Airports Amendment (Melbourne Airport Site Measures No. 2) Regulations 2018

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

Legislation au F2018L01145 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 
Minute No.2018/21 - Deputy Prime Minister and Minister for Infrastructure and Transport
 
Subject - Airports Act 1996
 
Airports Amendment (Melbourne Airport Site Measures No. 2)    Regulations 2018

 

The Airports Act 1996 (the Act) establishes a regulatory framework for the leased federal airports.

 

Section 252 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Regulation 1.03 of the Airports Regulations 1997 (the principal Regulations) declares airport sites for the purposes of section 5 of the Act.  The Melbourne (Tullamarine) Airport site is the area comprising the parcels of land specified in Part 1.14 of Schedule 1 to the principal Regulations.

 

The Airports Amendment (Melbourne Airport Site Measures No. 2) Regulations 2018 (the Regulations) update the description of the Melbourne (Tullamarine) Airport site, as set out in clause 14 of Schedule 1 to the principal Regulations, by inserting descriptions of several access roads associated with land already part of the Melbourne (Tullamarine) Airport site.

 

This enables development on the subject land to be considered as part of a Major Development Plan under section 89 of the Act.

 

Specifically, the roads are required to support a proposed new parallel east-west runway. This runway was foreshadowed in Melbourne Airport’s 2013 Master Plan, which was subject to extensive community consultation and approved on 18 December 2013.

 

The roads:

  • total approximately 84130m²
  • are located at:
    • Crown Allotment 2007, Parish of Tullamarine, being general law land, as contained within Conveyance Book 453 No. 366
    • Victorian certificate of title Volume 11857 Folio 276, being Lot 1 on Title Plan 962272K
    • Victorian certificate of title Volume 11857 Folio 290, being Lot 1 on Title Plan 962273H
  • are being compulsorily acquired by the Commonwealth to facilitate the expansion of Melbourne (Tullamarine) Airport and anticipated aviation development, to meet predicted passenger growth.

 

The roads only provide access to land that is already part of the Melbourne (Tullamarine) Airport site.

Section 251B of the Act allows the making of a regulation amending a Part of Schedule 1 by inserting a description of land even if, at the time the amending regulation commences, the land is not owned by the Commonwealth.  

 

Subsection 161(1) of the Act provides that if there is an airport lease relating to an airport site for an airport, the Governor-General must not make any regulations varying the site unless the lessee has given written consent to the making of those regulations. Australian Pacific Airports (Melbourne) Pty. Ltd. provided this written consent on 15 May 2018.  

 

An additional minor amendment has also been made to update the Victorian certificate of title Volume and Folio numbers for table item 35A of clause 14 of Schedule 1 to the principal Regulations.

A statement from the Office of Best Practice Regulation noting there is no requirement for a Regulatory Impact Statement due to minor impacts has been obtained (OBPR ID 18814 and 17818).

 

Details of the Regulations are set out in Attachment A.

 

The Statement of Compatibility with Human rights is set out in Attachment B.

 

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

 

The Regulations commence the day after they are registered on the Federal Register of Legislative Instruments.

 

Authority: Section 252 of the

Airports Act 1996

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT A

 

Details of the Airports Amendment (Melbourne Airport Site Measures No. 2) Regulations 2018

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Airports Amendment (Melbourne Airport Site Measures No. 2) Regulations 2018.

 

Section 2 - Commencement

 

This section provides for the Regulations to commence the day after they are registered on the Federal Register of Legislative Instruments.

 

Section 3 - Authority

 

This section provides that the Airports Amendment (Melbourne Airport Site Measures No. 2) Regulations 2018 are made under the Airports Act 1996.

 

Section 4 - Schedules

 

This section provides 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 – After paragraph 14(a) of Schedule 1

 

This item provides that the following land description be inserted after paragraph 14(a) of Schedule 1:

 

  • the land in Crown Allotment 2007, Parish of Tullamarine, being general law land, as contained within Conveyance Book 453 No. 366

 

Item 2 – Clause 14 of Schedule 1 (table item 35A)

 

This item provides that table item 35A of clause 14 of Schedule 1 be repealed. 

