Commonwealth Numbered Regulations - Explanatory Statements

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AIRPORTS AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 1 OF 2011)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2011 No. 1

 

 
Subject -         Airports Act 1996
 
Airports Amendment Regulations 2011 (No. 1)

 

The Airports Act 1996 (the Act) establishes a regulatory framework for the leased federal airports.

Section 252 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Hoxton Park Airport ceased being a leased federal airport in 2008 and no longer subject to the Act and its associated regulations.  Subsequently, amendments were made to the Airports Regulations 1997 (the Principal Regulations) to remove references to Hoxton Park Airport.  However, one such reference in the Principal Regulations was inadvertently missed.

The Regulations remove this reference to Hoxton Park Airport. 

The Regulations also remove regulation 5.02A - Meaning of major airport development from the Principal Regulations.  This minor amendment is consequential to recent amendments to the Act made by the Airports Amendment Act 2010 (the Amendment Act).

The Regulations also provide for a transitional provision to ensure that regulation 5.02A as in force immediately before the commencement of the Regulations continues to apply to a development if written notice was given for a major development plan under the Act before 18 December 2010, the date when the substantive provisions of the Amendment Act commenced operation.

The amendments to the Act were subject to extensive consultation with industry stakeholders including airport-lessee companies and airlines during the 20-month development of the National Aviation Policy White Paper.  Further consultation on these amendments occurred during the Senate inquiry into the Airports Amendment Bill 2010. 

Details of the Regulations are set out at the Attachment.

The Act does not impose any conditions that need to be satisfied before power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.  The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

The Minute recommends that Regulations be made in the form proposed.

 

 

 

Authority:       Section 252 of the Airports Act 1996

 

 

 

ATTACHMENT

 

Details of the Airports Amendment Regulations 2011 (No. 1)

Regulation 1 - Name of Regulations

 

This regulation provides that the title of the Regulations is the Airports Amendment Regulations 2011 (No. 1).

 

Regulation 2 - Commencement

 

This regulation provides for the Regulations to commence on the day after they are registered.

 

Regulation 3 - Amendment of Airports Regulations 1997

 

This regulation provides that the Airports Regulations 1997 (the Principal Regulations) are amended as set out in Schedule 1.

 

Regulation 4 - Transitional

This regulation provides for a transitional provision to ensure that regulation 5.02A as in force immediately before the commencement of the Regulations continues to apply to a development if written notice was given for a major development plan under subsection 92 (1A) of the Act before 18 December 2010, the date when the substantive provisions of the Amendment Act commenced operation.

 

Schedule 1 - Amendments

 

Item [1] - Paragraph 5.01A (ba)

 

This item omits "Hoxton Park Airport".  Regulation 5.01A prescribes which airports that Part 5 of the Airports Act 1996 (the Act) applies to.  Hoxton Park Airport ceased being a leased federal airport in 2008 and although the Principal Regulations were subsequently amended to omit all references to Hoxton Park Airport, this particular reference was inadvertently missed.

 

Item [2] - Regulation 5.02A

 

This item deletes regulation 5.02A from the Principal Regulations. 

 

Regulation 5.02A specifies certain developments for the purposes of paragraph 89(1)(o) of the Act, which are developments of a kind specified in the Principal Regulations.   The Act was recently amended by the Airports Amendment Act 2010 to include a new type of development called "sensitive developments" under new section 71A of the Act.  These types of developments have replaced those prescribed in regulation 5.02A.

 

 

 

 

New section 71A of the Act defines a 'sensitive development' to be the development of, or the redevelopment that increases the capacity of, any of the following:

 

*         residential dwelling

*         community care facility

*         pre-school

*         primary, secondary, tertiary or other educational institution

*         hospital.

 

 

                       

 


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