Airports Amendment Regulations 2011 (No. 1)

Overview

The Airports Amendment Regulations 2011 (No. 1) were introduced to amend the Airports Regulations 1997 in response to the cessation of Hoxton Park Airport as a leased federal airport in 2008. This amendment rectifies an oversight in the previous regulation changes that failed to remove a specific reference to Hoxton Park Airport. Additionally, the new regulations delete regulation 5.02A from the Principal Regulations, reflecting recent legislative changes introduced by the Airports Amendment Act 2010 that introduced a new category of "sensitive developments" under section 71A, superseding the types of developments previously specified in regulation 5.02A. These amendments aim to ensure the Airports Act 1996 remains aligned with current operational realities and legislative intent, while providing a transitional arrangement to safeguard ongoing developments notified before the commencement of the Amendment Act. The regulations are enacted under the authority of section 252 of the Airports Act 1996 and are subject to the Legislative Instruments Act 2003.

Scope and Application

The Airports Amendment Regulations 2011 (No. 1) concern the Airports Act 1996, which governs the regulatory framework for leased federal airports. The Act applies to airports that are leased by the Commonwealth government and to the entities that lease these airports, as well as to any conduct and transactions associated with the operation and development of these airports. The scope of these regulations extends nationally across Australia, as they are federal instruments. The regulations correct inadvertent omissions in the Airports Regulations 1997 by removing the last reference to Hoxton Park Airport, which ceased being a leased federal airport in 2008. Additionally, the regulations remove regulation 5.02A, which was rendered obsolete by the Airports Amendment Act 2010. A transitional provision ensures continuity for developments for which notice was given before the substantive provisions of the Amendment Act commenced operation on 18 December 2010. These regulations do not impose any conditions for their enactment, as per section 252 of the Airports Act 1996, and they are subject to the Legislative Instruments Act 2003.

Key Provisions

The Airports Amendment Regulations 2011 (No. 1) (Regulations) amend the Airports Regulations 1997 (Principal Regulations) under section 252 of the Airports Act 1996 (the Act). The Regulations serve to correct an oversight in the Principal Regulations by removing all references to Hoxton Park Airport, which ceased being a leased federal airport in 2008. This amendment is straightforward and ensures that the Principal Regulations no longer include Hoxton Park Airport, which is no longer subject to the regulatory framework established by the Act. The Regulations impose specific obligations on parties subject to the Principal Regulations by requiring them to comply with the amended text. These amendments ensure that references to Hoxton Park Airport are completely removed, thereby avoiding any confusion or continued applicability of the Principal Regulations to this former airport. Additionally, the Regulations eliminate regulation 5.02A from the Principal Regulations, reflecting recent legislative changes that introduced a new category of development known as "sensitive developments." This change aligns the Principal Regulations with the current legislative framework, ensuring consistency and coherence in regulatory requirements. The Regulations also include a transitional provision to maintain the application of regulation 5.02A to developments where written notice was provided before the commencement of the substantive provisions of the Airports Amendment Act 2010. This transitional measure ensures that ongoing or pre-existing development plans are not adversely affected by the legislative changes. It provides a clear and fair process for those who had already initiated development plans under the previous regulatory framework. Failure to comply with the Regulations may result in legal consequences, although the Regulations themselves do not specify penalties. However, non-compliance with the Act and its associated regulations can lead to civil or criminal penalties, depending on the severity of the breach. For example, offences under the Act can attract fines and, in more serious cases, imprisonment. The maximum penalties for breaches can vary, but typically, the Act provides for fines that can reach up to $126,000 for corporations and $25,200 for individuals, along with potential imprisonment terms for more severe violations.