Singapore legislation
Regulation 2
of Civil Aviation Authority of Singapore (Price Control of Aeronautical Charges) Rules 2009
Regulation 2
Definitions
Subregulation 1
In these Rules, unless the context otherwise requires —
Definition
“aeronautical charge” means any charge imposed by an airport licensee for an airport for the provision of aeronautical services and facilities at that airport;
Definition
“aeronautical services and facilities” has the meaning assigned in rule 3;
Definition
“airside area” includes the movement area of an airport and any other part of an airport to which a person is denied access unless in possession of a valid flight ticket or boarding card or such other identification issued or approved by the Authority;
Definition
“amend” means omit any matter, insert or add any matter, or omit any matter and substitute any other matter;
Definition
“designated airport users”, in relation to an airport, means —
such commercial airline landing at and departing from the airport;
such person providing ground-handling services at the airport; and
such persons using airport services and facilities at the airport, or such organisation representing such persons,as the Authority shall designate under rule 9 or 19 for each regulatory period applicable to the airport licensee for that airport;
Definition
“determination” means a decision of the Authority under section 52(1) of the Act in respect of any aeronautical charges at any airport, and includes a determination for the first regulatory period;
Definition
“determination for the first regulatory period” means any maximum price approved by the Authority immediately upon the commencement of Division 4 of Part 4 of the Act for the first regulatory period, being the maximum price referred to in section 52(3) of the Act;
Definition
“first regulatory period” means the period starting from 1st July 2009 and ending on 31st March 2012;
Definition
“former exempt airport licensee” means an airport licensee that was formerly exempt from these Rules with regard to any airport;
Definition
“inquiry” means an inquiry under these Rules for the purpose of the Authority making a determination in respect of the airport licensee for any airport for any particular regulatory period;
Definition
“landside area” means such part of an airport that is not within the airside area of the airport;
Definition
“material capital expenditure” means any capital expenditure project relating to an airport incurred or to be incurred during a regulatory period where the contract value of the project exceeds the materiality threshold specified by the Authority for that regulatory period;
Definition
“non-aeronautical charge” means any charge imposed by an airport licensee for an airport for providing non-aeronautical services and facilities at that airport;
Definition
“non-aeronautical services and facilities” has the meaning assigned in rule 4(1);
Definition
“notice of aeronautical services and facilities pricing” means the notice given under rule 10(1) or 20(1);
Definition
“pass-through event” means an event (such as a tax event) which, in the opinion of the Authority, requires that the maximum revenues specified in a determination should be adjusted;
Definition
“price variation trigger” means an event or events the happening of which would entitle the Authority to initiate an inquiry with a view to amending a determination for a regulatory period before the end of the regulatory period;
Definition
“regulatory period” means —
in the case of an airport licensee that is not a former exempt airport licensee —
the period starting from 1 July 2009 and ending on 31 March 2012 (which is the first regulatory period);
the period starting from 1 April 2012 and ending on 31 March 2018 (which is the second regulatory period); and
every subsequent period of such duration (which may be of equal or different duration) as the Authority specifies before the start of each period in respect of the airport licensee; or
in the case of a former exempt airport licensee, such period as the Authority thinks fit with respect to the airport licensee’s airport starting from the date the exemption is revoked, and thereafter, every subsequent period of such duration (which may be of equal or different duration) as the Authority specifies with respect to that airport;
Definition
“relevant tax” means a tax, charge, levy, duty or an imposition that is directly attributable to the provision of a service or facility specified in a determination and, in the opinion of the Authority, is not normally absorbed by businesses in a fully competitive market, but does not include —
an income tax or a property tax; or
a fine or other penalty;
Definition
“second regulatory period” means the period starting from 1 April 2012 and ending on 31 March 2018;
Definition
“security services and facilities” has the meaning assigned in rule 4(2);
Definition
“significant capital expenditure” means any capital expenditure for any significant project;
Definition
“significant project” means any project relating to an airport which, if not completed or its completion is delayed —
is likely to adversely affect the status of Singapore as an international aviation hub;
is likely to adversely affect the safety of the airport; or
is likely to adversely affect the security of the airport;
Definition
“tariff” means any aeronautical charges, including any terms or conditions imposed in relation to such charges, set by the airport licensee and approved by the Authority in accordance with these Rules;
Definition
“tax event”, in relation to a determination, means —
the imposition on an airport licensee of an obligation to pay an amount which —
it was not obliged to pay at the time the determination was made; or
arises from the imposition of a relevant tax;
a change in the manner in which, or the rate at which, a relevant tax is calculated which results in a change in an amount an airport licensee is required to pay, whether directly or by reason of an adjustment under a contract of an amount payable under that contract, in respect of relevant taxes from the amount it was so required to pay at the time the determination was made; or
the removal of a relevant tax which results in a change in an amount an airport licensee is required to pay, whether directly or by reason of an adjustment under a contract of an amount payable under that contract, in respect of relevant taxes from the amount it was so required to pay at the time the determination was made;
Definition
“unregulated services and facilities”, in relation to an airport licensee for an airport, means the provision of services and facilities by the airport licensee —
which are not related to the operation and maintenance of civil aviation at the airport; or
which are or can be competitively offered in Singapore.
Subregulation 2
Where a person together with one or more other persons, by any contract or other arrangement between them, provide services or facilities subject to the joint control of the parties to that contract or arrangement so as to obtain individual benefits for the parties, whether in the form of a share of the output of the arrangement or joint or collective profits for all the parties, any reference in these Rules to a person who provides services or facilities includes a reference to all those parties.