Civil Aviation (Buildings Control) Regulations 1988 (Cth)

Case
No judgment structure available for this case.
Civil Aviation (Buildings Control) Regulations 1988

Statutory Rules No. 161, 1988

made under the

Civil Aviation Act 1988

Compilation No. 4

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the Civil Aviation (Buildings Control) Regulations 1988 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1Name of Regulations

These Regulations are the Civil Aviation (Buildings Control) Regulations 1988.

2Interpretation

In these Regulations, unless the contrary intention appears:

authorised person means a person authorised in writing by the Authority for the purposes of the provision in which the expression occurs.

engage in conduct means:

  1. (a)

    do an act; or

  2. (b)

    omit to perform an act.

interest in relation to land, means:

  1. (a)

    a legal or equitable estate or interest in the land; or

  2. (b)

    a right, power or privilege over, or in connection with, the land.

object includes a tree or other natural obstacle.

3Prohibition of the construction of buildings in specified areas
  1. (1)

    A person may construct, within an area to which this regulation applies, a building or structure only in accordance with an approval given under these Regulations.

    Penalty: 10 penalty units.

  2. (1A)

    An offence against subregulation (1) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

  3. (2)

    In this regulation, an area to which this regulation applies means an area described in Schedule 1 by reference to the plan that bears the number specified in the description and is in the Schedule so specified.

4Prohibition of the construction of buildings of more than 25 feet in height in specified areas
  1. (1)

    A person may construct, within an area to which this regulation applies, a building or structure having a greater height above the ground than 25 feet only in accordance with an approval given under these Regulations.

    Penalty: 10 penalty units.

  2. (1A)

    An offence against subregulation (1) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

  3. (2)

    In this regulation, an area to which this regulation applies means an area described in Schedule 2 by reference to the plan that bears the number specified in the description and is in the Schedule so specified.

5Prohibition of the construction of buildings of more than 50 feet in height in specified areas
  1. (1)

    A person may construct, within an area to which this regulation applies, a building or structure having a greater height above the ground than 50 feet only in accordance with an approval given under these Regulations.

    Penalty: 10 penalty units.

  2. (1A)

    An offence against subregulation (1) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

  3. (2)

    In this regulation, an area to which this regulation applies means an area described in Schedule 3 by reference to the plan that bears the number specified in the description and is in the Schedule so specified.

6Prohibition of the construction of buildings of more than 150 feet in height in certain areas
  1. (1)

    A person may construct, within an area to which this regulation applies, a building or structure having a greater height above the ground than 150 feet only in accordance with an approval given under these Regulations.

    Penalty: 10 penalty units.

  2. (1A)

    An offence against subregulation (1) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

  3. (2)

    In this regulation, an area to which this regulation applies means an area described in Schedule 4 by reference to the plan that bears the number specified in the description and is in the Schedule so specified.

7Application for approval
  1. (1)

    An application for approval to construct a building or structure, the construction of which is prohibited under regulation 3, 4, 5 or 6 without approval, shall be in writing and shall be lodged with the Authority or an authorised person.

  2. (2)

    An application for approval shall state the nature and the proposed situation of the building or structure, its height above the ground and the purposes for which it will be used.

  3. (3)

    The Authority or an authorised person may, by notice in writing, require an applicant to furnish such further information in respect to the application as is reasonably required for a proper consideration of the application.

8Grant or refusal of approval
  1. (1)

    The Authority or an authorised person may grant an approval to construct a building or structure, the construction of which is prohibited under regulation 3, 4, 5 or 6 without approval.

  2. (2)

    The Authority or an authorised person may refuse an application for approval or may grant an application for approval subject to such conditions with respect to the construction of the building or structure or with respect to the marking or lighting of the building or structure as are specified in the approval.

