Airports Amendment (Airport Sites) Regulation 2016

Overview

The Airports Amendment (Airport Sites) Regulation 2016, enacted by the Parliament of Australia, amends the Airports Regulations 1997 to address discrepancies in the descriptions of federal leased airport sites due to changes in State and Territory land title registers. This regulation responds to the evolving nature of land titles and administrative processes that have altered airport site boundaries or descriptions. By updating the descriptions in Schedule 1 of the Principal Regulations, the amendment ensures the regulatory framework remains accurate and effective. Additionally, the regulation removes a redundant reference from the Principal Regulations, streamlining the legal text. The Minister for Infrastructure and Transport consulted with Airport Lessee Companies to obtain their written consent as required by the Airports Act 1996, ensuring all stakeholders are aligned with the regulatory updates. The Office of Best Practice Regulation confirmed the minor nature of these changes, negating the need for a Regulatory Impact Statement.

Scope and Application

The Airports Amendment (Airport Sites) Regulation 2016 amends the Airports Regulations 1997 to reflect changes in State and Territory land title registers for all federal leased airports. This adjustment is necessary to ensure that the descriptions of airport sites accurately correspond with the current boundaries and administrative details as maintained in land title registers. The Regulation applies to the 21 leased federal airport sites and the Sydney West Airport site, affecting the Airport Lessee Companies (ALCs) that operate under leases with the Commonwealth. The changes are made pursuant to Section 252 of the Airports Act 1996, which allows the Governor-General to issue regulations required or permitted by the Act, and it requires the consent of the ALCs before varying the airport sites, as stipulated in Section 161(1) of the Act. These Regulations are a legislative instrument under the Legislative Instruments Act 2003 and come into effect on the day following their registration on the Federal Register of Legislative Instruments. The minor corrections made do not extend or restrict the application of the Act, nor do they create any significant impact on human rights as declared in the Statement of Compatibility with Human Rights.

Key Provisions

The Airports Amendment (Airport Sites) Regulation 2016 amends the descriptions of airport sites as set out in Schedule 1 to the Airports Regulations 1997 (paragraph 1). This amendment reflects the changes in State and Territory land title registers for all federal leased airports, ensuring that the descriptions of the airport sites are up-to-date and accurate (section 1). Additionally, the Regulations make minor corrections to certain provisions in the Principal Regulations, including the removal of a redundant reference in subregulation 1.03(2)(b) of the Principal Regulations (paragraph 2). The changes are necessary due to transfers of land affecting airport sites, which have altered the boundaries, and due to administrative changes in site descriptions resulting from changes in administrative processes at land title registries (paragraph 3). Under the Airports Act 1996, the Governor-General has the authority to make regulations prescribing matters required or permitted by the Act (section 252). The Regulations require the consent of the Airport Lessee Companies (ALCs) before varying the airport sites, as mandated by section 161(1) of the Act. All ALCs were consulted, providing them with a list of the certificates of title and details of the proposed Regulations. Where the list differed from that in the Principal Regulations, each ALC provided a response to the correspondence, either providing their consent to the amendment or raising questions about the list, which were addressed prior to obtaining their consent (paragraph 4). The Office of Best Practice Regulation (OBPR) also confirmed that a Regulatory Impact Statement was not required due to the minor impacts of the Regulations (OBPR ID 18814). The Regulations impose specific obligations on the parties and entities they govern. The primary obligation is for the Governor-General to ensure that the amended descriptions of the airport sites accurately reflect the changes in State and Territory land title registers. This is critical to maintaining the accuracy and integrity of the airport sites' descriptions. Additionally, the Regulations require the ALCs to provide written consent to the amendments made to the airport sites, as stipulated in section 161(1) of the Act. Failure to comply with these obligations could result in the Regulations being ineffective or unenforceable (paragraph 5). The Regulations also require the ALCs to respond to the correspondence provided by the Commonwealth, ensuring that any discrepancies in the certificates of title are addressed before consent is given (paragraph 6). The Airports Amendment (Airport Sites) Regulation 2016 does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with the obligations imposed by the Regulations could lead to the amended descriptions of the airport sites not being accurately reflected, potentially resulting in legal disputes or enforcement actions. Given the minor nature of the amendments, it is unlikely that significant penalties would be applicable, but any breach of the Regulations could still have legal ramifications. The minor impacts assessment by the OBPR suggests that the consequences of non-compliance are not severe, but the importance of adherence to the Regulations remains crucial for the accurate management and administration of the federal leased airports (paragraph 7).