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AIRPORTS (CONTROL OF ON-AIRPORT ACTIVITIES) AMENDMENT REGULATIONS 2001 (NO. 2) 2001 NO. 170
EXPLANATORY STATEMENTSTATUTORY RULES 2001 No. 170
Issued by the Authority of the Minister for Transport and Regional Services
Airports Act 1996
Airports (Control of On-Airport Activities) Amendment Regulations 2001 (No. 2)
Section 252 of the Airports Act 1996 (the Act) provides that the Governor-General may make regulations prescribing matters that are required or permitted by the Act to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 172 of the Act provides that the regulations may make provision for and in relation to prohibiting or regulating the parking or use of vehicles within a specified airport and provide for signs and road markings for those purposes.
The purpose of the amendments to the Airports (Control of On-Airports Activities) Regulations 1997 (the Regulations) is to:
(i) Update the Regulations so that they apply the parking enforcement provisions of the Australian Road Rules (ARR). The ARR represent a consistent approach to the regulation of traffic control across all states and territories of the Commonwealth and should apply at Airports as well; and
(ii) Implement a sustainable parking scheme that allows for the enforcement of parking management and the collection of fines associated with this management.
(iii) Strengthen the accountability of airport operator companies by requiring them to adhere to Standard Operating Procedures and Parking Signage Plans; report to the department on their parking enforcement activities; and enter into fixed price contracts for their collection of parking fines on behalf of the Commonwealth.
Regulations were made in 1997 to provide the three airports (Brisbane, Melbourne and Perth) privatised as part of the Phase 1 airport sales process with sufficient back-up powers to facilitate the smooth flow of traffic at these airports. Amendments to the Regulations in June 1998 gave Sydney Airport the same enforcement powers.
It was intended that the Regulations would only be applied as an interim measure until arrangements could be implemented to apply State or Local Government regulatory regimes. These interim regulations were not applied to airports leased during Phase 2 of the sales process in the hope that the Phase 2 airports would be able to settle arrangements with local councils to enforce State/Council parking rules.
Having examined airport parking requirements from a broader perspective, the States and all but one local council (the City of West Torrens, in whose jurisdiction Adelaide Airport is located), have taken the position that the Commonwealth should keep responsibility for "landside" (the area of an airport to which there is public access) vehicle parking at its Federal airport sites.
The regulatory regime replaced the interim regulations and amended the Regulations to give authority to airport operators to issue parking infringement notices. It also provided for the entering into of fixed price contracts between the airport operators and the Commonwealth to control reimbursement of their parking enforcement and fine recovery costs, thereby minimising any public perception that airport operators are using parking infringement notices as a profit generator.
Section 178 of the Act requires the Minister to consult with existing airport operators before making regulations under Part 11. The Minister is required to give each airport-operator company a notice stating that there is a proposal to make regulations under Part 11 which will affect that airport, at least 30 days before the regulations are made. The notice must invite them to make a submission within 30 days of receiving the notice. The Minister is to have due regard to the submission when dealing with the proposal to make regulations. Consultation with the existing airport-operator company for Sydney (Kingsford-Smith) Airport, Melbourne (Tullamarine) Airport, Brisbane Airport, Perth Airport, Hobart Airport, Coolangatta Airport, Townsville Airport and Launceston Airport as required under section 178 of the Act has taken place and any views expressed were given due regard.
Further details of the amendments appear in the Attachment.
A Regulation Impact Statement is attached.
The Regulations commenced upon gazettal.
ATTACHMENT
Airports (Control of On-Airport Activities) Amendment Regulations 2001 (No. 2)
Item 1 - Name of Regulations
Item 1 provides for the name of the Regulations
Item 2- Commencement
Item 2 provides that the Regulations commence on 1 April 2001.
Item 3 - Amendment
Item 3 provides that Schedule 1 of the Regulations amends the
Airports (Control of On-Airports Activities) Regulations 1997.
Schedule 1 - Amendments to Airports (Control of On-Airports Activities) Regulations 1997
Item 1 - substitution of Part 4, Division 11
Item 1 inserts a number of Regulations:
Regulation 106
provides the definitions for the Division. The Regulation makes a distinction between the various definitions of "public bus", depending on where the airports are located. The necessity to do this arises from the fact that Coolangatta Airport has parking management responsibilities that must comply with both Queensland and New South Wales law.
