Air Navigation (Essendon Fields Airport) Amendment (2021 Measures No. 1) Regulations 2021

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021L01756 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Minute No. 61 of 2021 - Minister for Infrastructure, Transport and Regional Development

 

Subject - Air Navigation Act 1920

 

Air Navigation (Essendon Fields Airport) Amendment (2021 Measures No. 1) Regulations 2021

 

INTRODUCTION

The Air Navigation Act 1920 (the Act) gives effect to the International Convention on Civil Aviation (the Chicago Convention) which regulates all aspects of international air transport.

 

Section 26 of the Act provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed.

 

OUTLINE

The purpose of the Air Navigation (Essendon Fields Airport) Amendment (2021 Measures No. 1) Regulations 2021 (the Regulations), is to make minor amendments to the Air Navigation (Essendon Fields Airport) Regulations 2018 (the 2018 Regulations) to ensure that all current permitted aircraft operations can continue to operate at Essendon Fields Airport.

 

The Civil Aviation Safety Authority (CASA) amended the definition of “regular public transport operation” to “scheduled air transport operation” in their Civil Aviation Safety Regulation (CASR) Dictionary which is part of the Civil Aviation Safety Regulations (CAR).

 

The CASA amendment will unintentionally prohibit certain charter operators from being permitted to operate at Essendon Fields Airport.

 

The Regulations are amended to insert the definition of “regular public transport operation” at section 5 of the Regulations to preserve the existing operations. The Regulations also amend subparagraph 6(2)(b)(iii) to refer to the definition at section 5 of the Regulations.

 

Regulatory impact analysis

The regulatory impact was assessed using the Preliminary Assessment tool approved by the Office of Best Practice Regulation (OBPR). The OBPR considered that the Regulations could be expected to have a minor impact on business and the community. Therefore, a Regulation Impact Statement was not required for these Regulations (OBPR ID 44776).

 

Consultation before making

A public consultation process was not undertaken as this is a minor administrative amendment involving a definition change to ensure it remains the applicable to Essendon Fields Airports operations.

 

Details of the Regulations are set out in Attachment A.

 

A Statement of Compatibility with Human Rights is set out in Attachment B prepared in accordance with section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The Act specifies no conditions that need to be satisfied before the power to make the legislative instrument may be exercised.

 

The Regulations are a legislative instrument for the purpose of the Legislation Act 2003.

 

The Regulations commenced on the day after registration.

 


ATTACHMENT A

 

Details of the Air Navigation (Essendon Fields Airport) Amendment (2021 Measures No. 1) Regulations 2021

 

Section 1 – Name of Regulation

This section provides that the title of the Regulation is the Air Navigation (Essendon Fields Airport) Amendment (2021 Measures No. 1) Regulations 2021.

 

Section 2 – Commencement

This instrument commences on the day after registration.

 

Section 3 –Authority

This section is made under the Air Navigation Act 1920.

 

Section 4 – Schedule

This section specifies that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

Item 1 – Section 5

Section 5 is amended to insert a definition for regular public transport operation referred to at subparagraph 6(2)(b)(iii) of the Regulations. The definition ensures that all current permitted aircraft operations can continue to operate at Essendon Fields Airport.

Item 2 – Subparagraph 6(2)(b)(iii)

Subparagraph 6(2)(b)(iii) is amended to refer to the definition of regular public transport operation at section 5.


ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Air Navigation (Essendon Fields Airport) Amendment (2021 Measures No. 1) Regulations 2021

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

The Air Navigation (Essendon Fields Airport) Amendment (2021 Measures No. 1) Regulations 2021 (the Regulations), make a minor amendment to the Air Navigation (Essendon Fields Airport) Regulations 2018 (the 2018 Regulations).

The Civil Aviation Safety Authority (CASA) amended the definition of “regular public transport operation” to “scheduled air transport operation” in their Civil Aviation Safety Regulation (CASR) Dictionary which is part of the Civil Aviation Safety Regulations (CAR).

The CASA amendment will unintentionally prohibit certain charter operators from being permitted to operate at Essendon Fields Airport.

The Regulations are amended to insert the definition of “regular public transport operation” at section 5 of the Regulations to preserve the existing operations. The Regulations also amend subparagraph 6(2)(b)(iii) to refer to the definition at section 5 of the Regulations.

The amendments do not alter any of the substantive provisions which previously applied.

