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AIRPORTS AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 275
STATUTORY RULES 2004 No. 275
Issued by the authority of the Minister for Transport and Regional Services
Airports Act 1996
Airports Amendment Regulations 2004 (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 to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 71(2) of the Act specifies the matters that must be set out in a draft or final master plan for an airport that is not a joint-user airport. [A joint-user airport is Darwin, Townsville or any other specified airport. These airports are operated with the Department of Defence]. Section 72 of the Act provides that a draft or final master plan must relate to a period of 20 years (the planning period).
The Act requires the Federally leased airports to prepare a Draft Master Plan every five years. Under subsection 71(4) of the Act, regulations may provide that the objectives, assessments, proposals, forecasts and other matters covered by subsection 71(2) may relate to either or both of the whole planning period and one or more specified 5-year periods included in the planning period. There is no provision in the Act to change the length of the planning period.
In December 2003 the Government concluded the sale process for Hoxton Park Airport. As part of that process, the Hoxton Park Airport lease was reduced to expire in 2008, with an option to renew for up to two years, before reverting to freehold. Once freehold, the site does not fall within the Act and associated Regulations and the owners can determine the use of the site and must comply with State requirements.
Under the Act, the draft Master Plan for Hoxton Park Airport is required to be submitted for approval by 15 December 2004.
The Regulations apply the requirements for the contents of a draft or final master plan for Hoxton Park Airport only to the first five year period of the planning period instead of 20 years. The requirements of subsection 71(2) therefore do not apply to the remainder of the 20 year planning period after the Hoxton Park Airport Lease expires.
Should the lease be renewed for the optional two years beyond 2008, the requirements of the Act and associated Regulations will apply.
The Regulations commence on the date of their notification in the Gazette.