Regulation 106A
lists the Airports to which the Division applies.
Regulation 106B
provides that the laws in the state in which an airport is located do not apply to the Airport in so far as Division 11 deals with the same subject matter.
Regulation 106BA
provides for the implementation of a regime that allows for the enforcement of parking management and the collection of fines associated with this management. This is achieved by requiring airport operators to whom the Division applies, to give to the Secretary a parking signage plan and standard operating procedures.
The Commonwealth is concerned to ensure that all airport operators handle their power in a responsible manner, consistent with Commonwealth accountability guidelines. All airport operators will enter a binding commercial agreement with the Commonwealth that requires, among other things, that the standard operating procedures must comply with the reasonable requirements of the Secretary of the Department of Transport and Regional Services. In return, airport operators receive reimbursement for the reasonable costs associated with enforcing the parking scheme.
A parking signage plan describes the landside areas (ie those areas of the airport, outside the terminals, to which the public has access) of the airport where parking restrictions are enforced pursuant to the regulations and the traffic control devices used to identify where the infringement notice offences apply.
The standard operating procedures document set out the airport operator's policy for dealing with airport users' access to public parking facilities on the landside of the airport. It sets out the manner in which duties and functions are to be carried out by persons authorised by the Secretary of the Department of Transport and Regional Services to enforce the functions associated with traffic control on the airport site. It also sets out the procedures for issuing infringement notices and the manner in which the Airport operator may move vehicles.
An airport operator that submits standard operating procedures that do not reach the Commonwealth's minimum standards for the removal of vehicles would be in breach of its commercial agreement with the Commonwealth, triggering a termination for default clause. Compliance with the agreement is reviewed every six months. An airport operator who fails to comply with the contractual and regulatory requirements of the scheme risks termination of its agreement. Further, an airport operator who was found to have acted unreasonably in its exercise of this power could also find that it is promptly removed as a participant in the scheme with the consequential inability to recover the costs associated with enforcing the scheme to that time and the need to rely solely on its private property rights to maintain control over parking arrangements at its airport.
Regulation 106C
provides that an airport operator may install traffic control devices on the landside of an airport only if they comply with Australian Road Rule 316, except where an emergency necessitates otherwise.
Regulation 106D
permits vehicles to stop in a permit zone, as defined by Australian Road Rule 185, provided a permit is issued.
Regulation 106E
lists the rules of the Australian Road Rules that apply in relation to the landside of an airport. The rules are interpreted in accordance with the Australian Road Rules, with the exception of the term "vehicle". That term is interpreted in accordance with the meaning given in section 172(2) of the Airports Act 1996.
Regulation 107
provides that an offence against the Australian Road Rules as applied by Regulation 106E is punishable by the fine applicable for the same offence in the State in which the Airport is located, as set out in Schedule 3 of the Regulations. However, for the purposes of the Regulations the offence is always considered a strict liability offence and an infringement notice offence.
Regulation 108
makes it an offence for taxi drivers to leave taxis unattended in taxi zones and provides for the fines payable. A taxi is considered to be unattended if its driver is more than 3 metres from the closest point of the taxi while it is in the taxi zone.
Regulation 109
provides that drivers of taxis, hire cars, public buses and minibuses must show the authority card issued by the industry regulation agency where the airport is located that is responsible for regulating their operation, to a person authorised by the airport operator. However, this obligation does not apply if the authorised person refuses to present his or her own identification as an authorised person.
The necessity to refer to the 'landside of the airport' as opposed to 'the airport' arises from the fact that Coolangatta Airport has parking management responsibilities that must comply with both Queensland and New South Wales law.
Regulation 110
provides that an authorised officer of the airport operator may direct the driver of a vehicle to move the vehicle if it is parked in contravention of the Regulations.
Regulation 111
permits an authorised person to move a vehicle, where certain conditions are met. The only person who can authorise the towing or moving of a vehicle is the person referred to as Duty Terminal Manager or its equivalent (for example the equivalent officer at Brisbane International Airport bears the title of Landside Traffic Coordinator).
Regulation 112
authorises an airport operator to recover the reasonable costs it incurred in lawfully removing a vehicle pursuant to regulation 111. The amount payable is a debt owed to the airport operator, recoverable in a court of competent jurisdiction. Airport operators are entitled to maintain possession of a moved motor vehicle until the owner pays the amount that was spent on moving it.
