Singapore legislation
Regulation 28B
of Civil Aviation Authority of Singapore (Price Control of Aeronautical Charges) Rules 2009
Regulation 28B
Review and determination with respect to tariff proposal
Subregulation 1
Where the proposal submitted under rule 28A(1) by a former exempt airport licensee is a tariff, the proposal must —
fully and clearly describe the particular services and facilities to be provided by the former exempt airport licensee at that airport;
contain a clear statement of the aeronautical charges and all terms or conditions imposed in relation to those charges, including any package offer and the criteria for determining those persons who may be offered such a package offer;
state the date that the tariff is proposed to take effect (which must be at least 3 months after the submission of the proposal under this rule) and the period the tariff specified therein is to remain in force;
list any discounts or special considerations that the former exempt airport licensee proposes to offer, the period of time for which such discounts or special considerations will be valid and the requirements that must be satisfied;
state any person or aircraft or class of persons or aircraft who are proposed to be exempted from the payment of any tariff or all of the tariffs; and
be accompanied by —
relevant business development strategies and plans, together with all the necessary costs and revenue projections;
information, assumptions, justifications and calculations to show the basis and rationale for the proposed tariff; (iii)actual and projected operating statistics, including the number of passengers landing at or departing from the airport of the former exempt airport licensee and the number of aircraft movements at that airport for each type of flight where relevant; and
such other provisions, specifications and particulars in relation to the proposed tariff, and such other information and materials as are necessary to explain and illustrate the proposal, as the Authority may require.
Subregulation 2
Upon receipt of any proposal from a former exempt airport licensee under rule 28A(1) that is a tariff, the Authority may conduct a review of the proposal in the manner it considers appropriate and do anything the Authority considers necessary or convenient for the purposes of conducting such a review but subject to these Rules, and in particular may —
consult with any person;
require the airport licensee to consult with any relevant airport users;
receive submissions from those persons the Authority considers appropriate;
hold seminars or workshops;
conduct hearings; or
seek additional clarifications, information or documents from the airport licensee concerned in relation to its proposal,and in conducting any such review, the Authority is not bound by rules of evidence but may inform itself of any matter in any manner it considers appropriate.
Subregulation 3
If a former exempt airport licensee is required by the Authority under paragraph (2)(b) to consult relevant airport users, the airport licensee concerned must within a week (or such longer period as the Chief Executive may allow in any particular case) after being informed by the Authority, commence the consultation and rule 21(2), (3) and (4) shall apply to and in relation to the former exempt airport licensee as if —
any reference therein to a draft proposal is a reference to the proposal submitted by the former exempt airport licensee under rule 28A(1) that is a tariff;
any reference therein to a designated airport user is a reference to the relevant airport user of the former exempt airport licensee’s airport;
any reference in rule 21(2)(b) to a period of 6 weeks is a reference to a period of one month (or such longer period as the Chief Executive may allow in any particular case);
any reference in rule 21(4) to rule 22(1) is a reference to rule 28A(1);
any reference in rule 21(4) to a period of 2 weeks is a reference to a period of one week (or such longer period as the Chief Executive may allow in any particular case); and
any reference therein to a regulatory period is a reference to the period specified by the former exempt airport licensee under paragraph (1)(c) to be the period the tariff specified in its proposal is to remain in force.
Subregulation 4
After considering a proposal that is a proposed tariff made by a former exempt airport licensee and any information received under rules 23, 24 and 25 as modified by rule 28A or presented during any hearings held under rule 26 as modified by this rule, the Authority must, within a period of 6 weeks (or such extension by the Authority in accordance with paragraph (5) in any particular case) make a determination to approve or reject in whole or in part the proposed tariff and a report that specifies in appropriate detail the basis and rationale for the determination.
Subregulation 5
The Authority may extend the period for making a determination and report under paragraph (4) subject to —
the period of extension being not more than 6 weeks; and
the Authority gives prior written notice to the former exempt airport licensee of the period of extension.
Subregulation 6
On making a determination and report under paragraph (4), the Authority must —
provide a copy of the determination and report to the Minister and to the airport licensee concerned; and
publish on the Authority’s website or in such daily newspaper circulating in Singapore as the Authority considers appropriate notice of the making of the determination.
Subregulation 7
Where the Authority determines that it would be appropriate, it may ––
allow the proposed tariff to have effect temporarily on an interim basis, and adjust the proposed tariff at a later date if the Authority determines that any price, term or condition in the tariff should not take effect;
approve the proposed tariff, subject to such conditions as the Authority considers appropriate; or
approve the proposed tariff with appropriate variations or amendments.
Subregulation 8
Except where the Authority is satisfied that any particular tariff shall not be disclosed, the former exempt airport licensee must publish on its website the aeronautical charges for the provision of airport services and facilities in accordance with the tariff approved, varied or amended under paragraph (4) or (7), at least 3 months (or any other period as the Chief Executive may allow in any particular case) prior to such charges taking effect.
Subregulation 9
The information published under paragraph (8) must, at the minimum, include a service description, prices (including any discount offered and the persons or aircraft that are exempted from payment of any particular aeronautical charge), conditions and eligibility requirements.