategy, a document approved by the Australian Government under the Airports Act 1996. Notwithstanding the above, contractors must also carry out the Airside Works (including operating all plant and equipment) in accordance with any relevant Queensland legislation which applies to those activities, although the requirements of relevant Commonwealth legislation will prevail to the extent of the inconsistency with State legislation. Contractors must perform the Works in a manner which minimises noise, dust, airborne particles, vibration, smoke, odour and other pollutants. Contractors must dispose of all solid, liquid, gaseous and other wastes in a manner acceptable to: the relevant regulatory authorities; and BAC. (g) Contractors must not discharge waste to any waters unless they have: any necessary permit or consent; and BAC's written approval. (h) (j) Any activity or event that occurs during the performance of the Airside Works that contaminates or has the potential to contaminate the site should be reported to BAC immediately. Contractors bear the cost of containing, mitigating or removing any contamination arising out of its performance of the Airside Works. No new roads or tracks must be formed, existing roads or tracks altered, camps erected, trees or shrubs removed, fences, water, sewerage or power lines cut without the prior approval of BAC. Contractors must: not disturb any monitoring stations or other facilities set up in relation to environmental management; and allow BAC and its agents access to the site for environmental monitoring. 4. Precautions in carrying out work Contractors must take all necessary precautions against fire throughout the duration of the Airside Works. Contractors must not, at any time: use explosives in connection with the Airside Works; or store flammable, hazardous or noxious liquids or material at the Airport (or plant & equipment related to those things), without the prior written approval of BAC (which may be given subject to conditions).
Contractors must observe legislative requirements, industry standards and all directions by BAC relating to the storage, transport, handling and use of any flammable, hazardous or noxious liquids or materials, explosives, or plant and equipment involved in arc or flame cutting, flame heating and arc or gas welding operations. Contractors must ensure that any area where the Works are to be carried out: is suitably barricaded to fully protect occupants and users of the area (including the public), with necessary illumination provided where and as required, by means satisfactory to BAC; and complies with all applicable legislative requirements. 5. Construction in accordance with Method of Working Plan All Airside Works must be undertaken in accordance with Section 2-8: Aerodrome Works Safety of the Aerodrome Manual as amended from time to time. A copy of these provisions is available from BAC, upon request. Any program of Airside Works prepared by a contractor must be based on the applicable Method of Working Plan. Any deviation from the Method of Working Plan must be submitted to BAC for approval not less than 48 hours before commencement of the portion of the Airside Works it affects. 6. Safety Requirements The Contractor must: comply with, and ensure that any and all subcontractors comply with, all Safety Legislation and Safety Requirements; cooperate, consult and coordinate activities with BAC, and ensure that any and all subcontractors or other persons engaged to perform Airside Works cooperate, consult and coordinate activities with BAC, to enable BAC to meet its obligations under all relevant Safety Legislation; promptly notify BAC of: any incident of a type which BAC has notified the Contractor in writing is to be reported to BAC; and any incident which is required to be reported to any regulatory authority, and cooperate with BAC in relation to such incidents, including providing information and documentation to BAC as requested in relation to the incident; (e) provide, and ensure any subcontractor or other person engaged by the Contractor to perform work under this Agreement provides, BAC with all necessary assistance (including, without limitation, providing access to relevant documentation) to enable BAC to undertaken any audit, checks or observations of the Contractor and any subcontractors or other persons engaged by the Contractor,; implement and comply with all Safety Requirements of BAC. Safety Legislation means all applicable occupational health and safety legislation (including, without limitation, dangerous goods, electrical safety and fire legislation) and associated regulations together with
any directions or notices issued by any relevant authority or any Code of Practice or compliance code appropriate or relevant to the work performed pursuant to this Agreement. Safety Requirements means any and all directions, instructions, requests or requirements relevant to or associated with or necessary for compliance by the Contractor or BAC with Safety Legislation and including any such matters of which the Contractor has been informed by BAC orally or in writing. 7. Restricted Hours of Work Hours of work for the Airside Works may be restricted and may be subject to changes and interruptions due to Airport operations. BAC will notify the contractor of the permitted working hours applicable to the Airside Works. Working hours outside these hours is only permitted with the prior approval of BAC. 8. Access to Site Access to the site of the Airside Works will be by routes defined by BAC by notice and as defined in the Method of Working Plan. 9. Vehicle Restrictions Contractors must not take or operate a vehicle in Airside areas unless: the vehicle has a current Authority for Use Airside permit, and the driver of the vehicle holds a current Authority to Drive Airside; or the vehicle is escorted, by a person authorised to provide Airside vehicle escort services in accordance with the Airside Drivers Handbook. 10. Airport Security Requirements This section 9 applies to both Airside Works, as well as work activities carried out in a Sterile Area. Contractors must observe all rules and regulations and must comply with all instructions of BAC s duly authorised officers while on the Airport. Contractors are responsible for the strict control of all of their agents, employees and subcontractors, while they are in security zones and must ensure their compliance with the provisions of any legislative requirements relating to security and safety while on the Airport. Access to Security Restricted Areas of the Airport is only available to: ASIC holders; or persons issued with a VIC, if accompanied by an ASIC holder at all times. VICs may be obtained from BAC. (e) Within a Security Restricted Area, contractors must ensure that an ASIC holder is present on site and that the holders of VICs are under the personal supervision of an ASIC holder at all times. Contractors must ensure that the ASICs of its employees, agents and subcontractors are current, and are properly displayed at all times while those persons are in a Security Restricted Area or Enhanced Inspection Area.
