Airports Regulations (Amendment) (Cth)

Statutory Rules 1997No. 113 1

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Airports Regulations2 (Amendment)

I, 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 14 May 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN SHARP

Minister for Transport and Regional Development

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1.   Amendment

1.1   The Airports Regulations are amended as set out in these Regulations.

[Note: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 1.03 (Airport sites)

2.1   Paragraphs 1.03 (a), (b) and (c):

Omit “that Schedule”, substitute “Schedule 1”.

3.   Regulation 2.03 (Grounds for refusing to approve an airport-management company)

3.1   Omit the regulation, substitute:

Grounds for refusing to approve an airport-management agreement or variation of an agreement

 “2.03.(1)For paragraphs 34 (4C) (a) and (4F) (a) of the Act, the matters are whether the agreement or the agreement as varied:

• (a)

  gives the airport-lessee company an option to purchase the assets of the airport-management company:

  • (i)

    when the agreement is terminated; or

  • (ii)

    if, under the Corporations Law, the airport-management company goes into liquidation or is wound up or if a liquidator is appointed (whether the liquidation is voluntary, provisional or otherwise and whether or not the liquidator is appointed provisionally or otherwise); and

• (b)

  provides that, if the airport lease is terminated for any reason, the Minister may direct that the Commonwealth, or a person nominated by the Minister, is taken to be substituted for the airport-lessee company as a party to the agreement; and

• (c)

  provides that, if the airport lease is terminated for any reason, and if the Minister gives a direction referred to in paragraph (b), the agreement continues to have effect according to its terms, except that:

  • (i)

    the Commonwealth or person nominated by the Minister is to be taken to be a party to the agreement in the place of the airport-lessee company; and

  • (ii)

    the Commonwealth or person nominated by the Minister is not liable under the agreement for liabilities arising before the Commonwealth or person is taken to have become a party to it; and

  • (iii)

    the Commonwealth or person may terminate the agreement at any time, subject to the payment of fair and reasonable compensation; and

• (d)

  provides that the airport-lessee company may not terminate the agreement unless it gives the Secretary written notice, at least 21 days before the intended date of the termination, of its intention to do so, and gives the Secretary any information that the Secretary reasonably requires about the termination; and

• (e)

  either:

  • (i)

    provides that the airport-lessee company may terminate the agreement only upon reasonable notice and for reasonable cause; or

  • (ii)

    does not provide that the airport-lessee company may terminate the agreement at any time without cause; and

• (f)

  provides for financial information to be given by the airport-management company to the airport-lessee company to enable the airport-lessee company to comply with Part 7 of the Act (relating to accounts and reports).

 “(2) In paragraph (1) (a):

‘assets’ of an airport-management company includes:

• (a)

  non-fixed plant and equipment, vehicles, machinery, office equipment, or computer systems owned by the airport-management company and used exclusively at, or in relation to, the airport concerned; and

• (b)

  any interest of the airport-management company as lessee or bailee of equipment referred to in paragraph (a); and

• (c)

  any interest of the airport-management company in a contract for the supply of goods and services for use at, or in relation to, the airport; and

• (d)

  any other tangible personal property of the airport-management company used in connection with the management, operation or maintenance of the airport; and

• (e)

  any interest of the airport-management company in intellectual property including computer software, or any right of the airport-management company to use computer software, in connection with the management, operation or maintenance of the airport.”.

4.   New regulation 2.05

4.1   After regulation 2.04, insert:

AAT review of decisions

 “2.05. Application may be made under the Administrative Appeals Tribunal Act 1975 to the Administrative Appeals Tribunal for review of a decision of the Secretary under paragraph 2.04 (1) (g) or (2) (g) not to approve a sublease or licence to a State or Territory government or an authority of a State or Territory government.”.

5.   Regulation 5.02 (Contents of draft or final master plan)

5.1   Subregulation 5.02 (1):

Omit the subregulation, substitute:

 “5.02.(1)For paragraphs 71 (2) (j) and (3) (j) of the Act, the following matters are specified:

• (a)

  any change to the OLS or PANS-OPS surfaces for the airport concerned that is likely to result if development proceeds in accordance with the master plan;

• (b)

  for an area of an airport where a change of use of a kind described in subregulation 6.07 (2) of the Airports (Environment Protection) Regulations is proposed:

  • (i)

    the contents of the report of any examination of the area carried out under regulation 6.09 of those Regulations; and

  • (ii)

    the airport-lessee company’s plans for dealing with any soil pollution referred to in the report.”.

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NOTES

1.   Notified in the Commonwealth of Australia Gazette on 21 May 1997.

2.   Statutory Rules 1997 No. 8 as amended by 1997 Nos. 103 and 104.