Regulation 113
covers vehicles moved under Regulation 111. It also has a retrospective effect, covering those vehicles moved under Regulation 112 of the former Regulations. In both circumstances, if the driver of a moved vehicle is not found within 3 months from the day on which the vehicle was moved, the airport operator can sell or otherwise dispose of it, provided it gives notice of its intention to do so. Such a notice must be published in a newspaper circulating generally in the State in which the airport is located; 14 days before the sale takes place. The proceeds of the sale, less the reasonable costs of moving, storing and selling the vehicle must go into the Commonwealth's Consolidated Revenue Fund.
The necessity to refer to the 'landside of the airport' as opposed to 'the airport' arises from the fact that Coolangatta Airport has parking management responsibilities that must comply with both Queensland and New South Wales law.
Regulation 114
provides that the Secretary of the Department of Transport and Regional Services may appoint an employee of the Department, an officer of the Australian Protective Service, an employee of, or contractor to, an airport operator as an authorised person for the purposes of this Division 11.
Item 2 - Amendment of Regulation 144
Item 2 of Schedule 1 inserts a new definition to make it clear that, for the purposes of the service of infringement notices, references to the owner of a vehicle means, where the vehicle is registered under a law of a State or Territory, the person in whose name the vehicle is registered, or in any other case, the person who is legally entitled to possession of the vehicle.
Item 3 - Amendment of Regulation 146(4)
Item 3 of Schedule 1 substitutes a new sub-regulation 4 and inserts new subregulations 5 and 6. These provisions deal with the service of infringement notices. They provide that the notices can be served personally on the person who appears to be the driver of the vehicle or by securely placing the notice on the vehicle in a place where it can be clearly seen. Sub-regulation 4 also provides that an infringement notice can also be served on a person, other than the owner of the vehicle, if a statutory declaration is received by the airport owner that the person was driving the vehicle at the time of the alleged offence.
Sub-regulation 5 provides that, if an infringement notice is served by post, it may be addressed to the owner of the vehicle at the owner's last-known place of residence or business or at the address noted in the record of registration of the vehicle.
Sub-regulation 6 provides that, where a statutory declaration has been provided under sub-regulation 4, the infringement notice may be posted to the address shown on the statutory declaration.
Item 4 - Amendment to Regulation 147
Item 4 corrects a typographical error in the former Regulation.
Item 5 - Amendment to sub-regulation 149(2)
Item 5 enables the person issuing the infringement notice to use either a signature and job classification number or an identification number as identification. The new requirement is for that person to sign the notice and show his or her job classification and signature or to show his or her identification number. This will show on the face of the document that the issuer of the notice was authorised to do so
Item 6 - Amendment to sub-regulation 149(5)
Item 6 requires airport operators to obtain the approval of the Secretary of the Department of Transport and Regional Services to the form of the infringement notices they intend to use.
Item 7 - Amendment to sub-regulation 150(2)
Item 7 removed the words "sub-regulation 1" from former sub-regulation 150(2). This is intended to remove any doubt that withdrawal of the infringement notice can only occur within the allowed period for the notice and on the grounds specified in sub-regulation 150(2).
Item 8 - Insertion of new Regulation 154A
Regulation 154A provides that, if an airport operator decides to prosecute a person who has already been issued with an infringement notice, the notice must be withdrawn first. Alternatively, if the infringement notice is not withdrawn, the person must have failed to pay the fine applicable within the allowable period before a prosecution can be commenced.
Item 9 - Insertion of new Regulations 155A and 155B
Regulation 155A introduces the general principle that the owner of a vehicle at the time when an offence under the Regulations is committed is taken to have committed the offence, subject to the following exceptions:
- the vehicle had been stolen or was illegally taken or used at the time the offence was committed;
- where the owner is a natural person, the owner provides a statutory declaration stating that he or she was not the owner of the vehicle at the time of the alleged offence and Provides the name and address of the person to whom the vehicle was sold;
- where the owner is a natural person, the owner provides a statutory declaration stating that he or she was not the driver of the vehicle at the time of the alleged offence and provides the name and address of the person who was the driver of the vehicle at that time;
- where the owner is a body corporate, a director, manager or secretary of the body corporate provides a statutory declaration stating that the vehicle was not being used for the business of the body corporate and providing the name and address of the person who was the driver of the vehicle at that time.
