Commonwealth Numbered Regulations - Explanatory Statements

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AIRPORTS REGULATIONS (AMENDMENT) 1997 NO. 113

STATUTORY RULES 1997 No. 113

Issued by the Authority of the Minister for Transport and Regional Development

Airports Act 1996

Airports Regulations (Amendment)

Section 252 of the Airports Act 1996 (the Act) provides that the Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Section 33 of the Act, as amended by the Aviation Legislation Amendment Act (No. 1) 1997, inter alia, provides that an airport-lessee company must not enter into an airport-management agreement, or vary the agreement, unless the agreement, or variation, is approved by the Minister. In making a decision the Minister must have regard to those matters specified in the regulations.

Subsection 34(1) of the Act provides that regulations may prohibit specified kinds of subleases of an airport lease. Subsection 35(1) of the Act provides that regulations may prohibit specified kinds of licences relating to an airport lease.

Paragraphs 71(2)(j) and (3)(j) of the Act provide that airport master plans must specify certain matters, including "such other matters (if any) as are specified in the regulations".

The Amendment is being made to deal with concerns of the Regulations and Ordinances Committee of the Senate and as a consequence of recent changes to the Act.

The Amendment to the Regulations:

*       makes a technical correction to correct a typographical error (Item 2);

*       makes a new regulation 2.03 which sets out the matters the Minister must take into account when deciding to approve an airport-management agreement under section 33 of the Act (eg whether the agreement provides for the exchange of financial information) (Item 3);

*       provides for appeal to the Administrative Appeals Tribunal by a State or Territory government or an authority of a State or Territory government against the Secretary's decision under subregulation 2.04(1)(g) and (2)(g) to approve a sublease or licence to such a government or authority (Item 4);

*       specifies that the contents of an airport master plan must include, amongst other things, the predicted changes to the OLS and PANS OPS Surfaces and any soil pollution report required under regulation 6.07 of the Airports (Environment Protection) Regulations (Item 5).

Detail of the amendments to the Regulations are set out in the attachment.

The amendments to the Regulations commenced upon notification in the Gazette.

Attachment

Airports Regulations (Amendment)

Item 2

Item 2 makes a minor technical amendment to Regulation 1.03 to clarify that the regulation refers to Schedule 1 which lists the titles that comprise the airport sites of Melbourne (Tullamarine) Airport, Brisbane Airport and Perth Airport.

Item 3

Item 3 inserts a new regulation 2.03 which specifies the matters that must be considered when the Minister approves an airport-management agreement or variation to an airportmanagement agreement. Paragraphs 2.03(1)(a),(d) and (e) deal with the terms upon which an airport management agreement is terminated and is designed to ensure that, in the event that an airport-management agreement is terminated, there is an ability to continue managing and operating the airport with minimal difficulty. Paragraphs 2.03(b) and (c) are designed to ensure that if the airport-lease is terminated, then the Commonwealth has the option to take over an airport-management agreement but is only liable to any charges or liabilities incurred which relate to the period it is a party to the novated agreement. Paragraph 2.03(2)(f) provides that there must be sufficient exchange of financial information between the airport-lessee company and the airport-management company to enable the airport-lessee company to fulfil its reporting obligations under Part 7 of the Act.

Subregulation 2.03(2) defines "assets" for the purposes of paragraph 2.03(1)(a).

Item 4

Item 4 inserts a new regulation 2.05 which provides that a person dissatisfied with the Secretary's decision to approve a sublease or licence to a State or Territory government or an authority of a State or Territory government under paragraphs 2.04(1)(g) and (2)(g) may appeal to the Administrative Appeals Tribunal.

Item 5

Item 5 inserts a new subregulation 5.02(1) which requires a master plan:

*       to specify predicted changes to the PANS-OPS Surfaces and OLS for an airport as result of the development of the airport in accordance with the master plan. (This requirement links to the Airports (Protection of Airspace) Regulations assisting the Secretary in determining under those Regulations, whether or not to protect airspace around an airport in the interests of the safety, efficiency or regularity of future air transport operations into or out of that airport. The terms "PANS OPS Surfaces" and "OLS" are defined in those regulations); and

*       to include the contents of any soil pollution report under regulation 6.09 of the Airport (Environment Protection) Regulations, required under subregulation 6.07(2) of those regulations, before a land use under the master plan is changed to one that is likely to have a greater impact on the environment.