State Airports Act 2004


Number 32 of 2004


STATE AIRPORTS ACT 2004

REVISED

Updated to 25 August 2021


This Revised Act is an administrative consolidation of the State Airports Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 12) Regulations 2021 (S.I. No. 438 of 2021), made 25 August 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 32 of 2004


STATE AIRPORTS ACT 2004

REVISED

Updated to 25 August 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Airports and Aviation Acts 1936 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Public Transport Act 2016 (3/2016), s. 10(4)). The Acts in this group are:

Air Navigation and Transport (International Conventions) Act 2004 (11/2004)

State Airports Act 2004 (32/2004), other than Part 3 and s. 25

State Airports (Shannon Group) Act 2014 (27/2014), other than Parts 8 and 9

Public Transport Act 2016 (3/2016), s. 6

Aviation Regulation Acts 2001 to 2004 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( State Airports Act 2004 (32/2004), s. 1(4)). The Acts in this group are:

Aviation Regulation Act 2001 (1/2001)

State Airports Act 2004 (32/2004), Part 3

Customs-free Airport Acts 1947 to 2004 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( State Airports Act 2004 (32/2004), s. 1(3)). The Acts in this group are:

Customs-Free Airport Act 1947 (5/1947)

Customs-free Airport (Amendment) Act 1958 (29/1958)

State Airports Act 2004 (32/2004), s. 25

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Public Transport Act 2016 (3/2016)

State Airports (Shannon Group) Act 2014 (27/2014)

All Acts up to and including Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Shannon Airport Bye-Laws 2015 (S.I. No. 69 of 2015)

Airport Bye-Laws 2014 (S.I. No. 618 of 2014)

State Airports Act 2004 (Shannon Appointed Day) Order 2012 (S.I. No. 571 of 2012)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

State Airports Act 2004 (Dublin Appointed Day) Order 2004 (S.I. No. 531 of 2004)

All statutory instruments up to and including Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) (Amendment) (No. 12) Regulations 2021 (S.I. No. 438 of 2021), made 25 August 2021, were considered in the preparation of this revision.


Number 32 of 2004


STATE AIRPORTS ACT 2004

REVISED

Updated to 25 August 2021



Acts Referred to

Air Navigation and Transport Act 1973

1973, No. 29

Air Navigation and Transport Acts 1936 to 1998

Air Navigation and Transport (Amendment) Act 1998

1998, No. 24

Air Navigation and Transport (International Conventions) Act 2004

2004, No. 11

Aviation Regulation Act 2001

2001, No. 1

Carer's Leave Act 2001

2001, No. 19

Companies Act 1963

1963, No. 33

Companies Acts 1963 to 2003

Companies (Amendment) Act 1983

1983, No. 13

Competition Act 2002

2002, No. 14

Customs-free Airport Act 1947

1947, No. 5

Customs-free Airport Acts 1947 and 1958

Customs-free Airport (Amendment) Act 1958

1958, No. 29

Minimum Notice and Terms of Employment Acts 1973 to 2001

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Act 1998

1998, No. 30

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Road Traffic Act 1961

1961, No. 24

Redundancy Payments Acts 1967 to 2003

Unfair Dismissals Acts 1977 to 2001

Worker Participation (State Enterprises) Act 1977

1977, No. 6


Number 32 of 2004


STATE AIRPORTS ACT 2004

REVISED

Updated to 25 August 2021


AN ACT TO PROVIDE FOR THE VESTING, MANAGEMENT, OPERATION AND DEVELOPMENT OF THE STATE AIRPORTS KNOWN AS DUBLIN AIRPORT, CORK AIRPORT AND SHANNON AIRPORT AND FOR THAT PURPOSE TO RE-NAME AER RIANTA, CUIDEACHTA PHOIBLÍ THEORANTA, AS DUBLIN AIRPORT AUTHORITY, PUBLIC LIMITED COMPANY, TO HAVE VESTED IN IT, MANAGE, OPERATE AND DEVELOP DUBLIN AIRPORT AND IN CONNECTION WITH THIS RESTRUCTURING TO PROVIDE INTER ALIA FOR THE TRANSFER OF CERTAIN ASSETS OF AER RIANTA C.P.T. INTO TWO NEW PUBLIC LIMITED COMPANIES FORMED AND REGISTERED UNDER THE COMPANIES ACTS 1963 TO 2003 ONE OF WHICH TO BE NAMED CORK AIRPORT AUTHORITY, PUBLIC LIMITED COMPANY, TO HAVE VESTED IN IT, MANAGE, OPERATE AND DEVELOP CORK AIRPORT AND THE OTHER TO BE NAMED SHANNON AIRPORT AUTHORITY, PUBLIC LIMITED COMPANY, TO HAVE VESTED IN IT, MANAGE, OPERATE AND DEVELOP SHANNON AIRPORT, TO AMEND THE AIR NAVIGATION AND TRANSPORT ACTS 1936 TO 1998, THE CUSTOMS-FREE AIRPORT ACT 1947, THE AVIATION REGULATION ACT 2001 AND TO PROVIDE FOR RELATED MATTERS. [21 st July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act restricted (1.12.2009) by Dublin Transport Authority Act 2008 (15/2008), s. 76(1), S.I. No. 458 of 2009.

Relationship between Authority and DAA, port developers and State bodies.

76.— (1) Notwithstanding the State Airports Act 2004, the [daa] shall obtain and consider the written views of the Authority prior to undertaking the development of any airport facility or any other related development which, in its opinion, could impact in a significant manner on the movement of persons or goods in the GDA.

(2) Prior to any person undertaking the development of any port facility or any other port related development, which, in the opinion of that person could impact in a significant manner on the movement of persons or goods in the GDA, that person shall obtain and consider the written views of the Authority.

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