Statutory declarations may also be made where the driver of the vehicle cannot be found. The declaration must outline the nature of the enquiries the owner has taken to find the driver of the vehicle at the time the alleged offence was committed Regulation 155A also sets down the procedure for the hearing of a prosecution for an infringement notice offence. For example, if a statutory declaration has been made, the charge must be dismissed if the court is:
- satisfied that the owner of the vehicle was not the driver of the car at the time of the alleged offence; and
- satisfied that the inquiries made to find out the name and address of the person who was the driver of the car were reasonable in the circumstances and were carried out with due diligence, the charge must also be dismissed.
Item 10 - Insertion of Schedule 2
Schedule 2 inserts an edited version of the Australian Road Rules mentioned in the table in Regulation 106E. The edited version does not include the notes, examples or diagrams for the rules. For considering the application of these rules to the federal leased airports, reference should be made to the full text of the Australian Road Rules.
REGULATION IMPACT STATEMENT: PROPOSED AMENDMENTS TO THE AIRPORTS (CONTROL OF ON-AIRPORT ACTIVITIES), PARTS 4 & 7
BACKGROUND
Part 11 of the Airports Act 1996 (the Act) provides for regulations to be made dealing with the control of on-airport activities in relation to liquor, commercial trading, vehicle movements, gambling and smoking. Part 11 also provides that, if no regulations are in force about those matters, the relevant State or Territory laws will generally apply.
Section 172 of the Act provides for regulations to be made controlling the "parking or use of vehicles within a specified airport" and "providing for signs or road markings" for those purposes. Also, Section 176 provides for regulations to be made prescribing penalties of up to 50 penalty units for breaches of the regulations, and Section 176 provides for regulations to be made allowing infringement notices to be served on persons breaching the regulations.
The landside vehicle regulations ("the Regulations") were made in 1997 to provide the three airport lessee companies (ALCs) leasing Brisbane, Melbourne and Perth Airports, privatised in the Phase 1 airport sales process, with sufficient back-up powers to facilitate the smooth flow of traffic at their airports. Amendments to the Regulations in June 1998 gave Sydney Airport the same enforcement powers. Under the Regulations, these four ALCs have powers to issue parking infringement notices (PINs) to offenders. The PINs revenue is then paid into Commonwealth, Consolidated Revenue, and the Commonwealth subsequently reimburses the ALCs for their parking enforcement costs, up to the amount of PIN revenue collected.
It was intended that the Regulations would only be applied as an interim measure until arrangements could be implemented to apply State or Local Government regulatory regimes. As a consequence, the Department advised bidders for the 14 airports to be sold in the Phase 2 sales process in 1998 that the Commonwealth's parking regime would not be made available for these airports, as there was ample time in the lead up to the Phase 2 sales for State/Local Government landside vehicle regimes to be implemented.
ISSUES
The Government's attempt to replace the above mentioned interim regulations with local government regimes has not proven viable. Because of the Constitutional requirement that PINs be paid to the Commonwealth, the reimbursement of ALCs for their costs of carrying out parking enforcement at airports would require firstly a PINs revenue appropriation from the Commonwealth to State Governments, followed by an appropriation from State Governments/local councils. While there are no barriers to establishing appropriations to State governments/local councils, the States are not prepared to establish such an appropriation from themselves to ALCs. Therefore it has not been possible to make arrangements for ALCs to receive PINs revenue, a major disincentive from their perspective. Also, having examined airport parking requirements from a broader perspective, the States and all but one local council (the City of West Torrens, in whose jurisdiction Adelaide Airport is located), have taken the position that the Commonwealth should keep responsibility for landside vehicle parking at its Federal airport sites.
The introduction of the Australian Road Rules (ARR) has resulted in a need to update the Regulations. It is appropriate that the Commonwealth implements these rules at Commonwealth sites, such as the leased Federal airports, because they represent a national approach which all States and Territories have agreed to adopt. Failure to adopt the ARR in the Regulations would result in a lack of uniformity not only between the parking regimes of airports but also between on-airport and off-airport parking enforcement regimes, with potential implications for competitive neutrality; and would not meet the Airports Act objective to "facilitate the comparison of airport performance in a transparent manner".
