Airports Amendment Act 1999

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

Legislation au C2004A00413 In force Act

Legislation content

 

 

 

 

Airports Amendment Act 1999

 

No. 19, 1999

 

 

 

 

Airports Amendment Act 1999

 

No. 19, 1999

 

 

 

 

An Act to amend the Airports Act 1996, and for other purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendment of the Airports Act 1996

 

Airports Amendment Act 1999

No. 19, 1999

 

 

 

An Act to amend the Airports Act 1996, and for other purposes

[Assented to 19 April 1999]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Airports Amendment Act 1999.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Airports Act 1996

 

1  Section 5 (definition of airport lease)

Repeal the definition, substitute:

airport lease:

 (a) means a lease of the whole or a part of an airport site, where the Commonwealth is the lessor; and

 (b) when used in relation to an airport—means a lease of the whole or a part of the airport site of the airport, where the Commonwealth is the lessor.

2  Section 5 (definition of interest)

Omit “does not include a sublease.”, substitute:

to avoid doubt, does not include, and is taken never to have included:

 (a) a sublease; or

 (b) a licence; or

 (c) an easement or other incorporeal hereditament; or

 (d) a restrictive covenant.

3  At the end of section 68

Add:

 (2) For the purposes of subsection (1), the boundaries of an airport are the boundaries of the airport site for the airport.

4  At the end of section 114

Add:

 (2) For the purposes of subsection (1), the boundaries of an airport are the boundaries of the airport site for the airport.

5  At the end of section 131A

Add:

 (2) For the purposes of subsection (1), the boundaries of an airport are the boundaries of the airport site for the airport.

6  At the end of section 140

Add:

 (2) For the purposes of subsection (1), the boundaries of an airport are the boundaries of the airport site for the airport.

7  At the end of section 151

Add:

 (2) For the purposes of subsection (1), the boundaries of an airport are the boundaries of the airport site for the airport.

8  At the end of section 160

Add:

• An airport lease may be varied by reducing the leased area.

9  Subsection 161(1)

Omit “other than a joint‑user airport”.

Note: The heading to subsection 161(1) is omitted.

10  Subsection 161(2)

Repeal the subsection.

11  After section 163

Insert:

163A  Variation of airport lease—reducing leased area

 (1) If the holder of an airport lease requests the Minister to vary the lease by reducing the leased area as specified in the request, the Minister may, by notice published in the Gazette, determine that the lease is varied in accordance with the request. The determination has effect accordingly.

 (2) This Act does not prevent the Commonwealth from paying consideration to the holder of the airport lease for the variation.

 (3) The relevant land registration official may make such entries or notations in or on registers or other documents kept by the official (in electronic form or otherwise) as the official thinks appropriate for drawing the attention of persons to the variation. For this purpose, the relevant land registration official is the Registrar of Titles or other proper officer of the State or Territory in which the airport is situated.

 (4) This section does not, by implication, prevent the variation of an airport lease otherwise than under this section.

 (5) This section does not, by implication, limit the operation of section 163.

12  At the end of section 169

Add:

 (2) For the purposes of subsection (1), the boundaries of an airport are the boundaries of the airport site for the airport.

13  At the end of section 182 (before the note)

Add:

 (d) operating a source of artificial light, where:

 (i) the intensity of the light emitted exceeds the level ascertained in accordance with the regulations; and

 (ii) the light is capable of blinding or confusing pilots of aircraft operating in the prescribed airspace;

 (e) operating prescribed plant, or a prescribed facility, that reflects sunlight, where:

 (i) the intensity of the reflected sunlight exceeds the level ascertained in accordance with the regulations; and

 (ii) the reflected sunlight is capable of blinding pilots of aircraft operating in the prescribed airspace;

 (f) an activity that results in air turbulence, where:

 (i) the level of the turbulence exceeds the level ascertained in accordance with the regulations; and

 (ii) the turbulence is capable of affecting the normal flight of aircraft operating in the prescribed airspace;

 (g) an activity that results in the emission of smoke, dust or other particulate matter, where:

 (i) the emission exceeds the level ascertained in accordance with the regulations; and

 (ii) the smoke, dust or particulate matter is capable of affecting the ability of aircraft to operate in the prescribed airspace in accordance with Visual Flight Rules;

 (h) an activity that results in the emission of steam or other gas, where:

 (i) the emission exceeds the level ascertained in accordance with the regulations; and

 (ii) the steam or gas is capable of affecting the ability of aircraft to operate in the prescribed airspace in accordance with Visual Flight Rules.

