Air Navigation (Charges) Regulations (Cth)

Air Navigation (Charges) Regulations

Statutory Rules 1985 No. 130 as amended

made under the

Air Navigation (Charges) Act 1952

This compilation was prepared on 22 July 2004

taking into account amendments up to SR 1992 No. 253

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

      1Citation [see Note 1]

 These Regulations may be cited as the Air Navigation (Charges) Regulations.

2Interpretation

• (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.

  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.

  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 Schedule.

  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.

  weight, in relation to an aircraft, means the weight set out in the certificate of airworthiness of, or the flight manual for, the aircraft as the maximum take-off weight.

• (2)

  Unless the contrary intention appears, words and expressions used in these Regulations that are used in the Civil Aviation Act 1988 or the Civil Aviation Regulations have the same meanings as they have in that Act, or those Regulations, respectively.

2BPrescribed circumstances in relation to remission or refund of charges

• (1)

  For the purposes of section 5A of the Act, each of the following circumstances is a prescribed circumstance in relation to the authorization by the Minister, the Secretary or an officer of the Department authorized by the Secretary to act under that section, of a remission or refund of the whole or part of any penalty or charge due and payable under the Act, namely:

  • (a)

    in respect of a penalty in relation to a charge, or a charge, or both:

    • (i)

      that a chartered civil aircraft is, in the course of an official visit, conveying a Royal person, a Head of State or a Government Minister;

    • (ii)

      that an aircraft is diverted from its planned flight route by reason of being hijacked;

    • (iii)

      that an aircraft is operated as a Commonwealth aircraft;

    • (iv)

      that a flight is made by a chartered aircraft for the purposes of the Defence Force or the armed forces of another country;

    • (v)

      that a flight is made in the course of testing an aircraft or equipment relating to an aircraft;

    • (vi)

      that a flight is undertaken in connection with the issue or renewal of a certificate of airworthiness;

    • (vii)

      that a flight is made solely for humane or charitable purposes or in relation to emergency services; and

    • (viii)

      that an aircraft has used an aerodrome, or facilities have been provided, or a service made available, relating to an aerodrome, pursuant to an arrangement referred to in regulation 16.

• (2)

  For the purposes of section 5A of the Act, the following circumstance is a prescribed circumstance in relation to the authorization by the Minister, the Secretary or an officer of the Department authorized by the Secretary to act under that section, of a remission or refund of the whole or part of any penalty due and payable under the Act, namely, that by reason of administrative error or omission, or undue delay in the transmission of documents, it would be unjust to enforce payment of the penalty.

12Landing charges

• (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 referred to in Column 2 of an item in the Schedule a charge calculated at the rate per 1,000 kilograms weight specified in Column 4 of the item in that Schedule.

• (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 kilograms weight specified in Column 4 of an item in the Schedule shall, in the case where the weight applicable in relation to the charge includes any part of 1,000 kilograms, be read, in respect of that part, as a charge calculated at that rate on a pro rata basis.

13Landing charges – by whom payable

 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.

16Special arrangements for use of aerodromes

• (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.

• (3)

  Where an authorized officer enters into an arrangement, a charge is payable in relation to providing facilities or services to which the arrangement relates as determined under subregulation (5).

• (4)

  A charge in relation to an arrangement is payable by:

  • (a)

    in the case of an arrangement entered into by the pilot in command, owner or operator of an aircraft to which landing charges are applicable — by the person liable in respect of such landing charges; or

  • (b)

    in any other case — by the person entering into the arrangement.

• (5)

  The amount of a charge in relation to an arrangement shall be an amount, as determined by the Secretary or an authorized officer, not greater than the estimated cost of making provision for the arrangement.

• (6)

  Where an arrangement is entered into to provide facilities or services in relation to an aircraft to which landing charges are applicable, landing charges are not payable in relation to that aircraft in respect of any landing under the arrangement, but the amount of a charge in relation to the arrangement shall be not less than the amount of landing charges that would be payable in respect of that aircraft if those facilities or services were provided for use by that aircraft otherwise than under such an arrangement.

21Evidence

 For the purposes of establishing liability to charges under the Act, a document referred to in subregulation 12 (5), or a microfilmed copy of such a document, is evidence of the matters comprised in the document in relation to the movements of an aircraft.

23Recovery of charges

 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.

24Assignment of liability

• (1)

  A person by whom a charge is payable in relation to an aircraft under these Regulations (in this regulation called the debtor) may, subject to this regulation, assign to another person his or her liability in respect of that charge.

