Aircraft Noise Levy Collection Act 1995 - Declaration of Leviable Airports - Adelaide Airport (15/02/2001)

Overview

The Aircraft Noise Levy Collection Act 1995 was enacted by the Parliament of Australia to address the issue of aircraft noise, particularly in the vicinity of airports. This legislation provides a framework for the collection of levies from airlines in relation to aircraft noise at specified airports. The policy objective is to manage and mitigate the environmental impact of aircraft noise, ensuring that the costs associated with noise pollution are fairly distributed and contribute to initiatives that reduce the noise footprint of aviation. The Act empowers the Assistant Treasurer to designate airports as leviable, based on criteria such as noise levels and operational factors, which allows for targeted intervention and management of noise issues. The legislative instrument F2006B00407, dated 15th February 2001, designates Adelaide Airport as a leviable airport from 1 May 2001 to 30 June 2011, highlighting the ongoing need to address and manage aircraft noise through financial mechanisms. This instrument exemplifies the Act’s intent to utilise levies as a tool for environmental protection and community welfare, ensuring that the financial burden of noise mitigation is shared between the aviation industry and the government, thereby supporting broader environmental objectives.

Scope and Application

The Aircraft Noise Levy Collection Act 1995 applies to qualifying airports within the Commonwealth of Australia, specifically identifying Adelaide Airport for the specified period from 1 May 2001 to 30 June 2011. The Act facilitates the collection of an aircraft noise levy at these airports, aiming to mitigate the environmental and health impacts of aircraft noise. The levy is imposed on aircraft operators and passengers, thereby impacting entities involved in commercial aviation operations at the designated airports. The geographic reach of the Act is limited to the specified airports and timeframes, ensuring that the levy is applicable only within the outlined parameters. The Act's application extends to entities such as airlines and other aircraft operators, as well as passengers, who are directly involved in air travel at the identified airports during the specified periods. The levy is intended to fund noise abatement programs and other related initiatives. The Act does not explicitly state exclusions or exemptions, but its application can be further defined or modified through subordinate instruments, which may specify operational details, levy rates, or additional qualifying airports.

Key Provisions

The Aircraft Noise Levy Collection Act 1995 (section 1) primarily sets out the provisions for the collection of an aircraft noise levy from certain airports. The operative section (section 7) empowers the Assistant Treasurer to declare an airport as a leviable airport, which in this case, is Adelaide Airport, for a specified period (section 7(1)). This declaration, made by Rod Kemp on 15 February 2001, identifies Adelaide Airport as a leviable airport from 1 May 2001 to 30 June 2011. The Act imposes specific obligations on the parties it governs, primarily focusing on the collection and management of the aircraft noise levy. Section 3 defines key terms such as "levy," "levy rate," and "leviable airport," providing clarity on what the Act entails. The Assistant Treasurer, under section 7, has the authority to declare an airport as a leviable airport, subject to the conditions outlined in the Act. Additionally, the Act may impose certain reporting and compliance requirements on the airport operator to ensure the proper collection and remittance of the levy to the Commonwealth. There are no specific offences or penalties outlined within the Act itself. However, breaches of any associated regulations or conditions set by the Act could potentially lead to civil or administrative consequences. For example, failure to comply with the reporting requirements or improper handling of the collected levy could result in financial penalties or legal action. The maximum penalties would depend on the specific breach and would be determined in accordance with any relevant legislation or regulations that might be linked to the Act.