The Regulations as they stand provide for a single level of fine ($66) for all parking infringements, regardless of significant differences in the severity of parking offences. Thus offences with significant adverse impacts on human safety or amenity, such as parking on or near a pedestrian crossing or in a disabled parking zone, are subject to the same penalty as infringements with minor impacts.
Over a considerable period of time, starting from when Federal airports were owned and operated by the Federal Airports Corporation, and extending through to the present, public concerns have been raised that airport operators may exploit their parking enforcement powers. These concerns have been raised through correspondence to Ministers, complaints to airport operator companies, and at such for a as Senates Estimates Committee hearings. A key concern is that ALCs with parking enforcement powers could unjustifiably impose parking fines on the public, with excessive penalties and without appropriate mechanisms to hold the ALCs accountable to the public for their actions. Such concerns have been raised at a recent Senate Estimates Committee hearing.
OBJECTIVES
While the objectives for the parking regime are not stated explicitly in the Airports Act or Regulations, the following objectives of the Act (Section 3) provide broad guidance:
(b) "to establish a system for the regulation of airports that has due regard to the interests of airport users and the general community;
(c) to promote the efficient and economic development and operation of airports;
(d) to facilitate the performance of airport performance in a transparent manner;".
From the objectives of the Act, and from a consideration of other Commonwealth policy objectives, the Department has formulated the following specific objectives for parking enforcement at Federal airports:
• To achieve a stronger, more reliable and uniform parking enforcement regime by providing the means for all major leased Federal airports to have the same legislative basis for undertaking parking enforcement activities;
• To put in place a tiered penalty system to address variations in the severity of parking offences committed at airports, in order to provide the appropriate disincentives for such offences and thereby to protect the public interest at airports in terms of the safety and amenity of the travelling public and businesses using the airport; and
• To address public concerns about unjust parking enforcement at airports by strengthening the ALCs' public accountability for their parking enforcement activities.
OPTIONS
Option 1: Status Quo
This option involves the four major leased Federal airports (Brisbane, Sydney, Melbourne and Perth) currently under the existing parking regime remaining under that regime; while the other airports are left to their own devices to establish a parking enforcement regime by either making arrangements with local or State authorities, or relying on their property rights to exclude offenders from the airport site.
Option 2: proposed amendments to the existing regulatory regime
Under this option, the Regulations would be amended to:
• Allow other major leased Federal airports (Coolangatta, Townsville and Hobart) to opt in to the regulatory regime
• give authority to ALCs to undertake parking enforcement activities on behalf of the Commonwealth
• provide for a differentiation in fine levels by applying the seven categories of offence levels provided for in the Australian Road Rules
• strengthen the ALCs' public accountability by requiring them to:
• adhere to Standard Operating Procedures and Parking Signage Plans
• report to the Department on their parking enforcement activities
• sign fixed price contracts with ALCs for the collection of parking fines, the remittance to the Commonwealth of fine revenue, and the Commonwealth's reimbursement of ALCs for their parking enforcement costs. The contracts with ALCs will be based on standard Commonwealth Government service contracts, and will be subject to annual review. There is a strong incentive for ALCs to sign the contracts, as without the contract the ALC would not be able to derive enforcement powers under the Regulations
• provide for consistency between airport parking regimes and between off-airport parking regimes by providing for the application of the relevant Australian Road Rules to Federal airport sites.
ASSESSMENT OF IMPACTS
The main groups affected by parking enforcement at Federal airports are the airport operator companies themselves, and the various groups using airport services, namely the travelling public and businesses using airport facilities, such as air freight, hire car, taxi cab and other public transport companies. The following analysis is an assessment of the impacts of Options 1 and 2 on these groups.
option 1
Benefits
This options incurs lower administrative costs than Option 2, as there are less airports under the Commonwealth regulatory regime and therefore less demand on the Department's resources dedicated to monitoring the ALCs' exercise of powers under the Regulations, and processing and monitoring the remittance of PINs revenue and reimbursement of parking enforcement costs.
Costs
Under this option, the majority of ALCs' attempts to enforce parking rules remain without legislated authority, and with inadequate support from state or local government authorities. These ALCs have also indicated a reluctance to draw on their property rights for parking enforcement. They consequently have no capacity to enforce parking rules at their airports in an efficient and effective manner, and this results in the following costs on the travelling public and businesses using their airport:
• higher incidence of inappropriate parking practices resulting in safety hazards, eg parking at or near pedestrian crossings; and
• inconvenience to the public and to businesses using airport facilities from the abuse of existing parking facilities (eg abuse of short term parking located near passenger terminals).
