Airports Amendment (Melbourne Airport Site Measures No. 3) Regulations 2018

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

Legislation au F2018L01608 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 
Minute No.2018/37 - Deputy Prime Minister and Minister for Infrastructure and Transport
 
Subject - Airports Act 1996
 
Airports Amendment (Melbourne Airport Site Measures No. 3)    Regulations 2018

 

The Airports Act 1996 (the Act) establishes a regulatory framework for federally leased 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. 3) Regulations 2018 (the proposed Regulations) would update the description of the Melbourne (Tullamarine) Airport site, as set out in clause 14 of Schedule 1 to the principal Regulations, by correcting an error in the description of land.

 

Subsection 161(1) of the Act prevents the making of regulations that vary an airport site, if there is an airport lease for the site, unless the lessee has given written consent. Under section 9.2 of the Memorandum of Understanding (MOU), in relation to the Melbourne Airport Runway Development Program, between the Commonwealth and Australian Pacific Airports (Melbourne) Pty. Ltd. (APAM), dated 13 October 2016, and as amended on 2 May 2018, APAM consents to a variation of the Airport Site to incorporate all or any of the Expansion Land. Paragraph 14(aa) of Schedule 1 was inserted into the principle regulations on 22 August 2018 as expansion land in accordance with the MOU.

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 Legislation.

Authority: Section 252 of the

Airports Act 1996

ATTACHMENT A

 

Details of the Airports Amendment (Melbourne Airport Site Measures No. 3) Regulations 2018

 

Section 1 - Name

 

This section provides that the title of the Regulations is the Airports Amendment (Melbourne Airport Site Measures No. 3) 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. 3) 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

 

Paragraph 14(aa) of Schedule 1

Omit “, being general law land, as contained within Conveyance Book 453 No. 366”.

 

 


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. 3) 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 correcting the description of land already part of the Melbourne (Tullamarine) Airport site.

 

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, Transport and Regional Development

Overview

The Airports Amendment (Melbourne Airport Site Measures No. 3) Regulations 2018 were enacted to correct a descriptive error in the existing regulations governing the Melbourne (Tullamarine) Airport site under the Airports Act 1996. The Act, which was introduced by the Australian Parliament, establishes a regulatory framework for federally leased airports. The 2018 amendments were made under the authority provided by section 252 of the Airports Act, which allows the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act. The primary objective of these amendments is to accurately define the Melbourne Airport site, ensuring regulatory clarity and alignment with the terms of the Memorandum of Understanding between the Commonwealth and Australian Pacific Airports (Melbourne) Pty. Ltd. The changes proposed in the Regulations have been deemed to have minor impacts, thus not requiring a Regulatory Impact Statement, and have been assessed as compatible with human rights.

Scope and Application

The Airports Amendment (Melbourne Airport Site Measures No. 3) Regulations 2018 amends the Airports Regulations 1997 under the Airports Act 1996. These regulations apply to the Melbourne (Tullamarine) Airport site, specifically correcting an error in the description of land that forms part of the airport site. The regulatory changes are limited to the Melbourne Airport and do not extend to any other federally leased airports. The Melbourne Airport is the only entity directly impacted by these amendments, while the primary beneficiaries are likely to be the Commonwealth and Australian Pacific Airports (Melbourne) Pty. Ltd. (APAM), given the nature of the amendment concerning site description and the consent provided by APAM under the Memorandum of Understanding. The scope of the Act is geographically limited to the Melbourne Airport site, and the application is confined to the correction of land descriptions as per the principal Regulations. The Regulations do not impose any new obligations or restrictions beyond the scope of the Airports Act 1996, and they do not introduce any new exemptions or thresholds. They are a direct response to an error identified in the existing regulatory framework and are intended to ensure the accuracy of the airport site description, facilitating better governance and compliance with the Act.

Key Provisions

The Airports Amendment (Melbourne Airport Site Measures No. 3) Regulations 2018 amends the Airports Regulations 1997 to correct an error in the description of the Melbourne (Tullamarine) Airport site (Schedule 1, paragraph 14(aa)). This regulation is made under the Airports Act 1996, which governs federally leased airports. The purpose of this amendment is to ensure that the description of the airport site accurately reflects the land parcels that are part of the airport, which is crucial for regulatory compliance and operational clarity. These Regulations impose obligations on entities operating within the Melbourne (Tullamarine) Airport site to adhere to the updated land descriptions. This includes the Commonwealth, Australian Pacific Airports (Melbourne) Pty. Ltd., and any other lessees or operators within the site. The lessee's consent, as stipulated in section 161(1) of the Act, is required for any variation of the airport site if an airport lease exists. The Memorandum of Understanding dated 13 October 2016, and amended on 2 May 2018, between the Commonwealth and APAM, includes consent for such variations, allowing this amendment to proceed. Failure to comply with these Regulations could potentially lead to regulatory non-compliance, which might affect the operations within the airport site. While specific offences, penalties, or consequences are not detailed in the Explanatory Statement, the overarching legal framework under the Airports Act 1996 may impose fines, sanctions, or other legal actions for breaches. These consequences would be determined in accordance with the relevant provisions of the Act and any associated guidelines or directives.

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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.