Airports Amendment Regulations 2003 (No. 2) 2003 No. 155
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 155
Issued by the authority of the Minister for Transport and Regional Services
Airports Act 1996
Airports Amendment Regulations 2003 (No. 2)
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 to be prescribed or necessary or convenient to be prescribed for carrying out or 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, and is a Commonwealth place, and is used, or intended to be developed for use, as an airport.
For the purposes of section 5 of the Act, paragraph 1.03(pa) of the Airports Regulations 1997 (the principal Regulations) provides that Sydney (Kingsford-Smith) is the place made up of the land described in Part 1.16A of Schedule 1 to the principal Regulations.
The Regulations make changes to the folio identifiers that describe the Sydney (Kingsford-Smith) Airport site and make a technical amendment.
Sydney Airport Corporation Limited (SACL) has a lease for the Sydney (Kingsford-Smith) Airport. Under section 161 of the Act an airport site may not be varied by regulation without the written consent of the lessee.
The Commonwealth has acquired access across the Alexandra Canal to construct bridges to form part of the Sydney (Kingsford-Smith) Airport site. The air rights form part of a package of land and air access from Sydney Airport across the Alexandra Canal to land previously acquired from Pacific Power and the NSW Department of Public Works and Services. SACL has requested that the principal Regulations be varied to include the additional air rights.
The Regulations amend Part 1.16A in Schedule 1 to incorporate additional air rights into the airport site.
The Regulations amend a reference in regulation 5.01A to correct an error in cross-referencing the Airports Act 1996.
The Regulations commence on gazettal.
Overview
The Airports Amendment Regulations 2003 (No. 2) were enacted to amend the Airports Regulations 1997 by incorporating additional air rights into the Sydney (Kingsford-Smith) Airport site, which is a Commonwealth place used for airport purposes under the Airports Act 1996. This legislative action was necessitated by the Commonwealth’s acquisition of access across the Alexandra Canal to construct bridges as part of the airport site. The Sydney Airport Corporation Limited (SACL) had requested these changes, and the necessary amendments were made in accordance with section 161 of the Airports Act, which stipulates that variations to an airport site must be made with the written consent of the lessee. Additionally, the Regulations include a technical amendment to correct an error in cross-referencing the Airports Act 1996. The objective of these amendments is to ensure the regulatory framework accurately reflects the current use and development of the Sydney (Kingsford-Smith) Airport site.
Scope and Application
The Airports Amendment Regulations 2003 (No. 2) amends the Airports Regulations 1997 under the Airports Act 1996 to adjust the folio identifiers for the Sydney (Kingsford-Smith) Airport site and correct a technical error in the principal regulations. The amendments apply specifically to the Sydney Airport Corporation Limited (SACL) lease, which includes the Sydney (Kingsford-Smith) Airport site, and to the Commonwealth's acquisition of air rights across the Alexandra Canal as part of the airport site. The Regulations, issued by the Minister for Transport and Regional Services, are necessary for carrying out or giving effect to the Airports Act 1996, as stipulated in section 252 of the Act. These amendments are confined to the Commonwealth jurisdiction, impacting the defined airport site and the regulation of Sydney (Kingsford-Smith) Airport, ensuring that the changes to the airport site are legally recognised and that the folio identifiers accurately reflect the current boundaries and rights of the site. The Regulations will commence on gazettal, bringing immediate effect to the specified changes.
Key Provisions
The Airports Amendment Regulations 2003 (No. 2) primarily modify the existing Airports Regulations 1997 by updating the folio identifiers that define the Sydney (Kingsford-Smith) Airport site. These changes are made to incorporate additional air rights over the Alexandra Canal, which were acquired by the Commonwealth to facilitate the construction of bridges as part of the airport site. Additionally, the Regulations include a technical amendment to correct an error in cross-referencing the Airports Act 1996. These changes are made pursuant to section 252 of the Airports Act 1996, which allows the Governor-General to prescribe regulations that are necessary to carry out or give effect to the Act.
Under the Airports Amendment Regulations 2003 (No. 2), the Sydney Airport Corporation Limited (SACL), which holds the lease for the Sydney (Kingsford-Smith) Airport, must consent in writing to any changes that affect the airport site. This requirement is stipulated under section 161 of the Airports Act 1996. The Regulations ensure that the additional air rights are incorporated into the airport site only with SACL’s consent. Furthermore, the technical amendment corrects an error in regulation 5.01A to accurately reflect the provisions of the Airports Act 1996.
The Airports Amendment Regulations 2003 (No. 2) impose several obligations on the relevant parties, particularly SACL. SACL must review and respond to the proposed changes to the airport site, ensuring that any modifications are in accordance with the requirements of the Airports Act 1996. The Commonwealth, on the other hand, must ensure that the acquisition of the additional air rights and the construction of the bridges are completed in a manner that complies with the amended regulations. Both parties must also ensure that any modifications to the airport site do not interfere with the ongoing operations of the airport.
Failure to comply with the provisions of the Airports Amendment Regulations 2003 (No. 2) may result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of regulations under the Airports Act 1996 can lead to significant fines or legal action. The exact penalties would depend on the nature and severity of the breach, as well as any additional laws that may apply. The Regulations, by ensuring proper consent and compliance, aim to maintain the operational integrity and legal framework governing the Sydney (Kingsford-Smith) Airport site.