Airports Amendment Regulations 2000 (No. 2) 2000 No. 269
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 269
Issued by the Authority of the Minister for Transport and Regional Services
Airports Act 1996
Airports Amendment Regulations 2000 (No. 2)
Section 252 of the Airports Act 1996 (the Act) allows the Governor-General to make regulations prescribing matters:
(a) required or permitted to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 5 of the Act defines an airport site to be, inter alia, a place "declared by the regulations to be an airport site; and a Commonwealth place".
The Airports Regulations 1997 ("the Regulations") specify the airports to be declared "airport sites", and Schedule 1 to the Regulations prescribes the land titles or plan particulars which define the relevant airport sites. The Regulations provide for the sites of all leased Federal airports.
The purpose of the Amendment Regulations is to redefine the boundaries of the Moorabbin Airport (Victoria) to provide for the transfer of land, currently included in that site, to the City of Kingston for a slip lane which will provide access to the airport site from Centre Dandenong Road.
The Amendment Regulations, which amend Schedule 1 of the Regulations, commenced on gazettal.
Overview
The Airports Amendment Regulations 2000 (No. 2) were enacted in 2000 and serve to amend the Airports Regulations 1997 under the Airports Act 1996. This legislation was introduced to address the need for redefining the boundaries of the Moorabbin Airport in Victoria, specifically to facilitate the transfer of a portion of the airport's land to the City of Kingston. The objective was to enable the construction of a slip lane from Centre Dandenong Road, thereby enhancing access to the airport site. These regulations were issued under the authority of the Minister for Transport and Regional Services and were designed to align with the overarching policy objectives of the Airports Act 1996, which include ensuring efficient and effective management of airport sites. The changes made by these amendments are intended to accommodate urban development while maintaining the operational integrity of the airport.
Scope and Application
The Airports Amendment Regulations 2000 (No. 2) applies to the redefinition of the boundaries of the Moorabbin Airport in Victoria, which is governed under the Airports Act 1996. This legislation specifically pertains to airport sites declared under the Act and regulates the transfer of land within these sites, ensuring that any changes align with the statutory requirements. The regulations affect the geographic scope within the state of Victoria, focusing on the specific land adjustments required for the airport's operational needs and infrastructure improvements, such as the creation of a slip lane for better access from Centre Dandenong Road. The Amendment Regulations are an extension of the Airports Regulations 1997 and modify Schedule 1 to reflect the updated land titles and plan particulars for the airport site, which are integral to maintaining the integrity and functionality of the airport as a Commonwealth place.
Key Provisions
The Airports Amendment Regulations 2000 (No. 2) (the Amendment Regulations) primarily operate by amending Schedule 1 of the Airports Regulations 1997 (the Regulations). Specifically, section 3 of the Amendment Regulations revises the land titles and plan particulars to redefine the boundaries of the Moorabbin Airport in Victoria (sections 3(1) and 3(2)). These changes facilitate the transfer of certain land from the airport site to the City of Kingston, allowing for the construction of a slip lane that will connect the airport site to Centre Dandenong Road. The purpose of these amendments is to provide necessary infrastructure improvements while maintaining the functionality and accessibility of the airport.
Under the Amendment Regulations, parties and entities governed by the Airports Act 1996 (the Act) and the Regulations must comply with the redefined boundaries of the Moorabbin Airport as set out in the amended Schedule 1. This includes ensuring that any land transfers and infrastructure developments adhere to the new legal definitions and boundaries of the airport site. Additionally, any stakeholders involved in the planning and execution of the slip lane project must work within these parameters to ensure compliance with the regulatory framework established by the Act and the Regulations.
Failure to comply with the provisions of the Amendment Regulations could result in legal repercussions. Although the explanatory statement does not explicitly outline specific offences or penalties, breaches of regulations under the Airports Act 1996 can lead to enforcement actions by the relevant authorities. Such actions could include fines or other administrative penalties. The precise penalties would be determined based on the specific nature and severity of the breach, in accordance with the general regulatory framework provided by the Act.
Overall, the Amendment Regulations aim to facilitate the transfer of land for the construction of a slip lane at Moorabbin Airport while ensuring that all activities comply with the legislative and regulatory requirements established under the Airports Act 1996 and the Airports Regulations 1997. These changes are intended to support the operational needs of the airport while accommodating the infrastructural demands of the surrounding area.