Airports Amendment Regulations 2001 (No. 1) 2001 No. 222
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 222
Issued by the authority of the Minister for Transport and Regional Services
Airports Act 1996
Airports Amendment Regulations 2001 (No. 1)
Section 252 of the Airports Act 1996 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted under the Act or necessary or convenient for giving effect to the Act.
Section 5 of the Act defines an airport site as a place that is declared by the regulations to be an airport site, a Commonwealth place and used, or intended to be used, as an airport.
For the purposes of section 5 of the Act, paragraph 1.03(pa) of the Airports Regulations 1997 provides that Sydney (Kingsford-Smith) Airport is the place made up of the land described in Part 1.16A of Schedule 1 to the Regulations.
Sydney Airport Corporation Limited (SACL) has a lease for the Sydney (Kingsford-Smith) Airport. Under section 161 of the Act the airport site may not be varied by regulation without the written consent of the lessee.
The Commonwealth has acquired 12.4ha of land to the northwest of the airport across the Alexandra Canal and adjacent to the Global Freight Terminal to form part of the Sydney (Kingsford-Smith) Airport site. SACL commenced negotiations to purchase the land in 1999. The land is intended to be used for aviation related facilities such as catering and freight handling. A map indicating the location of the sites is attached.
SACL has requested that the Regulations be varied to include the additional land.
The Regulations amend Part 1.16A in Schedule 1 to incorporate the additional land into the airport site.
Details of the Regulations are contained in the attachment.
The Regulations commence on gazettal.
ATTACHMENT
AIRPORTS AMENDMENT REGULATIONS 2001 (No. 1)
Regulation 1 - Name of regulations
The regulations are called the Airports Amendment Regulations 2001 (No. 1)
Regulation 2 - Commencement
The regulations commence on gazettal.
Regulation 3 - Amendment of Airports Regulations 1997
The Airports Regulations are amended as set out in Schedule 1.
Schedule 1 - Amendments
Items 1 and 2 - Schedule 1, Part 1.16A
The amendment adds new folio identifiers to the description of the Sydney (Kingsford-Smith) Airport site.
Overview
The Airports Amendment Regulations 2001 (No. 1), enacted in 2001, were introduced to address the need for an expansion of the Sydney (Kingsford-Smith) Airport site to accommodate aviation-related facilities such as catering and freight handling. This legislation was issued under the authority of the Minister for Transport and Regional Services and made under the Airports Act 1996. The policy objective of these regulations was to facilitate the incorporation of additional land into the airport site, enhancing the airport's capacity and functionality. This was achieved by amending the Airports Regulations 1997 to include newly acquired land northwest of the airport across the Alexandra Canal and adjacent to the Global Freight Terminal. The amendments were enacted to align with the requirements of the Airports Act 1996, ensuring that the expansion of the airport site was legally permissible and effectively integrated with the existing airport infrastructure.
Scope and Application
The Airports Amendment Regulations 2001 (No. 1) apply to the Sydney (Kingsford-Smith) Airport site, specifically targeting the Sydney Airport Corporation Limited (SACL) which holds the lease for the airport. The amendment incorporates additional land acquired by the Commonwealth into the airport site, extending its geographical boundaries to include 12.4 hectares of land northwest of the airport, across the Alexandra Canal, and adjacent to the Global Freight Terminal. This expansion is intended for aviation-related facilities such as catering and freight handling. The regulatory changes are confined to the Commonwealth jurisdiction, and they do not extend beyond the designated airport site. The amendment is strictly limited to the specific land parcel described and does not alter the broader scope of the Airports Act 1996 or the Airports Regulations 1997. The application of these regulations is bound by the Act’s stipulations and does not introduce new exclusions or exemptions beyond what is already specified in the existing legislative framework.
Key Provisions
The Airports Amendment Regulations 2001 (No. 1) introduce changes to the Airports Regulations 1997, specifically addressing the inclusion of additional land into the Sydney (Kingsford-Smith) Airport site. According to section 252 of the Airports Act 1996, these regulations are made to prescribe matters required or permitted under the Act, ensuring the airport site can be effectively managed and expanded. Regulation 1 specifies the name of the regulations, while Regulation 2 confirms that these regulations come into effect upon gazettal. Regulation 3 details the amendment of the Airports Regulations 1997, with Schedule 1 outlining the specific changes, including the incorporation of new folio identifiers in Part 1.16A to describe the expanded Sydney (Kingsford-Smith) Airport site.
The obligations imposed by these regulations on the Sydney Airport Corporation Limited (SACL) and the Commonwealth are primarily administrative. The Sydney Airport Corporation Limited must consent in writing to any variation of the airport site, as stipulated in section 161 of the Airports Act 1996. This consent ensures that any changes to the airport site, including the addition of the 12.4ha of land, are made with the agreement of the lessee. Additionally, the Commonwealth, through the Minister for Transport and Regional Services, must ensure that the acquisition and incorporation of the new land comply with the regulatory framework established by the Airports Act 1996 and the Airports Regulations 1997.
Breach of the provisions set out in these regulations can result in various legal consequences. Although the specific offences and penalties are not detailed in the explanatory statement, under general principles of administrative law, failure to comply with regulations made under an Act can lead to enforcement actions, including fines, administrative penalties, or legal proceedings. The Airports Act 1996 itself does not explicitly outline penalties for breaches of the regulations, but the overarching legal framework allows for such consequences to be imposed by the relevant authorities to ensure compliance and the proper management of airport sites.