14  At the end of section 182 (after the note)

Add:

 (2) Regulations must not be made for the purposes of paragraph (1)(d), (e), (f), (g) or (h) unless it is in the interests of the safety, efficiency or regularity of existing or future air transport operations to do so.

 (3) Paragraphs (1)(d), (e), (f), (g) and (h) do not apply to:

 (a) an ordinary domestic or household activity; or

 (b) anything arising out of the operation of an aircraft.

 (4) In this section:

Chicago Convention means the Convention on International Civil Aviation concluded at Chicago on 7 December 1944, as amended by the Protocols referred to in subsection 3A(2) of the Air Navigation Act 1920.

Visual Flight Rules means Visual Flight Rules set out in Annex 2 to the Chicago Convention.

15  Paragraph 187(1)(a)

After “controlled activity”, insert “referred to in paragraph 182(1)(a), (b) or (c)”.

16  Subsection 192(5) (definition of designated period)

Repeal the definition, substitute:

designated period, in relation to a core regulated airport, means:

 (a) the 12-month period beginning at whichever of the following times is applicable:

 (i) if, at any time, an airport lease for the airport was granted under section 21 of the Airports (Transitional) Act 1996 to a company—the sale time for that company (within the meaning of that Act);

 (ii) if, at any time, an airport lease for the airport was granted under section 22 of the Airports (Transitional) Act 1996—the time of the grant of that lease; or

 (b) if the ACCC, by written determination, specifies a longer period in respect of the airport—that longer period.

17  At the end of section 192

Add:

 (6) The period specified in respect of an airport in a determination under paragraph (b) of the definition of designated period in subsection (5) must not be longer than the 24-month period beginning at whichever of the following times is applicable:

 (a) if, at any time, an airport lease for the airport was granted under section 21 of the Airports (Transitional) Act 1996 to a company—the sale time for that company (within the meaning of that Act);

 (b) if, at any time, an airport lease for the airport was granted under section 22 of the Airports (Transitional) Act 1996—the time of the grant of that lease.

18  Application—section 192 of the Airports Act 1996

The amendment of section 192 of the Airports Act 1996 made by this Schedule does not apply to an airport if a determination relating to the airport was made under subsection (1) of that section before the commencement of this item.

19  After subsection 194(1)

Insert:

 (1A) For the purposes of subsection (1), the boundaries of an airport are the boundaries of the airport site for the airport.

________________________________________________________________________________________

 

[Minister’s second reading speech made in—

House of Representatives on 11 February 1999

Senate on 10 March 1999]

 

(3/99)


 

 

 

Overview

The Airports Amendment Act 1999 was enacted by the Parliament of Australia to amend the Airports Act 1996 and address several issues related to the management and regulation of airports within Australia. This Act introduces changes to the definitions and scope of certain terms, including "airport lease" and "interest", to clarify the legal framework surrounding airport operations. Additionally, it provides mechanisms for varying airport leases by reducing the leased area, which addresses a need for more flexible lease arrangements that can adapt to changing operational requirements. The Act also updates the provisions governing activities that may affect the safety of aircraft operations around airports, such as the emission of light, sunlight reflection, air turbulence, smoke, dust, steam, or other gases, ensuring that these activities are regulated in the interests of aviation safety. The policy objective of the Act is to enhance the regulatory environment for airports in Australia, ensuring they operate efficiently while maintaining high safety standards. The Airports Amendment Act 1999 includes several amendments to the Airports Act 1996, aiming to refine the legal definitions and operational guidelines for airports. By clarifying the scope of airport leases and the types of interests they cover, the Act ensures a more precise application of the law. The introduction of provisions allowing for the reduction of leased areas provides flexibility in managing airport sites, which can be crucial for accommodating evolving airport needs. Furthermore, the Act strengthens the regulation of activities that could potentially endanger aircraft operations, by providing a clear legal basis for controlling such activities. This ensures that the safety and efficiency of air transport operations are prioritised, aligning with broader aviation safety objectives.

