Air Navigation (Charges) Regulations (Amendment) (Cth)
I, THE GOVERNOR-GENERAL of the
Commonwealth of Australia, acting with the advice of the Federal Executive
Council, hereby make the following Regulations under the
Dated 30 June 1988.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
Gareth Evans
Minister of State for Transport
and Communications
“2. (1) In these Regulations:
‘Air Operator’s Certificate’ means an Air Operator’s Certificate issued under the
Civil Aviation Act 1988 ;‘Authority’ means the Civil Aviation Authority;
(S.R. 184/88)—Cat. No. 16/23.6.1988
‘authorized officer’ means an officer of the Department or of the Authority authorized in writing by the Secretary for the purposes of the provision in which the expression occurs;
‘Avtur aircraft’ means aircraft powered by an engine or engines using aviation turbine kerosene;
‘high-capacity aircraft’ means an aircraft:
(a) the maximum seating capacity of which exceeds 38 passengers seats, or such greater seating capacity as is for the time being declared by the Minister by notice published in the
Gazette to be the relevant seating capacity for the purposes of this definition; or(b) the maximum payload of which exceeds 4,200 kilograms, or such greater payload as is for the time being declared by the Minister by notice published in the
Gazette to be the relevant payload for the purposes of this definition;‘international operation’ means an operation that involves departure from a point outside Australia or arrival at a point outside Australia;
‘landing charge’ means a charge payable under regulation 12 in respect of the use by an aircraft of an aerodrome as referred to in Column 2 of an item in the table at the foot of subregulation 12 (2);
‘registration mark’, in relation to an aircraft, means:
(a) in the case of an Australian aircraft—the mark assigned to the aircraft under the Civil Aviation Regulations; and
(b) in the case of a foreign aircraft—the registration mark assigned to the aircraft under a law of the place where the aircraft is registered;
‘the Act’ means the
Air Navigation (Charges) Act 1952.
“(2) Unless the
contrary intention appears, words and expressions used in these Regulations
that are used in the
“12. (1) This regulation applies in relation to each landing of an Avtur aircraft.
“(2) Subject to this regulation and regulation 16, there is payable in respect of an aircraft landing at an aerodrome of a kind referred to in Column 2 of Item 1 or 2 in the table at the foot of this subregulation a charge calculated at the rate per 1,000 kilogrammes specified in Column 3 of whichever of those items is applicable.
Column 1 | Column 2 | Column 3 | Column 4 |
Item No. | Aerodrome | Rate per 1,000 kilogrammes | Minimum charge |
$ | $ | ||
1 | Aerodrome maintained, operated or provided by the Commonwealth........................................................... | 4.66 | 7.00 |
2 | 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.................. | 2.33 | 3.50 |
“(3) Where, in relation to an aerodrome referred to in Column 2 of an item in the table at the foot of subregulation (2), the charge in respect of an aircraft, calculated in accordance with that subregulation, amounts to less than the minimum charge specified in Column 4 of that item, the charge payable is that minimum charge.
“(4) Where, in the course of a training flight by an aircraft referred to in subregulation (1), circuit training is conducted, there is payable in respect of the use of the aerodrome by the aircraft, in relation to each approach of the aircraft to a runway at the aerodrome to which that training relates, an amount in respect of charges that is equal to 25% of the amount of charges applicable, in accordance with this regulation, to each landing of the aircraft.
“(5) For the purposes of establishing liability to landing charges referred to in this regulation, a flight by an aircraft may be identified by documentation that includes:
(a) a flight strip summary, being a document known by that description issued by the Authority for the purpose of enabling officers of the Authority to compile records of aircraft movements in relation to aerodromes;
(b) messages extracted from the message switching system known as the Aeronautical Fixed Telecommunication Network as referred to in Annex 10 to the Chicago Convention as in force at the commencement of these Regulations;
(c) the flight plan submitted to Air Traffic Control by the pilot in command of the aircraft; and
(d) an invoice referred to in regulation 24, being an invoice containing a printout of computerised records of each flight to which the invoice relates.
“(6) In this regulation:
(a) ‘approach’, in relation to circuit training, means a planned descent by an aircraft on to, or to the immediate proximity of, a runway at an aerodrome, whether or not the aircraft lands on, or touches, the runway;
(b) ‘circuit training’, in relation to a training flight, means training involving separate approaches by an aircraft to a runway at an aerodrome;
(c) a reference to a training flight shall be read as a reference to a flight made solely for or in connection with the training or testing of a person as a member of the flight crew of an aircraft; and
(d) a reference to a charge calculated at a rate per 1,000 kilogrammes specified in Column 3 of an item in the table at the foot of sub-regulation (2) shall, in the case where the weight applicable in relation to the charge includes any part of 1,000 kilogrammes, be read, in respect of that part, as a charge calculated at that rate on a pro rata basis.”.
(a) by omitting from subregulation (1) “airline licence (other than an international airline licence)” and substituting “Air Operator’s Certificate authorising the conduct of regular public transport operations that are not international operations”;
(b) by omitting from subregulation (2) “1988” and substituting “1989”.
“13. Landing charges in respect of the landing of an aircraft are payable:
(a) if the aircraft is a high-capacity aircraft that is authorized under an Air Operator’s Certificate to engage in regular public transport operations that are not international operations—by the holder of the Air Operator’s Certificate;
(b) if the aircraft is authorized under an Air Operator’s Certificate to engage in regular public transport operations, or charter operations, that are international operations—by the holder of the Air Operator’s Certificate;
(c) if the aircraft is an Australian aircraft other than an aircraft referred to in paragraph (a) or (b)—by the holder of the certificate of registration in respect of the aircraft; or
(d) if the aircraft is a foreign aircraft other than an aircraft referred to in paragraph (a) or (b)—by the owner of the aircraft.”.
(a) by omitting subregulation (1) and substituting the following subregulation:
“(1) Where aerodrome facilities or services (not being air route or airway facilities, meteorological services or search and rescue services) would not otherwise be provided for use by aircraft, an authorized officer may enter into an arrangement with a person for the purpose of providing those facilities or services for use by an aircraft to which the arrangement relates.”;
(b) by omitting from subregulation (3) “or making available services” and substituting “or services”;
(c) by omitting from subregulation (6) “or make available services” and “or services were made available” and substitute “or services” in each case.
“23. The amount of any charge under these Regulations becomes due and payable on the first day of the month immediately succeeding the month during which the liability in respect of the charge was incurred.”.
1. Notified in
the
2. Statutory Rules 1985 No. 130 as amended by 1985 No. 330; 1986 Nos. 14, 169 and 211; 1987 Nos. 71, 131 and 327.
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