• (2)

  A person is not entitled to make an assignment except where the period of assignment specified in the assignment is a period exceeding 30 days.

• (3)

  An assignment:

  • (a)

    shall be made in writing and lodged with the Secretary;

  • (b)

    shall state the period for which the assignment is specified to have effect;

  • (c)

    shall be signed by the debtor and the assignee; and

  • (d)

    shall contain the following particulars:

    • (i)

      the name of the holder of the certificate of registration, or airline licence holder, as the case may be, in respect of the aircraft to which the assignment relates;

    • (ii)

      the full name of the assignee and his or her address for service in respect of accounts under the assignment; and

    • (iii)

      the registration mark of the aircraft.

• (4)

  An assignment shall have no effect unless:

  • (a)

    not later than 7 days after the day on which the assignment is expressed to come into operation, a form of assignment completed in accordance with subregulation (3) is lodged with the Secretary; and

  • (b)

    before the day for payment specified in an invoice issued by the Secretary or an authorized officer relating to the charge to which the assignment relates, that form of assignment has been approved by the Secretary or an authorized officer.

Schedule

(subregulation 12 (2))

  

Column 1 Item	Column 2 Aerodrome	Column 3 State or Territory	Column 4 $ per 1,000 kilograms weight
1.	ALPHA	QLD	7.00
2.	ATHERTON	QLD	7.00
3.	BALLARAT	VIC	7.00
4.	BREWARRINA	NSW	7.00
5.	BUNDABERG	QLD	7.00
6.	CARNARVON	WA	14.00
7.	CLONCURRY	QLD	7.00
8.	COBAR	NSW	7.00
9.	COOTAMUNDRA	NSW	7.00
10.	COROWA	NSW	7.00
11.	CUE	WA	14.00
12.	CURTIN	WA	14.00
13.	DAJARRA	QLD	7.00
14	DERBY	WA	14.00
15.	FITZROY CROSSING	WA	14.00
16.	FLINDERS ISLAND	TAS	14.00
17.	FORREST	WA	14.00
18.	GILGANDRA	NSW	7.00
19.	GLEN INNES	NSW	7.00
20.	GOODOOGA	NSW	7.00
21.	GOONDIWINDI	QLD	7.00
22.	GRIFFITH	NSW	4.50
23.	GUNNEDAH	NSW	7.00
24.	IVANHOE	NSW	7.00
25.	KEMPSEY	NSW	7.00
26.	KING ISLAND	TAS	14.00
27.	LATROBE VALLEY	VIC	7.00
28.	LEARMONTH	WA	13.20
29.	LEONORA	WA	7.00
30.	LOCKHART RIVER	QLD	14.00
31.	LONGREACH	QLD	14.00
32.	LORD HOWE ISLAND	NSW	7.00
33.	MALLACOOTA	VIC	14.00
34.	MARBLE BAR	WA	14.00
35.	MARYBOROUGH	QLD	7.00
36.	MARYBOROUGH	VIC	7.00
37.	MEEKATHARA	WA	14.00
38.	MONTO	QLD	7.00
39.	MOREE	NSW	7.00
40.	MOUNT MAGNET	WA	14.00
41.	MUDGEE	NSW	7.00
42.	MULLEWA	WA	7.00
43.	NEWCASTLE	NSW	9.00
44.	NORSEMAN	WA	7.00
45.	NULLAGINE	WA	14.00
46.	OAKEY	QLD	14.00
47.	ONSLOW	WA	8.00
48.	ORANGE	NSW	3.10
49.	ORBOST	VIC	7.00
50.	PARKES	NSW	7.00
51.	POONCARIE	NSW	7.00
52.	ROMA	QLD	7.00
53.	ROTTNEST ISLAND	WA	7.00
54.	SCHOFIELDS	NSW	14.00
55.	SEA LAKE	VIC	7.00
56.	SMITHTON	TAS	7.00
57.	SOUTHERN CROSS	WA	7.00
58.	TEMORA	NSW	7.00
59.	THURSDAY ISLAND	QLD	14.00
60.	TINDAL	NT	14.00
61.	TOORAWEENAH	NSW	7.00
62.	TOOWOOMBA	QLD	7.00
63.	WARRACKNABEAL	VIC	7.00
64.	WHITE CLIFFS	NSW	7.00
65.	WILCANNIA	NSW	7.00
66.	WILUNA	WA	7.00
67.	WITTENOOM	WA	14.00
68.	WOLLONGONG	NSW	7.00
69.	WONDAI	QLD	7.00
70.	WYCHEPROOF	VIC	7.00
71.	WYNDHAM	WA	14.00
72.	YOUNG	NSW	7.00