Scope and Application

The Airports Amendment Act 1999 amends the Airports Act 1996, introducing several modifications to the regulatory framework governing Australian airports, particularly focusing on airport leases, the definition of interests, and the scope of activities that may affect aviation safety. This legislation applies to airport leases where the Commonwealth is the lessor and seeks to clarify and restrict the types of interests that can be included under the definition of an airport lease. The Act also addresses the boundaries of an airport for various legal purposes, ensuring they align with the airport site boundaries. Additionally, the Act expands the scope of activities that can be regulated to protect aviation safety, including the operation of artificial light sources, reflective surfaces, and activities causing air turbulence or emissions, unless they are ordinary domestic or household activities or arise from aircraft operations. The Act applies nationally, as it is a Commonwealth legislation, and it extends its application through subordinate instruments, such as regulations that may be made under the amended Act. Notably, the Act does not apply to airports for which a determination under section 192 of the Airports Act 1996 was made before the Act's commencement.

Key Provisions

The Airports Amendment Act 1999 primarily serves to amend the Airports Act 1996 by introducing several key changes. Section 1 redefines "airport lease" to clarify that it applies to leases of airport sites where the Commonwealth is the lessor (section 5). The amendment also removes ambiguity by specifying that the definition of "interest" does not include subleases, licenses, easements, or restrictive covenants (section 5). Further, the Act modifies the interpretation of airport boundaries by aligning them with the airport site boundaries in multiple sections, including sections 68, 114, 131A, 140, 151, and 169. Additionally, it introduces a new section 163A, allowing the Minister to vary an airport lease by reducing the leased area upon request, subject to publication in the Gazette (section 11). The Act also adds new prohibited activities around airports, such as operating sources of artificial light, reflecting sunlight, causing air turbulence, or emitting smoke, dust, steam, or other gases that could interfere with aircraft operations (section 182). The Airports Amendment Act 1999 imposes several obligations and requirements on the parties involved. Primarily, it mandates that the boundaries of an airport, for the purposes of various sections, are to be understood as the boundaries of the airport site. This is reiterated in sections 68, 114, 131A, 140, 151, 169, and 194(1A). The Act also requires that any regulations concerning the new prohibited activities (sections 182(1)(d) to (h)) must be made in the interest of aviation safety, efficiency, or regularity. Furthermore, it stipulates that these new prohibitions do not apply to ordinary domestic or household activities or activities arising from aircraft operations. The Act further imposes an obligation on the Australian Competition and Consumer Commission (ACCC) to ensure that any period specified for a designated period under section 192 does not exceed 24 months from the relevant commencement date of an airport lease. The Airports Amendment Act 1999 establishes several offences and penalties for breaches of its provisions. For instance, operating a source of artificial light, reflecting sunlight, causing air turbulence, or emitting smoke, dust, steam, or other gases that interfere with aircraft operations are prohibited activities under section 182. Breaches of these prohibitions could result in legal consequences, although specific penalties are not detailed in the Act. Additionally, any variation of an airport lease under section 163A must be published in the Gazette, and failure to do so could render the variation ineffective. While the Act does not specify criminal or civil penalties for these breaches, they are likely to be governed by the general legal framework applicable to violations of aviation safety regulations in Australia.

Legal classification tags

Area of Law
Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Regulatory Standards

Interactions

Authorises

All Versions

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.