Human rights implications

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, the Hon Barnaby Joyce MP

Overview

The Air Navigation (Essendon Fields Airport) Amendment (2021 Measures No. 1) Regulations 2021 were enacted to address a gap created by an amendment to the Civil Aviation Safety Regulation (CASR) Dictionary, which inadvertently threatened the operational continuity of certain charter operators at Essendon Fields Airport. This legislative instrument, introduced by the Minister for Infrastructure, Transport and Regional Development, aims to rectify the unintended consequences of the CASR Dictionary amendment by reinstating the definition of "regular public transport operation" within the Air Navigation (Essendon Fields Airport) Regulations 2018. This ensures that the existing permitted aircraft operations can continue to function without disruption. The Regulations were developed under the authority of the Air Navigation Act 1920 and were deemed to have a minor impact on the business and community, thus exempting them from a more rigorous Regulatory Impact Statement. The minor nature of the amendments led to the decision to forgo a public consultation process. The Regulations are a legislative instrument under the Legislation Act 2003 and commenced on the day following their registration. They were assessed for their impact on human rights and found to be compatible with the rights and freedoms recognised in relevant international instruments, as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011. This compatibility was confirmed in a Statement of Compatibility with Human Rights, which is provided as an attachment to the Explanatory Statement. The overarching policy objective of these Regulations is to maintain operational stability at Essendon Fields Airport while adhering to international civil aviation standards.

Scope and Application

The Air Navigation (Essendon Fields Airport) Amendment (2021 Measures No. 1) Regulations 2021 applies to aircraft operations at Essendon Fields Airport and amends the Air Navigation (Essendon Fields Airport) Regulations 2018 to ensure continuity of current permitted operations. These Regulations are a legislative instrument made under the authority of the Air Navigation Act 1920, which governs all aspects of international air transport in Australia in line with the International Convention on Civil Aviation, also known as the Chicago Convention. The Regulations specifically address a definition change made by the Civil Aviation Safety Authority (CASA) which inadvertently affects the operations of certain charter operators at Essendon Fields Airport. By amending the definition of "regular public transport operation" and referencing this in the Regulations, the legislative instrument aims to preserve the existing operations at the airport. The Regulations have a limited geographic reach, applying specifically to Essendon Fields Airport, and do not extend beyond this jurisdiction. The impact of these Regulations is considered minor, and as such, a detailed regulatory impact analysis was conducted, confirming that the amendments would not significantly affect business or the community. There were no stated exclusions or exemptions in the Regulations, and no specific thresholds were noted. The Regulations do not extend or restrict application through subordinate instruments, and they commenced on the day after their registration.

Key Provisions

The Air Navigation (Essendon Fields Airport) Amendment (2021 Measures No. 1) Regulations 2021 (the Regulations) primarily address two key amendments to the existing Air Navigation (Essendon Fields Airport) Regulations 2018 (the 2018 Regulations). Firstly, section 5 of the Regulations introduces a definition for "regular public transport operation" (section 5). This definition ensures that the current operations of charter operators at Essendon Fields Airport are preserved and continue to be permitted. Secondly, subparagraph 6(2)(b)(iii) is amended to refer to the definition of "regular public transport operation" as set out in section 5 of the Regulations (Schedule 1, Item 2). This change aligns the subparagraph with the newly defined term, thereby maintaining the operational status quo at Essendon Fields Airport. The Regulations impose specific obligations on the parties involved, particularly on charter operators and the Civil Aviation Safety Authority (CASA). Charter operators must ensure their operations align with the newly defined "regular public transport operation" to continue their activities at Essendon Fields Airport. CASA, on the other hand, must ensure the definitions and operational allowances within their Civil Aviation Safety Regulations (CAR) do not inadvertently disrupt ongoing operations at the airport. Both entities must adhere to the new definitions and ensure that their respective roles and responsibilities are met as per the Regulations. In terms of potential breaches and penalties, the Regulations themselves do not specify any criminal or civil penalties for non-compliance. However, any failure by charter operators to comply with the operational definitions and requirements could potentially lead to enforcement actions by CASA under the broader framework of the Civil Aviation Safety Regulations. Such actions could include suspension or revocation of operational permits, fines, or other regulatory sanctions as determined by CASA. The precise consequences would depend on the nature and severity of the breach, in line with existing civil aviation safety and regulatory frameworks.

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Aviation Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.