The absence of strengthened accountability arrangements under the existing Regulations leaves the way open for the four currently authorized airports to abuse their enforcement powers to increase parking fine revenue.
The major airports not currently authorised under the Regulations are not able to efficiently control vehicle parking practices. This in turn reduces the amenity of air travellers and other airport users. In addition, these airports cannot be reimbursed by the Commonwealth for any attempts at parking enforcement on their airports, thereby facing higher operating costs.
Failure to apply the relevant Australian Road Rules to parking at all Federal airports would result in inconsistency between airports and with off-airport parking enforcement regimes.
Option 2
Benefits
This option would give all major leased Federal airports the opportunity to undertake parking enforcement activities. without having to rely on their property rights or the support of state or local government authorities. ALCs' enhanced capacity to enforce parking rules would provide benefits to the ALCs themselves, to the travelling public and to businesses using airports in terms of improved road safety, fewer disruptions to landside traffic flows, and enhanced availability of appropriate parking.
The strengthening of accountability arrangements under the Regulations will minimise the possibility of airports exploiting their enforcement powers to increase their parking fine revenue.
Application of the Australian Road Rules to parking at all Federal airports will achieve consistency in parking enforcement regimes between airports and with offairport parking enforcement regimes, and would also meet the Airports Act objective of facilitating the comparison of airport performance in a transparent manner.
While the contracts will ensure that ALCs cannot profit from their parking enforcement activities (under the contracts ALCs cannot be reimbursed in excess of their reasonable enforcement costs), those ALCs currently not authorised under the Regulations will derive benefit by receiving reimbursement from the Commonwealth where previously there was none for enforcing sensible parking restrictions.
This option will be implemented at no cost to the Commonwealth budget.
Costs
This option will result in higher fines being imposed on persons committing serious parking offences at airports (these higher fine levels would be comparable with State parking fines imposed in areas located off-airport). However, these costs will be offset by the reduction in the externalities such offenders impose on other airport users.
Implementation of this option would result in higher administrative costs than Option 1, as there would be more airports under the Commonwealth regulatory regime and therefore greater demand on the Department's resources dedicated to monitoring the ALCs' exercise of powers under the Regulations, and processing and monitoring the remittance of PINs revenue and reimbursement for parking enforcement costs. However, as the Commonwealth is now required to focus on implementing viable long term parking enforcement arrangements, improved accountability requirements placed on ALCs is a necessary public policy cost.
CONSULTATION
The Department has consulted widely with ALCs, State and local government authorities.
The ALCs consulted were those with leases of Sydney, Brisbane, Perth, Melbourne, Adelaide, Darwin, Canberra, Hobart, and Townsville Airports. The lessees of Sydney, Brisbane, Perth, Melbourne, Hobart, and Townsville Airports all expressed dissatisfaction with the current parking enforcement arrangements (Option 1) and support for adoption of the proposed amendments (Option 2). The lessees of Adelaide, Darwin, and Canberra Airports prefer to stay with the satisfactory parking enforcement arrangements they have established with local government authorities.
ALCs have taken into account the views of the travelling public and businesses using their airports, and indicate that these groups would benefit from the adoption of the approach presented under Option 2.
Authorities from all State Governments and local government authorities with jurisdictions bordering the above mentioned airports were consulted. Apart from the West Torrens Council and the Northern Territory, ACT and South Australian Governments, all other State and local government authorities expressed the view that parking enforcement at leased Federal airports should remain a Commonwealth responsibility.
CONCLUSION
The Department considers that the proposed amendments to the Regulations, put forward as Option 2 above, would result in manageable administrative costs but a much more efficient and effective parking enforcement regime, thereby benefiting the ALCs, the travelling public and businesses using airport facilities. Furthermore, Option 2 would meet the above mentioned objectives for parking enforcement to a greater extent than Option 1.
IMPLEMENTATION AND REVIEW
Arrangements have already been made for the review of the Airports Act regulatory regime within the first 5 years of its introduction, and the proposed amendments to the Regulations will be reviewed as part of that regulatory regime.
The contracts with airport operator companies provided for in the proposed Regulations will also provide an opportunity for annual review of aspects of the parking regime.