  3. (3)

    After the grant of an approval under this regulation, the Authority or an authorised person may, by notice in writing served on the person to whom the approval has been given:

    1. (a)

      impose conditions with respect to the marking or lighting of the building or structure;

    2. (b)

      revoke any or all of the conditions subject to which the approval was given;

    3. (c)

      vary the conditions with respect to the marking or lighting of the building or structure; and

    4. (d)

      impose conditions with respect to the marking or lighting of the building or structure additional to the conditions subject to which an approval was given;

    and the conditions as so imposed, altered or added to from time to time shall be deemed to be the conditions subject to which the approval is granted.

  4. (4)

    The Authority or an authorised person shall not:

    1. (a)

      refuse an application for approval;

    2. (b)

      grant an application for approval subject to conditions; or

    3. (c)

      impose conditions with respect to the construction of a building or structure or with respect to the marking or lighting of a building or structure;

    unless the Authority or the authorised person is satisfied that the building or structure, if erected, or the building or structure if erected otherwise than in accordance with the conditions, as the case may be, will or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome situated within the area in which it is proposed to construct the building or structure.

9Review of decisions
  1. (1)

    Application may be made to the Administrative Review Tribunal for review of a decision under subregulation 8(2), 8(3) or 11(1).

  2. (2)

    Where the Authority or an authorised person makes a decision referred to in subregulation (1) and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for review of the decision and include a statement that the person may request a statement of reasons for the decision under section 268 of that Act.

  3. (3)

    A contravention of subregulation (2) in relation to a decision does not affect the validity of the decision.

10Penalty for failing to comply with conditions subject to which an approval is granted
  1. (1)

    A person to whom an approval is granted under regulation 8, must comply with the conditions, if any, subject to which the approval is granted.

    Penalty: 10 penalty units.

  2. (2)

    An offence against subregulation (1) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

11Removal, marking or lighting of hazards to air navigation
  1. (1)

    Where:

    1. (a)

      there is, in an area to which regulation 3 applies, a building, structure or object that constitutes or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome named in the description of that area;

    2. (b)

      there is, in an area to which regulation 4 applies a building, structure or object having a greater height above the ground than 25 feet that constitutes or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome named in the description of that area;

    3. (c)

      there is, in an area to which regulation 5 applies, a building, structure or object having a greater height above the ground than 50 feet that constitutes or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome named in the description of that area; or

    4. (d)

      there is, in an area to which regulation 6 applies a building, structure or object having a greater height above the ground than 150 feet that constitutes or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome situated within that area;

    the Authority may, by notice in writing:

    1. (e)

      direct the removal within a time specified in the notice of the whole or a specified part of the building, structure or object; or

    2. (f)

      give directions with respect to the marking or lighting of the building, structure or object in such manner as the Authority considers is necessary to ensure that the existence of the building, structure or object is visible by day or by night to aircraft flying in the vicinity of the aerodrome named in the description of that area.

  2. (2)

    The powers conferred by subregulation (1) may be exercised in relation to a building or structure whether or not approval has been given under these Regulations to the construction of the building or structure.

  3. (3)

    A notice under subregulation (1) may be addressed to the person who owns the land on which the building or structure is erected or the object is situated or to the person in occupation of that land or to both of those persons.

  4. (4)

    A notice under subregulation (1) may be served:

    1. (a)

      by leaving it with, or tendering it to, the person, or to each of the persons, to whom it is addressed;

    2. (b)

      by posting it in a prepaid registered letter to the person, or to each of the persons, to whom it is addressed at his or her last known place of abode; or

    3. (c)

      where a person to whom the notice is addressed cannot be found and the place of abode of the person is unknown—by affixing it in a conspicuous position on or near to the object to which the notice relates.

  5. (5)

    A person must comply with the requirements in a notice served on him or her under this regulation.

    Penalty: 2 penalty units.

  6. (6)

    An offence against subregulation (5) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

12Provisions applicable where notice is not complied with

Where a person fails to comply, within such reasonable time as is specified in a notice served on him or her under regulation 11, with a requirement in the notice, the Authority may, by notice in writing, direct such persons as are specified in the notice to enter upon the land on which the building, structure or object concerned is situated and carry out the requirement which has not been complied with.

