Airports Amendment Regulations 2002 (No. 1)

Overview

The Airports Amendment Regulations 2002 (No. 1), issued under the Airports Act 1996, aim to amend the Airports Regulations 1997 by incorporating an additional 3,700 square metres of land adjacent to Camden Airport into the Camden Airport site. This legislative change was enacted by the Parliament of Australia, with the Minister for Transport and Regional Services issuing the regulations. The primary objective of these regulations is to facilitate the inclusion of this additional land, which is currently a road, to ensure guaranteed access from Macquarie Grove Road to Camden Airport. This amendment follows a request from Camden Airport Limited, which holds a lease for the Camden Airport and sought the Commonwealth's approval for the acquisition of the land. As per section 161 of the Airports Act 1996, any variation to the airport site by regulation requires the written consent of the lessee, which has been obtained from Camden Airport Limited. The proposed amendments to the Airports Regulations 1997, as outlined in Schedule 1 of the Airports Amendment Regulations 2002 (No. 1), involve updating Part 1.4A to include a new folio identifier for the expanded Camden Airport site. These regulations, which come into effect upon gazettal, reflect the need to adapt the legal framework governing airport sites to accommodate the operational requirements and future development of Camden Airport. By integrating the additional land, the regulations address the specific problem of ensuring adequate access to the airport, thereby enhancing its functionality and utility.

Scope and Application

The Airports Amendment Regulations 2002 (No. 1) apply to the modification of the existing Airports Regulations 1997 concerning the definition and boundaries of an airport site under the Airports Act 1996. Specifically, these regulations pertain to the incorporation of an additional 3,700 square metres of land adjacent to Camden Airport, which is located in New South Wales, into the Camden Airport site. This amendment is made to ensure that Camden Airport has guaranteed access from Macquarie Grove Road. The regulations are applicable to Camden Airport Limited, which holds a lease for the Camden Airport, and the Commonwealth, who owns the airport site and has the authority to make such amendments. The inclusion of the additional land into the airport site is contingent upon the written consent of Camden Airport Limited, which has been provided. These regulations extend across the Commonwealth jurisdiction, impacting the management and operation of airports within the national framework. Any exclusions or exemptions are not explicitly stated in the provided text, but the necessity for specific consent from the lessee indicates a targeted application rather than a broad exemption. The regulations commence upon gazettal and are subject to further modifications through subordinate instruments as deemed necessary or convenient by the Minister for Transport and Regional Services.

Key Provisions

The primary sections of the Airports Amendment Regulations 2002 (No. 1) involve the amendment of existing regulations under the Airports Act 1996 to incorporate a specific area of land into the Camden Airport site. Regulation 3 directs that the Airports Regulations 1997 be amended, as detailed in Schedule 1. Schedule 1, specifically Part 1.4A, will be updated to include a new folio identifier that incorporates 3,700 square metres of land adjacent to Camden Airport, which is currently a road, into the airport site. This adjustment is made to ensure that Camden Airport has guaranteed access from Macquarie Grove Road. The obligations imposed by these regulations are primarily administrative and procedural. Section 161 of the Airports Act 1996 stipulates that any variation to the airport site must be made with the written consent of the lessee, Camden Airport Limited. In this case, Camden Airport Limited has already requested the amendment, thus fulfilling the procedural requirement. Additionally, the regulations must be made in accordance with section 252 of the Act, which mandates that any necessary or convenient regulations be prescribed by the Governor-General. Failure to comply with these regulations could result in legal consequences. Although the explanatory statement does not detail specific offences or penalties, breaches of regulations under the Airports Act 1996 could lead to enforcement actions by the relevant authorities. Such actions might include fines, injunctions, or other legal remedies to ensure compliance. The exact penalties would depend on the nature and severity of the breach, as well as any additional relevant legislation or regulatory frameworks.