12 December 2008

Mr Bruce Byron AM

Chief Executive Officer

Civil Aviation Safety Authority

GPO Box 2005

CANBERRA  ACT  2601                                                   BY FACSIMILE: (02) 6217 1444

Dear Mr Byron

Proposals for Newcastle’s Airport for Christmas Holiday Period 2008-2009

We refer to our letter dated 9 December 2008 and your response of 11 December 2008.

We are instructed that the Minister for Defence has now intervened in this matter and instructed the Air Force to man the control tower and provide a Certified Air Ground Radio Service with access to the radar facilities over the Christmas period.  In these circumstances, the immediate problem has been solved.

Accordingly, we do not intend to commence immediate proceedings in the Federal Court of Australia seeking appropriate relief or urgent interlocutory relief.

Yours faithfully

Mark O’Brien,

Partner

cc.        The Honourable Anthony Albanese, MP – by email: A.Albanese.MP@aph.gov.au  

            Minister for Infrastructure, Transport and Regional Development, Local Government