Notes to the Air Navigation (Charges) Regulations

Note 1

The Air Navigation (Charges) Regulations (in force under the Air Navigation (Charges) Act 1952) as shown in this compilation comprise Statutory Rules 1985 No. 130 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 1 August 1992 is not included in this compilation. For subsequent information see Table A.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1985 No. 130	28 June 1985	1 July 1985 (see Gazette 1985, No. S231)
1985 No. 330	12 Dec 1985	12 Dec 1985	—
1986 No. 14	13 Feb 1986	13 Feb 1986	—
1986 No. 169	30 June 1986	1 July 1985 (see Gazette 1985, No. S231)	R. 6
1986 No. 211	20 Aug 1986	20 Aug 1986	—
1987 No. 71	6 May 1987	6 May 1987	R. 6
1987 No. 131	25 June 1987	1 July 1987	R. 19
1987 No. 327	22 Dec 1987	1 Jan 1988	—
1988 No. 162	30 June 1988	1 July 1988	—
1989 No. 353	7 Dec 1989	7 Dec 1989	—
1991 No. 5	22 Jan 1991	1 Feb 1991	—
1991 No. 237	31 July 1991	1 Aug 1991	—
1991 No. 427	19 Dec 1991	1 Feb 1992	—
1992 No. 60	5 Mar 1992	1 Feb 1992	—
1992 No. 253	29 July 1992	1 Aug 1992	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 2.........................................	am. 1986 No. 169; 1987 Nos. 71 and 131
rs. 1988 No. 162
am. 1989 No. 353; 1991 No. 5
R. 2AA....................................	ad. 1987 No. 131
am. 1988 No. 162
rep. 1991 No. 5
R. 2A.......................................	ad. 1986 No. 14
rs. 1987 No. 71
am. 1987 No. 131
rep. 1988 No. 162
R. 2B.......................................	ad. 1986 No. 169
am. 1987 Nos. 71 and 131
Rr. 3–5....................................	rep. 1988 No. 162
R. 6.........................................	am. 1985 No. 330
rep. 1988 No. 162
R. 7.........................................	rep. 1988 No. 162
R. 8.........................................	am. 1986 No. 169
rep. 1988 No. 162
Rr. 9–11.................................	rep. 1988 No. 162
R. 12.......................................	ad. 1986 No. 169
am. 1987 No. 131
rs. 1988 No. 162
am. 1989 No. 353; 1991 Nos. 5 and 427
R. 12A....................................	ad. 1986 No. 211
am. 1987 No. 131; 1988 No. 162; 1989 No. 353
rep. 1991 No. 5
R. 13.......................................	ad. 1986 No. 169
rs. 1987 No. 131; 1988 No. 162
R. 14.......................................	ad. 1986 No. 169
rep. 1987 No. 131
R. 15.......................................	ad. 1986 No. 169
rep. 1988 No. 162
R. 16.......................................	ad. 1986 No. 169
am. 1987 Nos. 71 and 131; 1988 No. 162; 1989 No. 353
Rr. 17, 18...............................	ad. 1986 No. 169
am. 1987 No. 131
rep. 1988 No. 162
R. 19............................................. .............................................	ad. 1986 No. 169
am. 1987 No. 71
rep. 1988 No. 162
R. 20.......................................	ad. 1986 No. 169
rep. 1987 No. 131
R. 21.......................................	ad. 1986 No. 169
am. 1988 No. 162
R. 22.......................................	ad. 1986 No. 169
am. 1987 No. 131
rep. 1988 No. 162
R. 23.......................................	ad. 1986 No. 169
am. 1987 No. 71
rs. 1988 No. 162
R. 24.......................................	ad. 1987 No. 131
am. 1988 No. 162
Heading to Schedule............	rep. 1986 No. 169
Heading to Schedule 1........	ad. 1986 No. 169
Schedule 1.............................	rep. 1988 No. 162
Schedule 2.............................	ad. 1986 No. 169
rep. 1991 No. 5
Schedule 3.............................	ad. 1986 No. 169
rep. 1988 No. 162
Schedule 4.............................	ad. 1986 No. 169
am. 1987 No. 131
rep. 1988 No. 162
Schedule 5.............................	ad. 1987 No. 131
am. 1987 No. 327
rep. 1988 No. 162
Schedule................................	ad. 1991 No. 5
rs. 1991 Nos. 237 and 427
am. 1992 No. 60
rs. 1992 No. 253