EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 123
Subject – Airports Act 1996
Airports Amendment Regulations 2011 (No. 2)
The Airports Act 1996 (the Act) establishes a regulatory framework for the leased federal airports.
Section 252 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Regulations update the descriptions of airport sites, as set out in Schedule 1 to the Airports Regulations 1997 (the Principal Regulations), to reflect changes in State and Territory land title registers for all federal leased airports.
Schedule 1 currently describes the identification numbers for the certificates of title for each of the 21 leased federal airport sites.
State and Territory land title registers for federal leased airports have changed because of transfers of land on airport sites that have changed airport site boundaries, or because of changes in administrative processes at land title registries that have led to administrative changes in site descriptions.
The Regulations also remove redundant references in subregulations 3.23 (4), (5) and (6) of the Principal Regulations. This is a technical, housekeeping amendment. In 2009, the Principal Regulations were amended to delete paragraph 3.23(2)(b)(ii), which allowed an airport-operator company to provide information in the form of a statement that ‘no change had occurred since the previous reporting day’. References to this form of statement in the three subregulations noted above should have been deleted at the time, but were inadvertently missed.
The amendments to the Principal Regulations were subject to consultation with industry stakeholders.
The Act does not impose any conditions that need to be satisfied before power to make the Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
The Minute recommends that Regulations be made in the form proposed.
Authority: Section 252 of the Airports Act 1996
Overview
The Airports Amendment Regulations 2011 (No. 2) were enacted to amend the Airports Regulations 1997, which are subsidiary legislation under the Airports Act 1996. This Act, introduced by the Commonwealth Parliament, was designed to establish a regulatory framework for leased federal airports, ensuring a consistent and effective management system for these critical infrastructure assets. The 2011 amendments address a gap in the regulatory framework by updating the descriptions of airport sites to accurately reflect changes in State and Territory land title registers, which have been necessitated by transfers of land or changes in administrative processes at land title registries. These changes are crucial for maintaining the integrity and legal clarity of airport site boundaries. Additionally, the amendments correct an oversight from a previous set of regulations by removing redundant references, thereby tidying up the regulatory text and preventing potential confusion. The policy objective underpinning these amendments is to ensure that the regulatory framework remains current and efficient, facilitating effective administration and compliance by airport operators.
Scope and Application
The Airports Amendment Regulations 2011 (No. 2) pertain to the Airports Act 1996, which sets the regulatory framework for leased federal airports in Australia. These Regulations apply to entities operating at federal leased airports, including airport operators, as they are instrumental in ensuring the accurate description of airport sites in line with current land title registers. The geographic reach of these Regulations is national, as they apply to all federal leased airports across Australia. There are no specific exclusions or exemptions mentioned in the text, and the Regulations do not establish new thresholds. Instead, they serve to update and refine existing regulatory details to maintain the accuracy and relevance of the land title descriptions for federal leased airports. The Act allows for the creation of subordinate instruments, such as these Regulations, to extend or refine its application, thereby ensuring the regulatory framework remains effective and up-to-date. The Regulations will take effect on the day they are registered on the Federal Register of Legislative Instruments.
Key Provisions
The Airports Amendment Regulations 2011 (No. 2) primarily serve to update and refine the descriptions of airport sites in the Schedule of the Airports Regulations 1997 (Principal Regulations) as per section 252 of the Airports Act 1996. These updates are necessary to reflect changes in the State and Territory land title registers for all federal leased airports (Reg. 1). These changes arise from land transfers that have altered the boundaries of airport sites or from administrative changes in the land title registers that have led to modifications in site descriptions (Reg. 1). Additionally, the Regulations remove redundant references from subregulations 3.23(4), (5), and (6) of the Principal Regulations, which inadvertently remained after a 2009 amendment that deleted a similar provision in paragraph 3.23(2)(b)(ii) (Reg. 2).
The amendments to the Principal Regulations impose certain obligations on the entities governed by the Airports Act 1996. Specifically, airport operators must ensure that their site descriptions are current and accurately reflect the land title registers of the respective State or Territory. This includes maintaining updated certificates of title and identification numbers for the airport sites, which are detailed in the Schedule to the Regulations (Reg. 1). By ensuring these details are up-to-date, airport operators can comply with the regulatory requirements set forth in the Airports Act and its subsidiary legislation.
There are no explicit offences, penalties, or civil/criminal consequences detailed in the Explanatory Statement for breaches of these Regulations. However, non-compliance with the updated descriptions of airport sites could potentially lead to regulatory scrutiny, enforcement actions, or other consequences as deemed necessary by the relevant authorities under the Airports Act 1996. It is important for airport operators to adhere to the updated site descriptions to avoid any such issues.
The Regulations are intended to be a technical, housekeeping amendment, focusing on ensuring the accuracy and relevance of the information held in the Principal Regulations. By updating the site descriptions and removing redundant references, the Regulations aim to maintain a clear and effective regulatory framework for the management and operation of federal leased airports.