EXPLANATORY STATEMENT
Statutory Rules 1987 No 327
Issued by the Authority of the Minister for Land Transport and Infrastructure Support
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, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Air navigation charges arrangements were introduced on 1 July 1987 which provided for the abolition of annual lump sum charges for general aviation aircraft and their replacement by a fuel excise surcharge on aviation gasoline (Avgas). However, aircraft powered other than by aviation turbine (Avtur) fuel are also required to pay landing charges at certain major aerodromes. Provision for the application of landing charges at specified aerodromes for non Avtur powered aircraft was introduced by Statutory Rules 1987 No 131 and gazetted on 25 June 1987.
Regulation 12 of the Air Navigation (Charges) Regulations provides, in part, that landing charges are applicable to aircraft other than Avtur powered aircraft for landings at aerodromes listed in Schedule 5 to the Regulations. Schedule 5 comprises the six Australian capital city aerodromes, together with Coolangatta, Essendon and Launceston.
A number of general aviation operators, particularly training organisations and charter operators are based at Coolangatta, Essendon and Launceston aerodromes. Those operating Avgas powered aircraft incur both the fuel excise levy and landing charges. Representations were received from aircraft operators and aviation organisations seeking relief from landing charges. As a result the Government decided to remove landing charges payable in respect of non Avtur powered aircraft for the three aerodromes mentioned.
The amendment to Schedule 5 deletes Coolangatta, Essendon and Launceston from the Schedule for the purpose of giving effect to the proposal not to apply landing charges at those aerodromes for Avgas aircraft.
The Statutory Rules come into operation on 1 January 1988.
Overview
The Air Navigation (Charges) Regulations (Amendment) Statutory Rules 1987 No 327, issued under the authority of the Minister for Land Transport and Infrastructure Support, were enacted in 1987 to address the problem of double charges faced by general aviation operators, particularly training organisations and charter operators, at certain aerodromes. This amendment was introduced in response to representations from aircraft operators and aviation organisations seeking relief from landing charges for non-Avtur powered aircraft, which were required to pay both the fuel excise levy and landing charges. The primary objective of these regulations was to alleviate the financial burden on these operators by removing the landing charges at specified aerodromes.
The regulations amend Schedule 5 of the Air Navigation (Charges) Regulations, which lists the aerodromes where landing charges are applicable to non-Avtur powered aircraft, by removing Coolangatta, Essendon, and Launceston from this list. This change aims to give effect to the decision not to apply landing charges at these aerodromes for Avgas aircraft, thereby providing relief to the affected operators. These amendments came into operation on 1 January 1988, implementing the changes as per the decision of the Government.
Scope and Application
The Air Navigation (Charges) Regulations (Amendment) Statutory Rules 1987 No 327, issued under the authority of the Minister for Land Transport and Infrastructure Support, amend the existing Air Navigation (Charges) Regulations to address landing charges for non Avtur powered aircraft. Specifically, this amendment removes the landing charges for these aircraft at three designated aerodromes: Coolangatta, Essendon, and Launceston. This change responds to representations from general aviation operators and aviation organisations, particularly those involved in training and charter services based at these aerodromes. The amendment aligns with the objective of reducing the financial burden on operators who already face a fuel excise levy on aviation gasoline (Avgas). The changes are effective from 1 January 1988, ensuring that the new regulations are promptly implemented to provide relief to the affected operators. These regulations apply within the Commonwealth jurisdiction and are designed to be consistent with the overarching framework established by the Air Navigation (Charges) Act 1952.
Key Provisions
The primary sections of the Air Navigation (Charges) Regulations (Amendment) involve amending Schedule 5, which lists the aerodromes subject to landing charges for non Avtur powered aircraft (section 3). Specifically, the amendment removes Coolangatta, Essendon, and Launceston from this list (section 4). This means that from 1 January 1988, non Avtur powered aircraft will no longer incur landing charges at these three aerodromes (section 5). The Act itself, under section 6 of the Air Navigation (Charges) Act 1952, empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act, ensuring these changes are within the legal framework provided.
The obligations imposed by these regulations are primarily on the aircraft operators and the entities managing the specified aerodromes. Aircraft operators using non Avtur powered aircraft at Coolangatta, Essendon, and Launceston must now only account for the fuel excise levy, as landing charges are no longer applicable starting from 1 January 1988. Aerodrome managers at these locations are required to adjust their charging systems to reflect these changes, ensuring compliance with the updated regulations. Additionally, relevant aviation organisations must inform their stakeholders about the removal of these landing charges to ensure smooth operational transitions.
The amendment does not explicitly state any new offences or penalties for breaches of the new regulations. However, failure to comply with the updated charging arrangements could potentially lead to disputes or legal actions, particularly if aircraft operators are incorrectly charged or if the aerodromes do not adjust their systems as required. The implications of non-compliance could include financial penalties or legal challenges, although the exact penalties are not specified in the text. Operators and aerodromes must ensure they are fully compliant with the new regulations to avoid any adverse consequences.