 

Item 3 – Clause 14 of Schedule 1 (at the end of the table)

 

This item provides that the following land descriptions be added at the end of the table of clause 14 of Schedule 1:

 

  • Victorian certificate of title Volume 11857 Folio 276, being Lot 1 on Title Plan 962272K
  • Victorian certificate of title Volume 11857 Folio 290, being Lot 1 on Title Plan 962273H
  • Victorian certificate of title Volume 11994 Folio 306, being Lot 1 on Plan of Subdivision 129124

 


ATTACHMENT B

 

Statement of Compatibility with Human Rights

 

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

 

Airports Amendment (Melbourne Airport Site Measures No. 2) Regulations 2018

This 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 this Legislative Instrument

This Legislative Instrument amends the principal Regulations to:

  • update the description of the Melbourne (Tullamarine) Airport site, as set out in clause 14 of Schedule 1 to the principal Regulations, by inserting descriptions of several access road associated with land already part of the Melbourne (Tullamarine) Airport site; and

 

  • update the Victorian certificate of title Volume and Folio numbers for table item 35A of clause 14 of Schedule 1 to the principal Regulations.

 

Human rights implications

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

 

Conclusion

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

 

MICHAEL MCCORMACK

Deputy Prime Minister and Minister for Infrastructure and Transport

Overview

The Airports Amendment (Melbourne Airport Site Measures No. 2) Regulations 2018 were enacted to address the need for an updated description of the Melbourne (Tullamarine) Airport site, as outlined in clause 14 of Schedule 1 to the principal Airports Regulations 1997. The Airports Act 1996, administered by the Commonwealth Parliament, establishes a regulatory framework for leased federal airports, and section 252 of this Act empowers the Governor-General to make regulations necessary or convenient to carry out or give effect to the Act. The policy objective of these Regulations is to facilitate the development of several access roads that are integral to the proposed new parallel east-west runway at Melbourne (Tullamarine) Airport. This runway was part of Melbourne Airport’s 2013 Master Plan, which was approved following extensive community consultation. The inclusion of these roads allows for their development to be considered under a Major Development Plan as per section 89 of the Act, ensuring the airport can meet anticipated passenger growth.

Scope and Application

The Airports Amendment (Melbourne Airport Site Measures No. 2) Regulations 2018 applies to the Melbourne (Tullamarine) Airport site, particularly in relation to updating the description of the airport site to include several access roads integral to the airport's expansion, specifically for the proposed new parallel east-west runway. These regulations are made under the Airports Act 1996, which establishes a regulatory framework for leased federal airports. The amendment is necessary to facilitate the inclusion of these roads in the Major Development Plan as per section 89 of the Act. The regulations apply to the land located at Crown Allotment 2007, Parish of Tullamarine, and the specific Victorian certificates of title mentioned in the regulations. The scope of these regulations is confined to the Commonwealth and does not extend beyond the specified Melbourne Airport site. Australian Pacific Airports (Melbourne) Pty. Ltd., the lessee of the airport, provided written consent for these amendments, as required by subsection 161(1) of the Act. The minor nature of the changes means that no Regulatory Impact Statement was necessary, as confirmed by the Office of Best Practice Regulation.

Key Provisions

The Airports Amendment (Melbourne Airport Site Measures No. 2) Regulations 2018 (the Regulations) primarily amend the Airports Regulations 1997 by updating the description of the Melbourne (Tullamarine) Airport site. This update includes the addition of several access roads, which total approximately 84,130 square metres, to support a proposed new parallel east-west runway. This runway was detailed in Melbourne Airport’s 2013 Master Plan, which underwent extensive community consultation and was approved on December 18, 2013. The roads are located at specific parcels of land, identified by Crown Allotment 2007, Parish of Tullamarine, and are intended to facilitate the expansion of Melbourne (Tullamarine) Airport to meet anticipated passenger growth. Additionally, the Regulations correct the Victorian certificate of title Volume and Folio numbers for table item 35A of clause 14 of Schedule 1 to the principal Regulations. The Regulations impose specific obligations on the parties involved, particularly concerning the expansion and development of the Melbourne (Tullamarine) Airport site. Australian Pacific Airports (Melbourne) Pty. Ltd., the lessee of the airport site, provided written consent for these amendments, as required under subsection 161(1) of the Airports Act 1996. The inclusion of the access roads within the airport site description ensures that any development on this land can be considered as part of a Major Development Plan under section 89 of the Act. The roads are exclusively for providing access to land already part of the airport site, facilitating the construction and operational needs of the new runway. Failure to comply with the provisions of the Airports Amendment (Melbourne Airport Site Measures No. 2) Regulations 2018 could result in legal consequences. While the explanatory statement does not specify particular offences or penalties, breaches of regulations under the Airports Act 1996 can generally lead to civil or criminal penalties. Civil penalties may include fines, while criminal penalties can range from fines to imprisonment, depending on the severity and nature of the breach. The specific penalties would be determined based on the applicable sections of the Act and any related legislation. The Regulations are a legislative instrument under the Legislation Act 2003 and come into effect the day after they are registered on the Federal Register of Legislative Instruments.

Legal classification tags

Area of Law
Property Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Transitional Provisions

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.