Air Navigation (Charges) Regulations (Amendment) 1992 No. 253
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 253
Issued by the authority of the Minister for Shipping and Aviation Support
Air Navigation (Charges) Act 1952
Air Navigation (Charges) Regulations (Amendment)
Subsection 6(1) of the Air Navigation (Charges) Act 1952 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The Act provides for the payment of landing charges at aerodromes that are either maintained, operated or provided by the Commonwealth or in respect of the maintenance or operation of which financial assistance is provided by the Commonwealth. Section 5 of the Act provides that charges are payable in accordance with the Air Navigation (Charges) Regulations (the Regulations). The rate of landing charges is set out in regulation 12 and in the Schedule to the Regulations.
The amendments to the Regulations substitute the Schedule with a new Schedule. The new Schedule:
• removes aerodromes that are no longer financially supported by the Commonwealth; and
• raises the maximum rate of charge from $6.00 to $7.00 per 1,000 kilograms at Local Ownership Plan aerodromes, and from $12.00 to $14.00 per 1,000 kilograms at Commonwealth aerodromes.
The increases in charges are part of a progressive movement of the rates of charge towards full recovery on a location specific basis.
The amended Regulations commence on 1 August 1992.
Overview
The Air Navigation (Charges) Regulations (Amendment) 1992 No. 253, issued under the authority of the Minister for Shipping and Aviation Support, amends the Air Navigation (Charges) Regulations of 1952. This regulation serves to update and refine the existing framework established by the Air Navigation (Charges) Act 1952, which provides for the imposition of landing charges at aerodromes either maintained, operated, or financially assisted by the Commonwealth. The Act mandates that these charges be levied in accordance with the Air Navigation (Charges) Regulations, with the specific rates outlined in regulation 12 and the accompanying Schedule. The 1992 amendment primarily revises the Schedule to reflect changes in the financial landscape of aerodromes, removing those no longer supported by the Commonwealth and adjusting the maximum rates of landing charges to $7.00 per 1,000 kilograms for Local Ownership Plan aerodromes and $14.00 per 1,000 kilograms for Commonwealth aerodromes. These modifications are part of a broader strategy to progressively align charges more closely with actual costs on a location-specific basis.
Scope and Application
The Air Navigation (Charges) Regulations (Amendment) 1992 No. 253 amends the Air Navigation (Charges) Regulations 1992 by modifying the schedule to adjust landing charges at aerodromes maintained, operated, or provided by the Commonwealth or those receiving Commonwealth financial assistance. The amendments are made under the authority granted by the Air Navigation (Charges) Act 1952, which governs the payment of landing charges at such aerodromes. The Act applies to any aerodromes where the Commonwealth provides maintenance, operation support, or financial assistance, thereby ensuring that the regulatory framework remains relevant and aligned with the current financial realities of these facilities. The amendments specifically address the removal of aerodromes that no longer receive Commonwealth support and adjust the maximum landing charges to reflect a progressive movement towards full cost recovery based on specific aerodrome locations. These changes are effective from 1 August 1992, and the new rates are set out in the amended Schedule to the Regulations.
Key Provisions
The Air Navigation (Charges) Regulations (Amendment) 1992 No. 253, made under the authority of the Minister for Shipping and Aviation Support, amends the Air Navigation (Charges) Regulations 1952 by adjusting the landing charges at certain aerodromes. Section 6(1) of the Air Navigation (Charges) Act 1952 allows for the creation of these regulations, which specify how charges are to be paid for landing at aerodromes maintained, operated, or provided by the Commonwealth, or those receiving Commonwealth financial support. Section 5 of the Act mandates that the charges are payable in accordance with these regulations.
The primary change introduced by the Amendment is the substitution of the existing Schedule with a new one. This new Schedule removes certain aerodromes from the list of those financially supported by the Commonwealth. Additionally, it increases the maximum landing charge rates. Specifically, the maximum rate at Local Ownership Plan aerodromes rises from $6.00 to $7.00 per 1,000 kilograms, while at Commonwealth aerodromes, it increases from $12.00 to $14.00 per 1,000 kilograms. These amendments reflect a move towards more location-specific charge recovery.
Entities and parties governed by these regulations, such as airlines and aerodrome operators, must adhere to the updated charge rates outlined in the new Schedule. This involves updating their billing systems and ensuring compliance with the increased rates for landing at the specified aerodromes. These amendments also necessitate that any documentation or contracts related to landing charges be revised to reflect the new rates.
The regulations impose specific obligations on those who must pay the landing charges. Failure to comply with these amended regulations can lead to various consequences. Although the explanatory statement does not detail specific offences or penalties, under the original Air Navigation (Charges) Act 1952, non-compliance with regulations could result in fines or other penalties as prescribed by law. The exact penalties would be determined by the relevant authorities, but they could include financial penalties or other enforcement actions to ensure compliance with the new charge rates.