13Compensation for acquisition of property
  1. (1)

    Where, but for this regulation, the operation of a provision of these Regulations would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by the Authority such reasonable amount of compensation as is agreed upon between the person and the Authority or, failing agreement, as is determined by a court of competent jurisdiction.

  2. (2)

    In subregulation (1), acquisition of property and just terms have the same respective meanings as in paragraph 51 (xxxi) of the Constitution.

14Compensation in respect of certain loss, damage or expense

Where:

  1. (a)

    because of the removal under these Regulations of a building, structure or object from any land a person suffers loss or damage, or incurs expense, in or as a direct result of that removal; or

  2. (b)

    because of the marking or lighting under these Regulations of a building, structure or object upon any land a person suffers loss or damage, or incurs expense, in or as a direct result of that marking or lighting;

that person is entitled to be paid by the Authority such reasonable amount of compensation in respect of that loss, damage or expense as is agreed between the person and the Authority or, failing agreement, as is determined by a court of competent jurisdiction.

15Authority and authorised persons to have certain powers
  1. (1)

    An authorised person may enter upon any land for the purpose of:

    1. (a)

      ascertaining whether the provisions of these Regulations are being complied with;

    2. (b)

      ascertaining whether the conditions to which an approval given by the Authority under these Regulations is subject are being complied with;

    3. (c)

      determining the terms of a notice to be served under regulation 11;

    4. (d)

      ascertaining whether the requirements in a notice served under regulation 11 are being, or have been complied with; or

    5. (e)

      gaining access to an area specified in a Schedule.

  2. (2)

    The Authority may authorise any necessary action and the use of any reasonable force for the purpose of preventing a contravention of, or securing compliance with, these Regulations.

  3. (3)

    An authorised person shall carry an identification card issued by the Authority.

  4. (4)

    An identification card shall be in a form approved by the Authority.

  5. (5)

    Where an authorised person proposes to enter or enters upon any land, the authorised person shall, if requested to do so by the owner or occupier of the land, produce the identification card for inspection by the owner or occupier.

17Transitional
  1. (1)

    Where:

    1. (a)

      an approval given under the Air Navigation (Buildings Control) Regulations for the purposes of a provision of those Regulations was in effect immediately before the commencement of these Regulations; and

    2. (b)

      that provision is one to which a provision of these Regulations corresponds;

    the approval has effect after the commencement of these Regulations as if it had been given under these Regulations for the purposes of the corresponding provision of these Regulations.

  2. (2)

    Where:

    1. (a)

      an application under the Air Navigation (Buildings Control) Regulations was made for an approval to construct a building or structure the construction of which was prohibited under a provision of those Regulations;

    2. (b)

      the application had not been dealt with before the commencement of these Regulations; and

    3. (c)

      the provision of the Air Navigation (Buildings Control) Regulations referred to in paragraph (a) was one to which a provision of these Regulations corresponds;

    the application shall be taken, upon the commencement of these Regulations, to have been made under these Regulations for an approval for the purposes of the corresponding provision of these Regulations to construct the building or structure.

The Schedules

Schedule 1

(regulation 3)

Item No.

Area

1

Each of the areas of land in the vicinity of the aerodrome known as Sydney (Kingsford Smith) Airport in the State of New South Wales delineated by cross hachuring on Plan No. 1 in Schedule 5.

2

Each of the areas of land in the vicinity of the aerodrome known as Sydney (Kingsford Smith) Airport in the State of New South Wales delineated by cross hachuring on Plan No. 2 in Schedule 5.

3

Each of the areas of land in the vicinity of the aerodrome known as Bankstown Airport in the State of New South Wales delineated by cross hachuring on Plan No. 7 in Schedule 5.

4

The area of land in the vicinity of the aerodrome known as Bankstown Airport in the State of New South Wales delineated by cross hachuring on Plan No. 8 in Schedule 5.

5

The area of land in the vicinity of the aerodrome known as Moorabbin Airport in the State of Victoria delineated by cross hachuring on Plan No. 11 in Schedule 5.

