Air Navigation (Charges) Regulations (Amendment)

Overview

The Air Navigation (Charges) Regulations (Amendment) 1991 No. 427, issued under the authority of the Minister for Shipping and Aviation Support, amends the Air Navigation (Charges) Regulations 1991 to address the need for updated financial support structures and charge rates at various aerodromes. This amendment to the Air Navigation (Charges) Act 1952 responds to the evolving financial landscape and operational costs associated with maintaining and operating aerodromes within Australia. By removing aerodromes that are no longer financially supported by the Commonwealth, and updating the relevant State references, the amendment ensures that the regulatory framework remains accurate and relevant. Furthermore, the increase in maximum charge rates aims to better reflect the current cost and revenue dynamics at aerodromes, thereby facilitating a progressive movement towards full cost recovery on a location-specific basis. These amendments reflect a policy objective of aligning regulatory charges with actual operational costs while maintaining a clear and updated framework for aerodrome management and financial accountability.

Scope and Application

The Air Navigation (Charges) Regulations (Amendment) 1991 No. 427 applies to charges for landing 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. The legislation pertains to the entities responsible for the aerodromes and the conduct associated with the landing of aircraft at these aerodromes. Geographically, it covers aerodromes within Australia, with specific reference to the relevant state within which the aerodrome is located, as previously noted in the Senate Standing Committee on Regulations and Ordinances. The Act extends its reach by allowing the Governor-General to make regulations under the Air Navigation (Charges) Act 1952, with the amendments outlined in the Statutory Rules further defining and adjusting the rates and conditions of these charges. The amendments introduced by the Regulations primarily adjust the rates of charges to reflect updated cost and revenue information, ensuring a more location-specific recovery of costs.

Key Provisions

The primary operative sections of the Air Navigation (Charges) Regulations (Amendment) 1991 No. 427 pertain to the modifications introduced to the Air Navigation (Charges) Regulations (the Regulations) under the Air Navigation (Charges) Act 1952 (the Act). Section 6(1) of the Act empowers the Governor-General to make regulations, which in this case, amend the existing Schedule of landing charges at various aerodromes. The Act also stipulates that landing charges are payable in accordance with the Regulations, as outlined in section 5. The rates of these charges are detailed in regulation 12 and the Schedule, which are subject to the amendments described. The Regulations impose specific obligations on parties and entities governed by the Act. Primarily, the amendments require the removal of aerodromes from the Schedule that are no longer financially supported by the Commonwealth. Furthermore, the new Schedule references the relevant State within which each aerodrome is located, addressing concerns raised by the Senate Standing Committee on Regulations and Ordinances. Additionally, the amendments increase the maximum rates of charge at Local Ownership Plan aerodromes and Commonwealth aerodromes, and adjust charges at other aerodromes based on updated cost and revenue information. These changes aim to progressively move towards full recovery of costs on a location-specific basis. The Act and the amended Regulations impose consequences for non-compliance with the provisions regarding landing charges. While the explanatory statement does not explicitly outline the penalties for breach, it is reasonable to infer that breaches of the Act could lead to civil or criminal consequences. Given the context of aviation and the need for compliance with regulatory standards, penalties may include fines or other civil remedies, and potentially criminal charges if the breaches are deemed to be of a serious nature. The exact penalties would be determined by the relevant courts or tribunals based on the specific circumstances of the breach.