Airports (Building Control) Amendment Regulations 2002 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2002B00187 Regulations Not in force Legislative Instrument

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Airports (Building Control) Amendment Regulations 2002 (No. 1) 2002 No. 190

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 190

Issued by the Authority of the Minister for Transport and Regional Services

Airports Act 1996

Airports (Building Control) Amendment Regulations 2002 (No. 1)

Section 252 of the Airports Act 1996 ('the Act') provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that by the Act are required or permitted to be described or are necessary or convenient for carrying out or giving effect to the Act.

Section 68 of the Act provides for the Airports (Building Control) Regulations 1996 ('the Regulations') to apply Part 5 of the Act to leased Federal airports.

Part 5 of the Act authorises the making of regulations for land use, planning and building control at certain Commonwealth-owned airports following their leasing.

Paragraph 100 (1)(d) of the Act states that regulations may make provision for and in relation to fees in respect of applications for such approvals.

The leased Federal airports are Sydney (Kingsford Smith), Bankstown, Camden, Hoxton Park, Melbourne, Moorabbin, Essendon, Brisbane, Archerfield, Perth, Jandakot, Adelaide, Parafield, Canberra, Hobart, Launceston, Darwin, Alice Springs, Townsville and Coolangatta airports.

The previous fees set in the Regulations were an average of the 1996 fees charged by local government in jurisdictions surrounding Melbourne, Perth and Brisbane airports. The fees had not been varied since that time. The fees were previously applied uniformly on a national basis and did not necessarily correlate to fees and charges for building regulatory services in offairport regions in the vicinity of each leased Federal airport. From a competition policy perspective, this arrangement was not 'competition neutral', particularly for airport operators that compete with other land developers in their regions for developments of a non-aeronautical nature.

To overcome the inequities inherent in a national approach, the regulatory amendment has regularised building control fees to the extent practicable with fees charged in each of the local jurisdictions where the airports are located.

The Regulations now incorporate flexibility to allow airport specific fee schedules to be applied at each leased Federal airport that broadly reflect the: quantum of fees being applied by local governments and/or private certifiers from each area surrounding a leased Federal airport and in doing so align the application and compliance costs applicable in adjacent local jurisdictions; and range of tasks and activities which attract those fees, while maintaining Commonwealth jurisdiction for planning and development at the leased Federal airports.

Further details of the proposed amendments to the Regulations appear in the Attachment.

The Amendment to the Regulations commenced upon gazettal.

ATTACHMENT

Item 1 - Name of Regulations

Item 1 provides that the Regulations be called the Airports (Building Control) Amendment Regulations 2002 (No. 1).

Item 2 - Commencement

Item 2 provides that the Regulations will commence on gazettal.

Item 3 - Amendment of Airports (Building Control) Regulations 1996

Item 3 provides that Schedule 1 amends the Airports (Building Control) Regulations 1996.

Schedule 1 - Amendments

Sub-Item 1 - Subparagraph 2.02(1)(b)(ii)

Sub-item 1 substitutes text so that the fee associated with approval to carry out a building activity relates to Sub-Item 6 (see below) that sets out the fees to apply at particular leased Federal airport sites.

Sub-Item 2 - Subparagraph 2.02(2)

Sub-item 2 deletes the table that outlined the previous generic fees associated with approval to carry out a building activity for all leased Federal airports. These fees were applied uniformly on a national basis and did not necessarily correlate to fees and charges for building regulatory services in off-airport regions in the vicinity of each leased Federal airport.

Sub-Item 3 - Paragraph 2.10(3)(a)

Sub-item 3 substitutes the value of the fee to amend an application from $200 to $250. The fee had not been varied since the Regulations were implemented in 1996.

Sub-Item 4 - Paragraph 2.10(4)(b)

Sub-item 4 substitutes the value of the fee to withdraw an application from $200 to $250. The fee had not been varied since the Regulations were implemented in 1996.

Sub-Item 5 - Paragraph 2.16(2A)(a)

Sub-item 5 substitutes the value of the fee to vary an approval from $200 to $250. The fee had not been varied since the Regulations were implemented in 1996.

