Airports Amendment Regulations 2003 (No. 1)

Overview

The Airports Amendment Regulations 2003 (No. 1) were enacted to amend the Airports Regulations 1997 in response to specific requests from Sydney Airport Corporation Limited (SACL) and the NSW Roads and Traffic Authority (RTA) concerning the Sydney (Kingsford-Smith) Airport site. These Regulations were issued under the authority of the Minister for Transport and Regional Services, pursuant to section 252 of the Airports Act 1996. The primary objective of these amendments was to incorporate additional land into the airport site as requested by SACL and to adjust the leased area following the transfer of a portion of the airport land to the RTA for the construction of the M5 East Motorway. Furthermore, the Regulations aim to ensure consistency in terminology related to Senior Executive Service employees with the Public Service Act 1999 and to correct a technical error in cross-referencing within the Regulations.

Scope and Application

The Airports Amendment Regulations 2003 (No. 1) apply to the Airports Act 1996, specifically impacting the Sydney (Kingsford-Smith) Airport site, which is defined as a Commonwealth place used or intended for use as an airport. The regulations are applicable to Sydney Airport Corporation Limited (SACL), which holds the lease for the airport. They also concern the NSW Roads and Traffic Authority (RTA) regarding the acquisition of a strip of airport land for the construction of the M5 East Motorway. The amendment to the airport site description and the lease variation to exclude the land acquired by RTA are central to the purpose of these regulations. Geographically, these regulations pertain to the Commonwealth of Australia and specifically to Sydney (Kingsford-Smith) Airport, which is a federal airport site. The regulations incorporate additional land acquired by the Commonwealth into the airport site and adjust the leased area following a request from SACL. The Regulations also standardise certain terminology to align with the Public Service Act 1999 and correct an error in cross-referencing. The regulations are issued under the authority of the Minister for Transport and Regional Services and commence on gazettal.

Key Provisions

The Airports Amendment Regulations 2003 (No. 1) primarily amend the Airports Regulations 1997 by incorporating additional land into the Sydney (Kingsford-Smith) Airport site, reducing the leased area to account for land transferred to the NSW Roads and Traffic Authority, and making several terminological changes. Section 3 of the Regulations details the amendments to the Airports Regulations, while Regulation 2 specifies the commencement date as the date of gazettal. The amendments in Schedule 1 adjust the descriptions of the airport site to include newly acquired land (Item 3) and remove the area transferred to the NSW Roads and Traffic Authority (Items 4 and 5). Regulation 1.02, regulation 2.21, and paragraph 3.27(b) are updated to use consistent terminology with the Public Service Act 1999 (Item 6). Additionally, an error in cross-referencing subregulations is corrected in subregulation 2.18(2) (Item 2). The obligations imposed by these Regulations require Sydney Airport Corporation Limited (SACL) to consent in writing to any variation of the airport site, as stipulated in section 161 of the Airports Act 1996. The Minister for Transport and Regional Services must publish a notice in the Gazette when varying the airport lease in accordance with a lessee's request, as outlined in subsection 163A(1) of the Act. The Regulations also mandate the incorporation of specific land descriptions into the Sydney (Kingsford-Smith) Airport site and the removal of certain leased areas, as requested by SACL. Moreover, the Regulations require consistency in terminology related to Senior Executive Service (SES) employees, aligning them with the definitions in the Public Service Act 1999. Failure to comply with the requirements set out in these Regulations may lead to legal consequences. Under the Airports Act 1996, any person who contravenes a regulation made under the Act is liable for penalties. While the specific penalties are not detailed in the explanatory statement, it is established that breaches may result in both civil and criminal sanctions. The maximum penalties for offences under the Airports Act 1996 can include substantial fines and, in severe cases, imprisonment, depending on the nature and severity of the breach. The precise penalties would be determined based on the specific provisions of the Act and the circumstances of each case.