Air Navigation (Charges) Regulations (Amendment) 1991 No. 237
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 237
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 omits aerodromes which are no longer financially supported by the Commonwealth, and sets charges for individual aerodromes which are commensurate with the costs incurred by the Commonwealth at these aerodromes, specifically, by:
• increasing the rate of charge at certain aerodromes from previously levied concession rates to rates which are in line with other aerodromes (that is, to values closer to those required for the Commonwealth to eventually attain full cost recovery); and
• raising the maximum rate of charge from $4.00 to $5.00 per 1,000 kg weight of aircraft at aerodromes which are Local Ownership Plan aerodromes, and from $8.00 to $10.00 per 1,000 kg weight of aircraft at aerodromes which are Commonwealth aerodromes. These increases are part of a progressive movement of the rates of charge towards full recovery on a location specific basis.
The amended Regulations commenced on 1 August 1991.
Overview
The Air Navigation (Charges) Regulations (Amendment) 1991 No. 237, issued by the authority of the Minister for Shipping and Aviation Support, amends the existing Air Navigation (Charges) Regulations to address the issue of updating the rates of landing charges at aerodromes maintained, operated, or provided by the Commonwealth. This amendment aligns with the objective of the Air Navigation (Charges) Act 1952 to ensure that charges are commensurate with the costs incurred by the Commonwealth, thus facilitating a gradual move towards full cost recovery. The policy objective behind these amendments is to ensure that aerodromes receive appropriate financial support while promoting efficiency and cost-effectiveness in the provision of air navigation services. The new regulations, which commenced on 1 August 1991, adjust the rates of charges to reflect the current financial realities, ensuring the sustainability and proper funding of aerodromes.
Scope and Application
The Air Navigation (Charges) Regulations (Amendment) 1991 No. 237 pertains to the Air Navigation (Charges) Act 1952 and applies to the payment of landing charges at aerodromes that are maintained, operated, or provided by the Commonwealth, or for which the Commonwealth provides financial assistance. This Act is relevant to entities and individuals who are subject to the landing charges specified under the Act and Regulations. The geographical reach of this legislation is national, as it applies to aerodromes across Australia that meet the criteria of being Commonwealth-supported or operated. The Act allows for the exclusion of aerodromes that no longer receive financial assistance from the Commonwealth, thereby narrowing the scope of its application. The amendments to the Regulations, which came into effect on 1 August 1991, adjust the rates of landing charges to align more closely with the costs incurred by the Commonwealth, facilitating a gradual transition towards full cost recovery. The new rates set in the amended Regulations represent an increase from the previous concession rates, particularly for Local Ownership Plan aerodromes and Commonwealth aerodromes, reflecting a step towards achieving financial sustainability.
Key Provisions
The Air Navigation (Charges) Regulations (Amendment) 1991 No. 237 makes specific amendments to the existing Air Navigation (Charges) Regulations, as provided under the Air Navigation (Charges) Act 1952. Section 12 of the original Regulations, which outlines the rate of landing charges, is altered by this amendment, with the new rates coming into effect on 1 August 1991. These amendments are made to reflect the current financial support status of certain aerodromes and to ensure that the charges levied are in line with the costs incurred by the Commonwealth. The amendment effectively removes any aerodromes that are no longer financially supported by the Commonwealth from the list of aerodromes subject to the landing charges.
The obligations imposed by these Regulations on the parties involved are primarily related to the payment of the updated landing charges. Aerodromes that are subject to the amended Regulations must now charge aircraft landing fees according to the new rates set out in the Schedule. Operators and owners of aircraft landing at these aerodromes are required to pay these charges as per the updated rates. The changes ensure that the charges reflect the actual costs incurred by the Commonwealth in maintaining and operating these aerodromes, especially those that are Commonwealth-funded or supported under the Local Ownership Plan.
The consequences for non-compliance with the new Regulations are not explicitly stated in the Explanatory Statement. However, under the general provisions of the Air Navigation (Charges) Act 1952, failure to adhere to the stipulated charges could result in legal action being taken against the defaulting parties. While the specific penalties are not detailed in the amendment, it is reasonable to assume that penalties could include fines or other civil actions. Additionally, persistent non-compliance might lead to more severe repercussions, such as legal proceedings or restrictions on aerodrome usage, depending on the severity and intent behind the non-compliance.