Commonwealth Numbered Regulations - Explanatory Statements

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AIR NAVIGATION (CHARGES) REGULATIONS (AMENDMENT) 1991 NO. 5

STATUTORY RULES 1991 No. 5

Issued by the authority of the Minister for Shipping and Aviation Support

Air Navigation (Charges) Act 1952

Air Navigation (Charges) Regulations (Amendment)

Subsection 6(1) of the Air Navigation (Charges) Act 1952 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The Act provides for the payment of landing charges at aerodromes that are either maintained, operated or provided by the Commonwealth or in respect of the maintenance or operation of which financial assistance is provided by the Commonwealth. Section 5 of the Act provides that charges are payable in accordance with the Air Navigation (Charges) Regulations (the Regulations).

Previously, the Regulations applied one of a set of two landing charges to an aircraft landing at an aerodrome. Specifically, regulation 12 provided that the charge applicable was dependant on the type of aerodrome used for the landing; that is, one charge was set for all aerodromes maintained, operated or provided by the Commonwealth and another was set for all aerodromes in respect of the maintenance or operation of which financial assistance was provided by the Commonwealth. The landing charges collected in accordance with this procedure did not reflect the actual costs incurred by the Commonwealth at individual aerodromes. In some cases, the amount collected was in excess of the Commonwealth's costs; in most cases, it did not meet the Commonwealth's costs.

The amendments to the Regulations provide a mechanism to levy different charges at different aerodromes. In particular, the amended Regulations set charges for individual aerodromes which are commensurate with the costs incurred by the Commonwealth at these aerodromes.

Details of the amendments are in the Attachment.

The amended Regulations commenced on 1 February 1991.

ATTACHMENT

DETAILS OF AIR NAVIGATION (CHARGES) REGULATIONS (AMENDMENT)

Regulation 1 - Commencement

This regulation provides that the amending Regulations are to commence on 1 February 1991.

Regulation 2 - Amendment

This regulation provides that the Air Navigation (Charges) Regulations are to be amended as set out in the amending Regulations.

Regulation 3 - Interpretation

This regulation deletes the definition of "international operation" from regulation 2. This definition was previously needed for an understanding of regulation 12A which has been repealed by the amending Regulations.

In addition, this regulation amends the definition of "landing charge" in regulation 2. The previous definition related the charge to a table which appeared at the foot of subregulation 12(2). Under this table there were two possible charges which could be calculated for an aircraft landing at an aerodrome, the rates being dependant on the type of aerodrome at which the aircraft had landed. Specifically, a rate of $4.66 per 1,000 kilograms weight was set for an aircraft which landed at an aerodrome maintained, operated or provided by the Commonwealth and a rate of $2.33 per 1,000 kilograms weight was set for an aircraft which landed at an aerodrome in respect of the maintenance or operation of which financial assistance was provided by the Commonwealth, not being an aerodrome listed in Schedule 2 (Schedule 2 listed aerodromes from which no charges were to be collected under the Regulations). The table at the foot of subregulation 12(2) has been deleted by the amending Regulations and the appropriate charge is now specified in the Schedule. Consequently, this definition has been amended to mirror this change.

Regulation 4 - Charges not Payable-use by aircraft of Federal airports

This regulation deletes regulation 2AA. Regulation 2AA provided that landing charges were not payable under the Regulations for aircraft landing at a Federal airport (i.e. a Federal airport within the meaning of the Federal Airports Corporation Act 1986). The Schedule to the amending Regulations, however, lists every aerodrome from which landing charges are to be collected under these Regulations. Therefore, there is no longer a need to maintain a specific regulation excluding Federal airports from the aerodromes from which charges are to be collected under the Regulations.

Regulation 5 - Landing Charges

This regulation substitutes a new subregulation 12(2). The previous subregulation 12(2) stipulated that the applicable landing charge was as set out in the table at the foot of the subregulation. This table no longer exists in the Regulations and the landing charges are now set out in the Schedule. Therefore, the new subregulation 12(2) specifies that the appropriate landing charge is that which is referred to in the Schedule. Specifically, the appropriate landing charge for an aircraft that lands at an aerodrome listed in Column 2 of the Schedule is the amount calculated at the rate per 1,000 kilograms weight which is stipulated in the corresponding Column 3 of the Schedule; weight, in relation to an aircraft, is defined in subregulation 2(1) as 'the weight set out in the certificate of airworthiness of, or the flight manual for, the aircraft as the maximum take-off weight'.

This regulation also deletes subregulation 12(3). The table at the foot of subregulation 12(2) in addition to providing the rate for each of the two types of aerodrome also set a minimum charge for each. This was $7.00 for an aerodrome maintained, operated or provided by the Commonwealth and $3.50 for an aerodrome in respect of the maintenance or operation of which financial assistance is provided by the Commonwealth, not being an aerodrome specified in Schedule 2 (Schedule 2 listed aerodromes in respect of which no landing charges were to be collected under the Regulations). Subregulation 12(3) provided that in the event of the calculated charge being less than the minimum charge, then the minimum charge was payable. This regulation deletes subregulation 12(3) because there will no longer be a minimum charge payable.

In addition, this regulation amends paragraph 12(6)(d) which deals with the calculation of the charge on a pro rata basis. Previously, this paragraph referred to the table at the foot of subregulation 12(2). As this table n longer exists and has, in essence, been replaced by the Schedule, the amended paragraph makes reference to the Schedule.

Regulation 6 Additional Landing Charge

This regulation deletes Regulation 12A which applied an additional landing charge to certain aircraft for a prescribed time. Subregulation 12A(2) provided that the prescribed time was to expire on 30 June 1989 and, since it is now expired, Regulation 12A has been deleted from the Regulations.

Regulation 7 - Schedule 2

This regulation omits Schedule 2 and in its place substitutes the Schedule. Schedule 2 set out a list of aerodromes in respect of which landing charges were not to be collected under the Regulations. The substitute Schedule, however, lists every aerodrome from which landing charges will be collected under the Regulations. Therefore, as there is no longer a need to maintain Schedule 2, it has been deleted and substituted with the Schedule.