Commonwealth Numbered Regulations - Explanatory Statements

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AIRPORTS AMENDMENT REGULATIONS 2003 (NO. 2) 2003 NO. 155

EXPLANATORY STATEMENT

STATUTORY RULES 2003 No. 155

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

Airports Act 1996

Airports Amendment Regulations 2003 (No. 2)

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 to be prescribed or necessary or convenient to be prescribed for carrying out or 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.

The Regulations make changes to the folio identifiers that describe the Sydney (Kingsford-Smith) Airport site 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 an airport site may not be varied by regulation without the written consent of the lessee.

The Commonwealth has acquired access across the Alexandra Canal to construct bridges to form part of the Sydney (Kingsford-Smith) Airport site. The air rights form 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 air rights.

The Regulations amend Part 1.16A in Schedule 1 to incorporate additional air rights into the airport site.

The Regulations amend a reference in regulation 5.01A to correct an error in cross-referencing the Airports Act 1996.

The Regulations commence on gazettal.


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