6

The area of land in the vicinity of the aerodrome known as Moorabbin Airport in the State of Victoria delineated by cross hachuring on Plan No. 12 in Schedule 5.

7

Each of the areas of land in the vicinity of the aerodrome known as Moorabbin Airport in the State of Victoria delineated by cross hachuring on Plan No. 13 in Schedule 5.

8

The area of land in the vicinity of the aerodrome known as Moorabbin Airport in the State of Victoria delineated by cross hachuring on Plan No. 14 in Schedule 5.

9

The area of land in the vicinity of the aerodrome known as Adelaide Airport in the State of South Australia delineated by cross hachuring on Plan No. 17 in Schedule 5.

10

Each of the areas of land in the vicinity of the aerodrome known as Adelaide Airport in the State of South Australia delineated by cross hachuring on Plan No. 18 in Schedule 5.

11

The area of land in the vicinity of the aerodrome known as Adelaide Airport in the State of South Australia delineated by cross hachuring on Plan No. 20 in Schedule 5.

12

The area of land in the vicinity of the aerodrome known as Adelaide Airport in the State of South Australia delineated by cross hachuring on Plan No. 21 in Schedule 5.

13

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by cross hachuring on Plan No. 1 in Schedule 6.

14

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by cross hachuring on Plan No. 2 in Schedule 6.

15

The area of land in the vicinity of the aerodrome known as Essendon Fields Airport in the State of Victoria delineated by cross hachuring on Plan No. 3 in Schedule 6.

16

The area of land in the vicinity of the aerodrome known as Essendon Fields Airport in the State of Victoria delineated by cross hachuring on Plan No. 4 in Schedule 6.

17

The area of land in the vicinity of the aerodrome known as Essendon Fields Airport in the State of Victoria delineated by cross hachuring on Plan No. 5 in Schedule 6.

Schedule 2

(regulation 4)

Item No.

Area

1

Each of the areas of land in the vicinity of the aerodrome known as Sydney (Kingsford Smith) Airport in the State of New South Wales delineated by oblique hachuring on Plan No. 1 in Schedule 5.

2

The area of land in the vicinity of the aerodrome known as Sydney (Kingsford Smith) Airport in the State of New South Wales delineated by oblique hachuring on Plan No. 2 in Schedule 5.

3

The area of land in the vicinity of the aerodrome known as Sydney (Kingsford Smith) Airport in the State of New South Wales delineated by oblique hachuring on Plan No. 3 in Schedule 5.

4

The area of land in the vicinity of the aerodrome known as Sydney (Kingsford Smith) Airport in the State of New South Wales delineated by oblique hachuring on Plan No. 4 in Schedule 5.

5

Each of the areas of land in the vicinity of the aerodrome known as Bankstown Airport in the State of New South Wales delineated by oblique hachuring on Plan No. 7 in Schedule 5.

6

The area of land in the vicinity of the aerodrome known as Bankstown Airport in the State of New South Wales delineated by oblique hachuring on Plan No. 8 in Schedule 5.

7

The area of land in the vicinity of the aerodrome known as Moorabbin Airport in the State of Victoria delineated by oblique hachuring on Plan No. 11 in Schedule 5.

8

The area of land in the vicinity of the aerodrome known as Moorabbin Airport in the State of Victoria delineated by oblique hachuring on Plan No. 12 in Schedule 5.

9

The area of land in the vicinity of the aerodrome known as Moorabbin Airport in the State of Victoria delineated by oblique hachuring on Plan No. 13 in Schedule 5.

10

Each of the areas of land in the vicinity of the aerodrome known as Moorabbin Airport in the State of Victoria delineated by oblique hachuring on Plan No. 14 in Schedule 5.

11

Each of the areas of land in the vicinity of the aerodrome known as Adelaide Airport in the State of South Australia delineated by oblique hachuring on Plan No. 17 in Schedule 5.

12

The area of land in the vicinity of the aerodrome known as Adelaide Airport in the State of South Australia delineated by oblique hachuring on Plan No. 18 in Schedule 5.

