EXPLANATORY STATEMENT
Statutory Rules 1987 No 131
Issued by the Authority of the Minister for Aviation
AIR NAVIGATION (CHARGES) REGULATIONS (AMENDMENT)
Section 6 of the Air Navigation (Charges) Act 1952 (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.
Air navigation charges (ANCs) are payable under section 5 of the Act in accordance with regulations for the use by aircraft of aerodromes, air route and airways facilities, meteorological services, and search and rescue services maintained, operated or provided by the Commonwealth or in respect of which the Commonwealth provides financial assistance.
Under the arrangements in operation up to 30 June 1987, air navigation charges in respect of Australian aircraft were payable by way of either an annual charge or landing charges. An annual charge was payable in respect of most general aviation aircraft and linked to the period of registration. Other Australian aircraft attracted landing charges.
These regulations implement revised charging arrangements. Under the revised system, landing charges are payable under regulation 12 in respect of any operations of aviation turbine (Avtur) powered aircraft and at major aerodromes for other than Avtur powered aircraft. Landing charges are based on aircraft weight and the facilities and services provided at each aerodrome. Separate legislation provides that aviation gasoline powered aircraft will also be subject to a fuel excise surcharge.
Annual charges arrangements no longer apply. Provision has been made for refund of the unexpired portion of annual charges, ie that portion extending beyond 30 June 1987. Arrangements for charging general aviation aircraft set out in the regulations have been agreed with general aviation associations.
The additional charge of 15% on landing charges for domestic airline aircraft in excess of 45,000 kilogrammes provided under regulation 12A has been continued until 30 June 1988.
The en-route movement charge has been retained in respect of international flights for the use of air route and airway facilities in Australia, and is based on aircraft weight and distance.
An increase in the rates for these charges over those applying in 1986/87 has been imposed, 10% for landing charges and 15% for the international en-route charge. The current weekly charge for international general aviation aircraft, based on aircraft weight and length of stay in Australia, has remained unchanged.
The regulations take effect on 1 July 1987.
A brief description of the regulations is attached.
ATTACHMENT
AIR NAVIGATION (CHARGES) REGULATIONS (AMENDMENT)
Commencement
Regulation 1 cites 1 July 1987 as the date of commencement of these regulations.
Principal Regulations
Regulation 2 defines ‘Principal Regulations’ as the Air Navigation (Charges) Regulations
Interpretation
Regulation 3 amends existing regulation 2 to include a definition of ‘Avtur aircraft’ for the purpose of the regulations and deletes the definition of ‘annual charge’.
Classes of aerodromes and aircraft in relation to which charges applicable
Regulation 4 inserts regulation 2AA to provide that charges under these regulations do not apply to the use of an aerodrome operated by the Federal Airports Corporation. It further provides that non Avtur aircraft will not pay charges except as the regulations require.
Prescribed circumstances in relation to remission or refund of charge or penalty
Previously regulation 2A provided a circumstance for the remission or refund of penalties on annual charges in respect of that period of annual aircraft registration unexpired at 30 June 1987, thereby facilitating an administrative arrangement under which aircraft operators may pay pro-rata air navigation charges and have remitted the penalties which would otherwise apply under section 5 of the Act.
Regulation 5 amends regulation 2A to permit remission and refund of that portion of an annual charge that is ‘unearned’ at 30 June 1987 thereby enabling pro-rata refunds to be made. Subregulation 2A(2) which defined ‘year of registration’, is omitted as a definition is already contained in regulation 2.
Regulation 6 amends regulation 2B by omitting the reference to annual charges at paragraph 2B(1)(a) since these have no application in the revised charging arrangements. This amendment also omits the annual charges remission and refund circumstances at paragraph 2B(1)(b) and the associated definition of ‘historical aircraft’ and ‘non commercial aerial work’ from subregulation 2B(3).
Landing charges
Regulation 7 amends regulation 12 for the purpose of revised charging arrangements.
Subregulation 7(1) substitutes new provisions for subregulations 12(1) and (2) which related landing charges to various types of aircraft licences and provides that, except as regards aircraft liable for international general aviation charges, landing charges apply to aviation turbine (Avtur) powered aircraft and to landings by non Avtur powered aircraft at certain aerodromes listed in Schedule 5.
Subregulation 12(3) is amended to reflect the new rates of charge agreed to by Cabinet.
Subregulation 12(7) which specifies charges for circuit training is amended to refer only to Avtur powered aircraft, other than international general aviation aircraft.