Any personnel, engaged by a contractor or their agents and subcontractors who contravene Airport Security requirement or otherwise fail to comply with the provisions of this clause 10, will be dismissed from the site, and BAC may either refuse further access to the Airport by that person, or impose conditions on any future access to the Airport. Contractors must observe all rules and regulations in force in the areas in which the Airside Works is to be carried out. Contractors must also comply with the following BAC documents, copies of which are available on request from BAC: Standard operating Procedures for Working in Sterile Aras during Major Project, including Guarding Requirements; and Standard Operating Procedures for Working in Airside Security Zones during Construction or other Works; and Standard Operating Procedures for Prohibited Items (including Tools of Trade ) in Sterile Areas at Brisbane Airport. 11. Security Fences The integrity of the Airside security fence is of paramount aviation security importance. Accordingly, contractors must comply with any standards and requirements established by BAC for the Airside security fence. This includes the following: (iii) BAC s prior approval is required if additional openings in, or temporary re-alignment of, the Airside security fence is required to facilitate the execution of the Airside Works; the Airside security fence must be reinstated or new gates must be erected. Any new gates must also be kept locked or be manned continuously when open. Unless otherwise agreed by BAC, the Airside security Fence must be restored to its original condition on completion of the Airside works; the cost of all these activities will be the responsibility of the contractor. Contractors are responsible for the maintenance of the Airside security line or fence at all times. Security officers must be provided when necessary by (and at the cost of) the contractor to preserve the integrity of the security line, fence or gate. The security officers must only permit access to personnel who: hold a current ASIC; or hold a VIC and are accompanied by an ASIC holder. Contractors are responsible for ensuring that any security officer required for duties in any secure area of the airport are supplied with direct communications (radios) with BAC, all necessary OH&S provisions and access to shelter and toilet facilities, where appropriate; An exclusion zone of 3 metres landside and 2 metres airside from the security fence must be kept free of any obstacles at all times. 12. Directions by BAC BAC may (in its absolute discretion):
refuse any person access to the Airport; order the removal of any person from the Airport; or all persons to clear the Airport or any part of the Airport, for the purposes of the safe and secure operation of the Airport. Any direction issued by BAC must be complied with immediately. 13. Radio Communications Contractors must ensure that no equipment for which the contractor is responsible emits electronic or radio emissions which will interfere with, obstruct or adversely affect the operations of air navigation aids at the Airport or Airport radio communications. The use of approved radio or telecommunications equipment is allowed only as directed by BAC; All communication equipment used must have a licence approved by the Federal Australian Communication & Media Authority. 14. Lighting All lighting must be designed to ensure no light is directed above the horizontal or causes a hazard to aircraft or Airport operations. Without limitation, contractors must comply with the requirements of: regulation 94(1) of the Civil Aviation Regulations 1988; and section 9.21 of the Manual of Standards - Part 139 Aerodromes published by the Civil Aviation Safety Authority, as in force from time to time. 15. Height Restrictions Height restrictions exist on the Airport. If any item of plant or equipment will exceed 3.8 metres in height, contractors will require BAC s written authorisation to bring that plant or equipment on to the Airport or the site of the Airside Works. 16. Drug and Alcohol Management Plan Induction and Test Requirements In accordance with: Part 99 - Drug and Alcohol Management Plans & Testing of the Civil Aviation Safety Regulations 1998; and BAC s DAMP, contractor s must meet the following induction and testing requirements: (iii) all personnel who are working Airside areas are required to complete the required BAC DAMP training; (iv) subject to paragraph, personnel who will be carrying out Airside Works on 2 or more occasions in a 90 day period must undergo pre-deployment drug and alcohol screening/testing.
personnel who either: carried out; or were available to carry out, Airside works for BAC prior to 23 September 2008 do not need to undergo pre-deployment screening/testing. Personnel seeking to rely upon this exemption will be required to provide to BAC a statutory declaration confirming that to be the case.