13

The area of land in the vicinity of the aerodrome known as Adelaide Airport in the State of South Australia delineated by oblique hachuring on Plan No. 19 in Schedule 5.

14

The area of land in the vicinity of the aerodrome known as Adelaide Airport in the State of South Australia delineated by oblique hachuring on Plan No. 20 in Schedule 5.

15

The area of land in the vicinity of the aerodrome known as Adelaide Airport in the State of South Australia delineated by oblique hachuring on Plan No. 21 in Schedule 5.

16

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by oblique hachuring on Plan No. 1 in Schedule 6.

17

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by oblique hachuring on Plan No. 2 in Schedule 6.

18

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by oblique hachuring on Plan No. 7 in Schedule 6.

19

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by oblique hachuring on Plan No. 8 in Schedule 6.

20

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by oblique hachuring on Plan No. 9 in Schedule 6.

21

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by oblique hachuring on Plan No. 10 in Schedule 6.

22

The area of land in the vicinity of the aerodrome known as Essendon Fields Airport in the State of Victoria delineated by oblique hachuring on Plan No. 3 in Schedule 6.

23

The area of land in the vicinity of the aerodrome known as Essendon Fields Airport in the State of Victoria delineated by oblique hachuring on Plan No. 4 in Schedule 6.

24

The area of land in the vicinity of the aerodrome known as Essendon Fields Airport in the State of Victoria delineated by oblique hachuring on Plan No. 5 in Schedule 6.

25

Each of the areas of land in the vicinity of the aerodrome known as Essendon Fields Airport in the State of Victoria delineated by oblique hachuring on Plan No. 6 in Schedule 6.

Schedule 3

(regulation 5)

Item No.

Area

1

The area of land in the vicinity of the aerodrome known as Sydney (Kingsford Smith) Airport in the State of New South Wales delineated by vertical hachuring on Plan No. 5 in Schedule 5, other than areas of land delineated by oblique hachuring on plans Nos. 3 and 4 in that Schedule.

2

The area of land in the vicinity of the aerodrome known as Sydney (Kingsford Smith) Airport in the State of New South Wales delineated by vertical hachuring on Plan No. 6 in Schedule 5.

3

The area of land in the vicinity of the aerodrome known as Bankstown Airport in the State of New South Wales delineated by vertical hachuring on Plan No. 9 in Schedule 5.

4

The area of land in the vicinity of the aerodrome known as Bankstown Airport in the State of New South Wales delineated by vertical hachuring on Plan No. 10 in Schedule 5.

5

The area of land in the vicinity of the aerodrome known as Moorabbin Airport in the State of Victoria delineated by vertical hachuring on Plan No. 15 in Schedule 5.

6

The area of land in the vicinity of the aerodrome known as Moorabbin Airport in the State of Victoria delineated by vertical hachuring on Plan No. 16 in Schedule 5.

7

The area of land in the vicinity of the aerodrome known as Adelaide Airport in the State of South Australia delineated by vertical hachuring on Plan No. 22 in Schedule 5.

8

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by vertical hachuring on Plan No. 11 in Schedule 6.

9

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by vertical hachuring on Plan No. 12 in Schedule 6.

10

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by vertical hachuring on Plan No. 13 in Schedule 6.

11

The area of land in the vicinity of the aerodromes known as Melbourne Airport and Essendon Fields Airport in the State of Victoria delineated by vertical hachuring on Plan No. 14 in Schedule 6.

Schedule 4

(regulation 6)

Item No.

Area

1

Each of the areas of land in the vicinity of the aerodrome known as Sydney (Kingsford Smith) Airport in the State of New South Wales delineated by horizontal hachuring on Plan No. 5 in Schedule 5.

2

Each of the areas of land in the vicinity of the aerodrome known as Sydney (Kingsford Smith) Airport in the State of New South Wales delineated by horizontal hachuring on Plan No. 6 in Schedule 5.

3

The area of land in the vicinity of the aerodrome known as Bankstown Airport in the State of New South Wales delineated by horizontal hachuring on Plan No. 9 in Schedule 5.