New subregulation 12(7A) limits application to one landing charge for non Avtur powered aircraft (other than international general aviation aircraft) where an aircraft conducting circuit training at an aerodrome lands at that place on conclusion of a series of circuits. This provision is necessary as training activity, per se, is not to be charged for these aircraft, in accordance with arrangements agreed with the general aviation industry.
New paragraph 12(8)(d) expands the evidentiary provision used for the purpose of establishing liability to landing charges by including invoices produced from computer records as evidence that a flight occurred.
Additional landing charge
Regulation 8 amends regulation 12A by extending the period of the additional landing charge for airline aircraft weighing more than 45,000 kilogrammes (other than international airline licence aircraft) from 30 June 1987 to 30 June 1988.
Payment of landing charges - Australian Aircraft
Regulation 9 repeals existing regulation 13 which provided that landing charges were payable by holders of airline licences, supplementary airline licences, or charter licences for which an exemption under regulation 203 of the Air Navigation Regulations had been granted. Regulation 8 also replaces existing regulation 13 with a provision that landing charges for Avtur powered aircraft operating under an airline licence are payable by the licence holder and, where aircraft are not operating under such a licence, by the Certificate of Registration holder. For non Avtur powered aircraft, landing charges are payable by the Certificate of Registration holder.
Designation of aircraft
Regulation 10 repeals regulation 14 since there is no longer a requirement to designate aircraft under the new charging arrangements.
Special arrangements for use of facilities
The intention of previous regulation 16 was that, where services or facilities would not normally be provided, the cost of providing any such facilities or services would be recoverable from the operator(s) for whom they were provided.
The regulation as it stood was, however, unclear as to whether recovery of expenses was possible for anything other than the provision of terminal navigation and rescue and fire fighting services. Accordingly an expanded power is provided.
Regulation 11 amends existing regulation 16 to provide for recovery of expenses incurred in providing any additional service or facility to the aviation industry for which charges may be imposed under the Air Navigation (Charges) Act.
Paragraphs 11(a) and (b) omit subregulations 16(1) and (2) and substitute a provision which enable an authorized officer to enter into a special arrangement for the provision of facilities and services which would otherwise not be available.
Paragraph 11(c) omits the previous subregulation 16(3) which required that a charge for special arrangements be an amount additional to landing charges, and substitutes a new provision providing that the charge will be as determined under subregulation 16(5).
Paragraphs 11(d) and (e) amend subregulation 16(4) to provide that the person requesting the special arrangement shall be responsible for the charge. Paragraph 11(f) amends subregulation 16(5) to provide that the amount charged shall not be more than the estimated cost of providing the service.
Paragraph 11(g) provides that the amount of charge for any special arrangement shall not be less than the amount of the normally provided landing charge applicable to facilities and services at an aerodrome.
En-route charge in respect of international flight
Regulation 12 amends subregulation 17(3) to introduce increased rates of charge and also deletes reference to the exemption from en-route charges of aircraft paying annual charges, as annual charges are no longer payable.
Identification and payment of en-route charge
Regulation 13 inserts a provision in regulation 18 which identifies invoices produced from computer records as a source document for en-route charges.
Repeal
Regulation 14 repeals regulation 20 that related to annual charges as these charges ceased on commencement of the revised charging arrangements.
False statements
Regulation 15 omits paragraph 22(b) which referred to statements in relation to the use of aircraft. This provision related to the designation of aircraft and is not required for the revised charging arrangements.
Assignment of liability
Regulation 16 inserts a new regulation 24, providing for assignment of liability for air navigation charges. This provision recognises that in the commercial operation of aircraft the person primarily responsible for charges, either as licence
holder or certificate of registration holder, may wish to assign liability as part of an aircraft lease or sub-lease. Such separation of owners and operators is common in the aviation industry.
Regulation 24 as amended imposes limitations on assignments:
- subregulation 24(2) requires that assignment be for a period exceeding 30 days
- subregulation 24(3) requires that an assignment of liability be in writing and contain certain items of information
- subregulation 24(4) requires that to be valid an assignment be lodged within 7 days of the date on which the assignment is to come into effect and be approved by the Secretary or authorized officer.
Schedule 4
Regulation 17 amends Schedule 4, which lists those aerodromes where fire fighting and rescue service is chargeable, to include aerodromes at Albury and Karratha.
Schedule 5
Regulation 18 inserts Schedule 5 which lists certain aerodromes at which non Avtur aircraft will incur landing charges under these regulations.
Transitional
Regulation 19 is a transitional provision necessary to permit adjustments in regard to annual charges raised under the previous scheme.