Commonwealth Numbered Regulations - Explanatory Statements

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AIRPORTS AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 124

STATUTORY RULES 2003 No. 124

Issued by the authority of the Minister for Transport and Regional Services

Airports Act 1996

Airports Amendment Regulations 2003 (No. 1)

Section 252 of the Airports Act 1996 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted under the Act or necessary or convenient for giving effect to the Act.

Section 5 of the Act defines an "airport site" as a place that is declared by the regulations to be an airport site, and is a Commonwealth place, and is used, or intended to be developed for use, as an airport.

For the purposes of section 5 of the Act, paragraph 1.03(pa) of the Airports Regulations 1997 (the principal Regulations) provides that Sydney (Kingsford-Smith) is the place made up of the land described in Part 1.16A of Schedule 1 to the principal Regulations.

Subsection 163A(1) of the Act provides that where an airport lessee requests the Minister to vary the lease by reducing the leased area, the Minister may determine that the lease is varied in accordance with the request by publishing a notice in the Gazette.

The Regulations make changes to the folio identifiers that describe the Sydney (Kingsford-Smith) Airport site, make certain terminology consistent with that in the Public Service Act 1999 and make a technical amendment.

Sydney Airport Corporation Limited (SACL) has a lease for the Sydney (Kingsford-Smith) Airport. Under section 161 of the Act the airport site may not be varied by regulation without the written consent of the lessee.

The Commonwealth has acquired additional land adjacent to the Sydenham to Botany rail line in St Peters to form part of the Sydney (Kingsford-Smith) Airport site. The land forms part of a package of land and air access from Sydney Airport across the Alexandra Canal to land previously acquired from Pacific Power and the NSW Department of Public Works and Services. SACL has requested that the principal Regulations be varied to include the additional land.

The NSW Roads and Traffic Authority (RTA) has acquired a 2-3ha strip of Sydney Airport land for the construction of the M5 East Motorway. Pursuant to section 163A of the Act, SACL has requested that the airport lease be varied by reducing the leased area. This land is removed from the description of the Sydney (Kingsford- Smith) Airport site.

The Regulations amend Part 1.16A in Schedule 1 to incorporate additional land into the airport site and delete the leased area that has been transferred to the RTA.

The Regulations amend regulation 1.02, regulation 2.21 and paragraph 3.27(b) so that the terminology used to describe an SES employee in the principal Regulations is consistent with that in the Public Service Act 1999.

The Regulations amend a reference in subregulation 2.18(2) to correct an error in cross-referencing another-subregulation.

Details of the Regulations are contained in the attachment.

The Regulations commence on gazettal.

ATTACHMENT

AIRPORTS AMENDMENT REGULATIONS 2003 (No. 1)

Regulation 1 - Name of regulations

The regulations are called the Airports Amendment Regulations 2003 (No. 1).

Regulation 2 - Commencement

The regulations commence on gazettal.

Regulation 3 - Amendment of Airports Regulations 1997

The Airports Regulations are amended as set out in Schedule 1 of the proposed regulations.

Schedule 1- Amendments

Items 1 and 6 - Regulation 1.02 definition of Senior Executive Service officer and further amendments - SES employee

The amendment replaces Senior Executive Service officer with SES employee for the purposes of regulation 2.21 and paragraph 3.27(b).

Item 2 - Subregulation 2.18(2)

The Secretary may declare a proposed dealing in relation to a licence not to be prohibited under subregulation 2.19(2). The amendment replaces the reference to subregulation 2.19(1) with the correct reference.

Items 3, 4 and 5 - Schedule 1, Part 1.16A paragraphs (a), (p) and (zg), (zh), (zi) and (zj)

The amendment removes folio identifiers from the description of the Sydney (Kingsford-Smith) Airport site and add new folio identifiers to the description of the airport site.