EXPLANATORY STATEMENT
Statutory Rules 1986 No 169
Issued by the Authority of the Minister for Aviation
AIR NAVIGATION (CHARGES) REGULATIONS (AMENDMENT)
Paragraph 4(1)(a) and section 10 of the Air Navigation (Charges) Amendment Act 1984 (“the Amendment Act”) were proclaimed to commence on 1 July 1986. These provisions paved the way for introduction of a new system of separate airport and airways charges to be specified in regulations. The new system replaces the system of air navigation charges (ANCs) provided for under Schedules to the Air Navigation (Charges) Act 1952 (“the Act”).
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, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Paragraph 6(2)(b) provides that regulations may enable specified classes of documents to be prima facie evidence of movements of aircraft for the purpose of establishing liability to charges under the Act Paragraph 6(2)(d) provides that the regulations may impose fines, not exceeding $1000, in respect of offences against the regulations.
Prior to 1 July 1986, ANCs were payable in accordance with Schedules to the Act in, respect of 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. In accordance with those Schedules, a single charge per flight in the case of airlines (Schedule 1), a lump sum per annum in the case of domestic general aviation aircraft (Schedule 2) and a weekly charge in the case of international general aviation (Schedule 3) were payable for the use of facilities and services provided by the Commonwealth.
Paragraph 4(1)(a) of the Amendment Act amended subsection 5(1) of the Act to provide that ANCs are payable in accordance with the regulations. Section 10 of the Amendment Act repealed the Schedules.
The Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 included an amendment of sub-section 5(1) of the Act to clarify the Commonwealth’s ability to impose charges for use of aerodromes owned by local authorities under the Aerodrome Local Ownership Plan. The amendment was expressed to commence, or to be deemed to have commenced on the date of commencement of paragraph 4(1)(a) of the Amendment Act.
The regulations implement new charging arrangements. Under the new system 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. Landing charges are to be applied in respect of the operations of any other Australian registered aerial work or charter aircraft weighing 25,000 kilogrammes or more. Landing charges are based on aircraft weight and frequency of movement and reflect more closely the cost of using aerodrome facilities, terminal navigation facilities and rescue and fire fighting services.
An en-route movement charge based on aircraft weight and distance is also payable in respect of international flights for use of air route and airway facilities operated in Australia.
A weekly charge is payable in respect of international general aviation aircraft, based on aircraft weight and length of stay in Australia
Under the regulations certain Australian general aviation aircraft will continue to pay an annual charge pending further consultations with industry to develop a smooth transition to new charging arrangements. The aircraft that continue to attract annual charges are aerial work and charter aircraft weighing less than 25,000 kilogrammes; all private aircraft; and certain aircraft that are engaged in limited regular public transport operations and are not subject to landing charges.
The proposed regulations took effect on 1 July 1986, the day on which paragraph 4(1)(a) and section 10 of the Amendment Act were proclaimed to commence.