Sub-Item 6 - After Part 6

Sub-item 6 outlines the fees payable for building applications in the following groupings:

Part 1 - Adelaide and Parafield Airports

Part 2 - Alice Springs Airport

Part 3 - Brisbane, Archerfield and Coolangatta Airports

Part 4 - Canberra Airport

Part 5 - Darwin Airport

Part 6 - Hobart Airport

Part 7 - Launceston Airport

Part 8 - Melbourne (Tullamarine), Essendon and Moorabbin Airports

Part 9 - Perth and Jandakot Airports

Part 10 - Sydney (Kingsford Smith), Camden, Hoxton Park and Bankstown Airports

Part 11 -Townsville Airport

This mechanism overcomes the inequities inherent in the previous national approach for building activity fees at the regulated leased Federal airports. Building control fees have been regularised to the extent practicable with fees charged in each of the local jurisdictions where the airports are located.

 

Overview

The Airports (Building Control) Amendment Regulations 2002 (No. 1) were enacted to address the issue of outdated and non-competitive fees for building control at leased federal airports in Australia. The Airports Act 1996 provided the legislative framework for these amendments, with the objective of ensuring that building control fees at federal airports are aligned with local government fees in the surrounding areas. The Airports (Building Control) Regulations 1996 had previously set fees based on an average of 1996 fees charged by local governments in jurisdictions surrounding major airports, which had not been updated since their introduction. This outdated approach was deemed to be non-competitive, particularly for airport operators competing with other land developers in their regions. The regulatory amendments introduced by these regulations allow for airport-specific fee schedules that reflect local fees and charges for building regulatory services, thereby aligning the application and compliance costs applicable in adjacent local jurisdictions. The policy objective was to ensure that the fees for building activities at federal airports are competitive and reflect local market conditions, thereby avoiding any unfair advantages or disadvantages for airport operators.

Scope and Application

The Airports (Building Control) Amendment Regulations 2002 (No. 1) apply to the regulation of building control and fees at the 19 leased Federal airports across Australia, including Sydney, Melbourne, Brisbane, and other major cities. These regulations amend the Airports (Building Control) Regulations 1996 to allow for more localised fee structures that align with the fees charged by local governments and private certifiers in the surrounding regions of each airport. The amendment responds to concerns regarding the lack of competition neutrality in the previous uniform national fee approach. By aligning the fees with local standards, the amendment seeks to provide a more equitable and practical regulatory environment for building activities at these airports, while maintaining Commonwealth jurisdiction over planning and development. The changes in fees and the introduction of airport-specific fee schedules came into effect upon gazettal, with the amendment allowing for the flexibility to adjust fees in line with local standards without the need for further legislative action.

Key Provisions

The Airports (Building Control) Amendment Regulations 2002 (No. 1) amend the existing Airports (Building Control) Regulations 1996. These amendments are intended to align building control fees at leased federal airports with those of the local jurisdictions in which the airports are situated. Section 252 of the Airports Act 1996 (the 'Act') empowers the Governor-General to make regulations that are not inconsistent with the Act, and these amendments are made pursuant to that authority. The changes are aimed at addressing the inequity of a uniform national fee structure, which did not reflect the varying costs and standards of local building regulatory services around the airports. These Regulations impose obligations on the parties involved in building activities at the leased federal airports. For instance, Section 68 of the Act provides for the Airports (Building Control) Regulations 1996 to apply Part 5 of the Act to leased federal airports, which now includes the amended fee structures. The regulations require that fees for building approvals, amendments to applications, and variations to approvals be set according to the local jurisdiction of the airport. This ensures that the fees charged are more reflective of the local costs and standards, thereby promoting fairness and competition neutrality among airport operators and other developers. There are no explicit provisions in the explanatory statement regarding offences, penalties, or consequences for breach of these regulations. However, breaches of regulations made under the Airports Act 1996 could potentially lead to enforcement actions under the general provisions of the Act or other relevant legislation. Penalties for non-compliance could include fines, legal action, or other administrative penalties as determined by the relevant authorities. The maximum penalties would be consistent with those applicable under the general regulatory framework governing the Airports Act 1996. These amendments came into effect upon gazettal, as indicated in Item 2 of the explanatory statement. The changes to the fee structures are detailed in Schedule 1 of the Regulations, with specific adjustments to fees for building approvals, application amendments, and variations to approvals. By aligning the fees with those of local jurisdictions, the Regulations aim to create a more equitable and competitive environment for building activities at the leased federal airports.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.