Airports Regulations (Amendment) (Cth)

Statutory Rules 1998 No. 97 1

__________________

Airports Regulations2 (Amendment)

I, William patrick deane, 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 20 May 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency's Command,

 

MARK VAILE

Minister for Transport and Regional Development

____________

1. Commencement

1.1 These Regulations commence on gazettal.

2. Amendment

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

3. Regulation 1.02 (Interpretation)

3.1 Insert the following definition:

"Senior Executive Service officer has the meaning given by the Public Service Act 1922.".

4. New regulation 1.02A

4.1 After regulation 1.02, insert:

Airport lease—joint-user airport

 "1.02A. For the definition of airport lease in section 5 of the Act, the leased area of a joint-user airport is the area that is the airport site for the airport.".

5. New regulation 2.01A

5.1 After regulation 2.01, insert:

Airports to which Part 2 of the Act applies

 "2.01A. For paragraph 12 (1) (b) of the Act, the following airports are specified:

• (a)

  Archerfield Airport;

• (b)

  Essendon Airport;

• (c)

  Jandakot Airport;

• (d)

  Moorabbin Airport;

• (e)

  Mount Isa Airport;

• (f)

  Parafield Airport;

• (g)

  Tennant Creek Airport.".

6. Regulation 2.04 (Prohibited kinds of subleases)

6.1 Subparagraph 2.04 (2) (a) (iii):

Omit "or" (second occurring).

6.2 Subparagraph 2.04 (2) (a) (iv):

Omit the subparagraph.

6.3 After paragraph 2.04 (2) (b), insert:

• "; (c)

  a sublease to a person as trustee of a trust.

 "(2A)Despite paragraph (2) (a), a sublease to an individual is not prohibited if the sublease is for:

• (a)

  a single site retail business; or

• (b)

  a car parking bay.".

7. Regulation 2.12 (Prohibited kinds of licences)

7.1 Subparagraph 2.12 (2) (a) (iii):

Omit "or" (second occurring).

7.2 Subparagraph 2.12 (2) (a) (iv):

Omit the subparagraph.

7.3 After paragraph 2.12 (2) (b), insert:

• "; (c)

  a licence to a person as trustee of a trust.

 "(2A)Despite paragraph (2) (a), a licence to an individual is not prohibited if the licence is for:

• (a)

  a single site retail business; or

• (b)

  a car parking bay.".

8. Regulation 2.20 (AAT review of decisions)

8.1 After "the Secretary", insert "or a delegate of the Secretary".

9. New regulation 2.21

9.1 After regulation 2.20, insert:

Delegation

 "2.21.The Secretary may, by instrument, delegate to a Senior Executive Service officer performing duties in the Department any of the Secretary's powers under this Part, other than this power of delegation.".

10. Regulation 3.27 (Delegation)

10.1 Paragraph 3.27 (b):

Omit "an officer of the Senior Executive Service", substitute "a Senior Executive Service officer".

11. New regulation 5.01A

11.1 After regulation 5.01, insert:

Airports to which Part 5 of the Act applies

 "5.01A. For paragraph 68 (b) of the Act, the following airports are specified:

• (a)

  Archerfield Airport;

• (b)

  Essendon Airport;

• (c)

  Jandakot Airport;

• (d)

  Moorabbin Airport;

• (e)

  Parafield Airport.".

12. Regulation 7.03 (Financial statements)

12.1 Subregulation 7.03 (2A):

Omit "subregulation (2A)", substitute "subregulation (2B)".

13. New regulation 7.03A

13.1 After regulation 7.03, insert:

Limited exemption for certain companies

 "7.03A.For subsection 141 (2) of the Act, an airport-operator company for any of the following airports is exempt from section 141 of the Act for the financial year ending on 30 June 1998:

• (a)

  Adelaide Airport;

• (b)

  Alice Springs Airport;

• (c)

  Canberra Airport;

• (d)

  Coolangatta Airport;

• (e)

  Darwin Airport;

• (f)

  Hobart Airport;

• (g)

  Launceston Airport;

• (h)

  Townsville Airport.".

14. New Part 12

14.1 After Part 8, insert:

"PART 12—PROTECTION OF AIRSPACE AROUND AIRPORTS

Airports to which Part 12 of the Act applies

 "12.01. For paragraph 180 (1) (b) of the Act, the following airports are specified:

• (a)

  Archerfield Airport;

• (b)

  Essendon Airport;

• (c)

  Jandakot Airport;

• (d)

  Moorabbin Airport;

• (e)

  Mount Isa Airport;

• (f)

  Parafield Airport;

• (g)

  Tennant Creek Airport.".

15. Schedule 1 (Airport sites)

15.1 Part 1.5 (Canberra Airport):

Omit "Block 3, section 28,", insert "Block 3, section 17 and block 3, section 28,".

_____________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 May 1998.

2. Statutory Rules 1997 No. 8 as amended by 1997 Nos. 103, 104, 113, 177, 199, 269 and 367; 1998 Nos. 51 and 70.