EXPLANATORY STATEMENT
Statutory Rules 1986 No. 211
Issued by the Authority of the Minister for Aviation
AIR NAVIGATION (CHARGES) REGULATION (AMENDMENT)
Section 5 of the Air Navigation (Charges) Act 1952 provides that charges are payable in accordance with the regulations, in respect of the use by aircraft of aerodromes, air route and airway facilities, meteorological services and search and rescue services
(a) that are maintained, operated or provided by the Commonwealth; or
(b) in respect of the maintenance or operation of which, financial assistance is provided by the Commonwealth.
Section 6 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Air Navigation (Charges) Regulations provide, inter alia, that landing charges are payable in respect of any operations of airlines and certain supplementary airlines aircraft and other aircraft engaged in regular public transport operations.
The Statutory Rules insert new regulation 12A to impose an additional charge in respect of all landings by aircraft in excess of 45,000 kilogrammes operated by a holder of an airline licence other than an international airline licence. The additional charge is equal to 15% of the landing charges payable under regulation 12 and applies in respect of landings from the date of commencement of new regulation 12A and ending on 30 June 1987.
The additional charge is estimated to raise $8M in 1986/87.
Overview
The Air Navigation (Charges) Regulation (Amendment) Statutory Rules 1986 No. 211, issued under the authority of the Minister for Aviation, was enacted in 1986 to address a financial shortfall in the funding of air navigation services. This amendment to the Air Navigation (Charges) Act 1952 aims to enhance revenue through additional charges on landings by specific aircraft. The problem this amendment seeks to address is the need to generate sufficient revenue to maintain, operate, or provide air navigation services, including aerodromes, air route and airway facilities, meteorological services, and search and rescue services, which are either maintained by the Commonwealth or receive financial assistance from it. The policy objective behind this amendment is to impose a supplementary charge on qualifying aircraft landings, thereby contributing to the overall costs associated with these critical services.
The regulation introduces an additional charge of 15% on landing charges for aircraft weighing over 45,000 kilograms operated by holders of airline licences other than international airline licences. This additional charge is set to apply from the commencement of the new regulation until 30 June 1987 and is expected to raise approximately $8 million in the 1986/87 financial year. By enacting these amendments, the Australian Parliament aims to ensure that the necessary financial resources are available to support the provision of essential air navigation services.
Scope and Application
The Air Navigation (Charges) Regulation (Amendment) Statutory Rules 1986 No. 211 applies to any aircraft over 45,000 kilograms operated by a holder of an airline licence, excluding international airlines, that land at any aerodrome, air route, or airway facilities within the Commonwealth of Australia. This amendment introduces an additional charge, which is 15% of the standard landing charges, for these specified aircraft landings. The regulation is intended to apply to all such landings from its commencement date until 30 June 1987 and is a direct extension of the Air Navigation (Charges) Act 1952, which governs the imposition of charges for the use of specified aeronautical services and facilities maintained or operated by the Commonwealth or with financial assistance from the Commonwealth. There are no stated exclusions or exemptions in the regulation itself, though the scope of application is confined to the specified aircraft and time period.
Key Provisions
The Air Navigation (Charges) Regulation (Amendment) Statutory Rules 1986 No. 211 introduce new regulation 12A, effective from the date of commencement, which imposes an additional charge for landings by aircraft weighing more than 45,000 kilograms, operated by holders of an airline licence, excluding those with international airline licences. This additional charge is set at 15% of the landing charges already stipulated in regulation 12 (section 5). The new regulation will be in effect until 30 June 1987. This amendment is intended to generate an estimated $8 million in revenue for the 1986/87 financial year.
Under the new regulation 12A, the primary obligation falls on holders of airline licences who operate aircraft exceeding 45,000 kilograms and are not holders of an international airline licence. These entities are required to pay an additional 15% of the standard landing charges as outlined in regulation 12. The charges must be paid for all landings occurring after the commencement of the new regulation and until 30 June 1987. This additional charge is intended to be supplementary to the existing landing charges and applies specifically to the described category of aircraft and operators.
Failure to comply with the new regulation 12A may result in civil consequences. Specifically, entities that do not pay the additional landing charges as required by regulation 12A may face penalties. While the exact nature of these penalties is not detailed in the Explanatory Statement, it is clear that non-compliance will be treated seriously under the regulatory framework. The penalties for such breaches could potentially include financial penalties, which would be determined in accordance with the existing legislative provisions governing the Air Navigation (Charges) Act 1952. The maximum penalties for breaches under this Act can be significant, reflecting the importance of adhering to the prescribed charges and regulations.