Airports Amendment Regulations 2007 (No. 1) (Cth)

Airports Amendment Regulations 2007 (No. 1)¹

Select Legislative Instrument 2007 No. 192

I, PROFESSOR MARIE BASHIR, AC, CVO, Deputy for the Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Airports Act 1996.

Dated 28 June 2007

MARIE BASHIR

Deputy for the Governor‑General

By Her Excellency’s Command

MARK VAILE

Minister for Transport and Regional Services

Name of Regulations

These Regulations are the Airports Amendment Regulations 2007 (No. 1).

Commencement

These Regulations commence on 1 July 2007.

Amendment of Airports Regulations 1997

Schedule 1 amends the Airports Regulations 1997.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 7.02, after definition of accounts

insert

aeronautical services and facilities has the meaning given by regulation 7.02A.

[2] Regulation 7.02, after definition of financial statements

insert

non‑aeronautical services and facilities means services and facilities provided at an airport that are not aeronautical services and facilities.

specified airport means an airport specified by regulation 7.02B.

[3] After regulation 7.02

insert

7.02AMeaning of aeronautical services and facilities

(1)For this Part, aeronautical services and facilities means those services and facilities at an airport that are necessary for the operation and maintenance of civil aviation at the airport, and includes each service or facility that is :

(a)mentioned in an item in Table 1 (aircraft‑related); or

(b)mentioned in an item in Table 2 (passenger‑related).

Table 1Aircraft‑related services and facilities

Item	Services and facilities
1	Runways, taxiways, aprons, airside roads and airside grounds
2	Airfield and airside lighting
3	Aircraft parking sites
4	Ground handling (including equipment storage and refuelling)
5	Aircraft refuelling (including a system of fixed storage tanks, pipelines and hydrant distribution equipment known as a Joint User Hydrant Installation or JUHI)
6	Airside freight handling and staging areas essential for aircraft loading and unloading
7	Navigation on an airfield (including nose‑in guidance systems and other visual navigation aids)
8	Airside safety and security services and facilities (including rescue and fire‑fighting services and perimeter fencing)
9	Environmental hazard control
10	Services and facilities to ensure compliance with environmental laws
11	Sites and buildings used for light or emergency aircraft maintenance

Table 2Passenger‑related services and facilities

Item	Services and facilities
1	Public areas in terminals, public amenities, lifts, escalators and moving walkways
2	Necessary departure and holding lounges, and related facilities
3	Aerobridges and buses used in airside areas
4	Flight information and public‑address systems
5	Facilities to enable the processing of passengers through customs, immigration and quarantine
6	Check‑in counters and related facilities (including any associated queuing areas)
7	Terminal access roads and facilities in landside areas (including lighting and covered walkways)
8	Security systems and services (including closed circuit surveillance systems)
9	Baggage make‑up, handling and reclaiming facilities
10	Space and facilities, whether in landside or airside areas, that are necessary for the efficient handling of arriving and departing aircraft (eg airline crew‑rooms and airline operations centres)

(2)In this regulation, airside area and landside area have the respective meanings given in section 9 of the Aviation Transport Security Act 2004.

(3)To avoid doubt, aeronautical services and facilities does not include services or facilities:

(a)relating to the provision of a high‑quality service to certain passengers; or

(b)that are not necessary for the efficient operation of civil aviation.

7.02BSpecified airports (Act s 140)

For paragraph 140 (1) (a) of the Act, the following airports are specified:

(a)Adelaide Airport;

(b)Brisbane Airport;

(c)Melbourne (Tullamarine) Airport;

(d)Perth Airport;

(e)Sydney (Kingsford‑Smith) Airport.

[4] Subregulation 7.03 (1)

substitute

(1)For subsection 141 (2) of the Act, the airport‑lessee company for a specified airport must prepare, for each relevant period:

(a)consolidated accounts and financial statements, in accordance with AASB Standard No. 127 (‘Consolidated and Separate Financial Statements’) as in force for that period for itself and all airport‑management companies for the airport, as if those airport‑management companies were subsidiaries of the airport‑lessee company; and

(b)consolidated financial statements for the operations, in relation to the airport, of itself and all airport‑management companies at the airport, that separately show financial details in relation to the provision of:

(i)aeronautical services and facilities; and

(ii)non‑aeronautical services and facilities;

including the details of costs associated with maintenance (including repair) of those services and facilities.

Note The aeronautical costs and revenues to be included for an airport‑lessee company are those resulting from the provision and use of aeronautical services and facilities and which are recovered by airport operators either directly or indirectly (eg through third party suppliers, such as fuel throughput levies) from airlines.

(1A)However, subregulation (1) does not apply in relation to a passenger‑related service or facility that is located on premises in a passenger terminal if the premises are the subject of a lease (known as a ‘Domestic Terminal Lease’) that was in force when the airport lease was granted to the airport‑lessee company.

(1B)In subregulation (1A), passenger‑related service or facility means a service or facility mentioned in an item in Table 2 in subregulation 7.02A (1).

[5] Subregulation 7.03 (2)

omit

core regulated

insert

specified

[6] Subregulation 7.03 (2A)

substitute

(2A)A statement required by paragraph (2) (b) must show the financial details set out in subregulation (2B) of the company’s operations in providing aeronautical services and facilities at an airport separately from those financial details of the company’s operations in providing non‑aeronautical services and facilities at the airport.

[7] Subregulation 7.03 (4), definitions of aeronautical services, airside, landside and non‑aeronautical services

omit

[8] Regulation 7.03A

omit

[9] Subregulation 7.07 (1)

substitute

(1)For subsection 145 (1) of the Act, an airport‑operator company must report to the ACCC, for each financial year, the total average staff equivalent of the persons employed at the airport concerned with the provision of:

(a)aeronautical services and facilities; and

(b)non‑aeronautical services and facilities.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See