4

The area of land in the vicinity of the aerodrome known as Bankstown Airport in the State of New South Wales delineated by horizontal hachuring on Plan No. 10 in Schedule 5.

5

Each of the areas of land in the vicinity of the aerodrome known as Moorabbin Airport in the State of Victoria delineated by horizontal hachuring on Plan No. 15 in Schedule 5.

6

The area of land in the vicinity of the aerodrome known as Moorabbin Airport in the State of Victoria delineated by horizontal hachuring on Plan No. 16 in Schedule 5.

7

Each of the areas of land in the vicinity of the aerodrome known as Adelaide Airport in the State of South Australia delineated by horizontal hachuring on Plan No. 22 in Schedule 5.

8

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by horizontal hachuring on Plan No. 11 in Schedule 6.

9

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by horizontal hachuring on Plan No. 12 in Schedule 6.

10

The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by horizontal hachuring on Plan No. 13 in Schedule 6.

11

The area of land in the vicinity of the aerodromes known as Melbourne Airport and Essendon Fields Airport in the State of Victoria delineated by horizontal hachuring on Plan No. 14 in Schedule 6.

12

The area of land in the vicinity of the aerodrome known as Essendon Fields Airport in the State of Victoria delineated by horizontal hachuring on Plan No. 15 in Schedule 6.

Schedule 5

Schedule 6

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Endnote 3Legislation history

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

161, 1988

30 June 1988

1 July 1988 (gaz 1988, No S189)

192, 1989

21 July 1989

21 July 1989

—

103, 1993

3 June 1993

3 June 1993

—

268, 2002

6 Nov 2002

6 Nov 2002 (r 2)

—

Name

Registration

Commencement

Application, saving and transitional provisions

Airports Legislation Amendment (Essendon Fields Airport) Regulations 2017

11 Oct 2017 (F2017L01341)

12 Oct 2017 (s 2(1) item 1)

—

Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024

11 Oct 2024 (F2024L01299)

Sch 10 (items 58–61): 14 Oct 2024 (s 2(1) item 1)

—

Endnote 4Amendment history

Provision affected

How affected

r 1.............................................

rs No 268, 2002

r 2.............................................

am No 103, 1993; No 268, 2002

r 3.............................................

am No 268, 2002

r 4.............................................

am No 268, 2002

r 5.............................................

am No 268, 2002

r 6.............................................

am No 268, 2002

r 7.............................................

am No 103, 1993

r 8.............................................

am No 192, 1989; No 103, 1993

r 9.............................................

am No 103, 1993; F2024L01299

r 10............................................

rs No 268, 2002

r 11............................................

am No 192, 1989; No 268, 2002

r 14............................................

rs No 192, 1989

r 15............................................

am No 192, 1989; No 103, 1993

r 16............................................

rep No 268, 2002

Schedule 1

Schedule 1..................................

am F2017L01341

ed C4

Schedule 2

Schedule 2..................................

am F2017L01341

Schedule 3

Schedule 3..................................

am F2017L01341

Schedule 4

Schedule 4..................................

am F2017L01341

Schedule 6

Schedule 6..................................

am F2017L01341

Endnote 5Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes, omit or change any text that is not part of the instrument, to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law.

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Plan of Melbourne Airport and Essendon Airport showing areas affected by the Civil Aviation (Buildings Control) Regulations at the end of the instrument

Kind of editorial change

Updates to references to a person, body or other entity, or an office, position, place, document or thing

Details of editorial change

Schedule 1 items 11–16 of the Airports Legislation Amendment (Essendon Fields Airport) Regulations 2017 updated references from “Essendon Airport” to “Essendon Fields Airport”.

The Plan of Melbourne Airport and Essendon Airport showing areas affected by the Civil Aviation (Buildings Control) Regulations at the end of the instrument does not form part of the instrument.

This compilation was editorially changed to omit the words “ESSENDON AIRPORT” (wherever occurring) and substitute “ESSENDON FIELDS AIRPORT” to update the references to the airport site.

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0