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LRC Revised Act

Number 32 of 2004

STATE AIRPORTS ACT 2004

REVISED

Updated to 25 August 2021

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

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

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, collective citation and construction.

2.

Interpretation.

3.

Expenses.

PART 2

Dublin, Cork and Shannon Airport Authorities

(Restructuring of Aer Rianta)

4.

Definitions (

Part 2

).

5.

Appointed days.

6.

Dublin, Cork and Shannon Airport Authorities.

7.

Restructuring of Aer Rianta.

8.

Power of company to manage and develop its airport, etc.

9.

Memorandum and articles of association of company.

10.

Share capital of Cork and Shannon Airport Authorities.

11.

Liability for loss occurring before appointed days.

12.

Staff.

13.

Chairperson and directors of Aer Rianta ceasing to hold office on Dublin appointed

day.

14.

Formation of subsidiaries.

15.

Airport bye-laws.

16.

Airport regulations.

17.

Laying of orders.

18.

Directions.

19.

Transitional provisions.

PART 3

Aviation Regulation

20.

Commencement (

Part 3

).

21.

Market behaviour.

22.

Airport charges.

23.

Aviation terminal services charges.

24.

Miscellaneous amendments of Act of 2001.

PART 4

Miscellaneous Amendments

25.

Amendment of Customs-free Airport Act 1947.

26.

Amendment of section 2A(4) of Air Navigation and Transport Act 1973 (increased fines

for disruptive behaviour on board aircraft in flight).

27.

Fixed payment notice.

27A.

Declaration.

28.

Penalties under Act of 1998.

SCHEDULE

Amendment of Act of 1998

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.

...

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.

...

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, collective citation and construction.

2.

Interpretation.

3.

Expenses.

PART 2

Dublin, Cork and Shannon Airport Authorities

(Restructuring of Aer Rianta)

4.

Definitions (

Part 2

).

5.

Appointed days.

6.

Dublin, Cork and Shannon Airport Authorities.

7.

Restructuring of Aer Rianta.

8.

Power of company to manage and develop its airport, etc.

9.

Memorandum and articles of association of company.

10.

Share capital of Cork and Shannon Airport Authorities.

11.

Liability for loss occurring before appointed days.

12.

Staff.

13.

Chairperson and directors of Aer Rianta ceasing to hold office on Dublin appointed

day.

14.

Formation of subsidiaries.

15.

Airport bye-laws.

16.

Airport regulations.

17.

Laying of orders.

18.

Directions.

19.

Transitional provisions.

PART 3

Aviation Regulation

20.

Commencement (

Part 3

).

21.

Market behaviour.

22.

Airport charges.

23.

Aviation terminal services charges.

24.

Miscellaneous amendments of Act of 2001.

PART 4

Miscellaneous Amendments

25.

Amendment of Customs-free Airport Act 1947.

26.

Amendment of section 2A(4) of Air Navigation and Transport Act 1973 (increased fines

for disruptive behaviour on board aircraft in flight).

27.

Fixed payment notice.

27A.

Declaration.

28.

Penalties under Act of 1998.

SCHEDULE

Amendment of Act of 1998

Number

32

of

2004

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