Airports (Building Control) Amendment Regulations 2009 (No. 3)

Overview

The Airports (Building Control) Amendment Regulations 2009 (No. 3) were enacted to amend the Airports (Building Control) Regulations 1996. The Airports Act 1996 established a comprehensive regulatory regime for Commonwealth-owned and privately leased airports, including the requirement for building activities on airport sites to be approved. These regulations were made under section 252 of the Airports Act 1996, which allows for the creation of regulations necessary or convenient for the implementation of the Act. The objective of these amendments is to clarify and streamline the process for obtaining building approvals on airport sites. Relevant stakeholders, such as airport building controllers and some airport-operator companies, were consulted in accordance with the Legislative Instruments Act 2003. The amendments are minor and primarily serve to clarify the operation of regulation 2.02, which specifies who may apply for a building approval. The Regulations came into effect on the day after their registration on the Federal Register of Legislative Instruments.

Scope and Application

The Airports (Building Control) Amendment Regulations 2009 (No. 3) amends the Airports (Building Control) Regulations 1996 under the Airports Act 1996, which establishes a regulatory regime for Commonwealth-owned and privately leased airports. These amendments are specifically concerned with building control, clarifying who can apply for building approvals on airport sites. The Airports Act 1996 applies to all Commonwealth-owned and privately leased airports, including entities and individuals involved in building activities on these sites. The amendments extend to the geographic reach of airports within the Australian Commonwealth. There are no stated exclusions or thresholds within these amendments, but they do clarify and expand the categories of persons who can apply for building approvals. This includes the airport-lessee company, sub-lessees, and persons with an interest in land at the airport, such as those with an easement or other proprietary interest. The amendments are effective immediately upon registration and are a legislative instrument under the Legislative Instruments Act 2003.

Key Provisions

The main operative sections of the Airports (Building Control) Amendment Regulations 2009 (No. 3) focus on modifying the Airports (Building Control) Regulations 1996 to clarify and expand the categories of persons who may apply for a building approval on airport sites. Specifically, Regulation 3 amends the Principal Regulations to include new subregulation 2.02 (1A) (paragraph 1), which identifies additional eligible applicants for building approvals. This includes the airport-lessee company or its representative (paragraph 2(a)), the sub-lessee or their representative (paragraph 2(b)), and any person with an interest in land at the airport or their representative (paragraph 2(c)). These provisions aim to streamline the application process and ensure that all relevant stakeholders have a clear understanding of who is eligible to apply for building approvals. The obligations and requirements imposed by these Regulations on the parties or entities they govern primarily revolve around the application process for building approvals on airport sites. Under the amended Regulation 2.02 (1A), it is now explicitly stated that the airport-lessee company, sub-lessees, and persons with an interest in land at the airport, including those entitled to the benefit of an easement or holding a licence or other proprietary interest, can apply for building approvals. This clarity ensures that all eligible parties are aware of their rights and responsibilities regarding the application process. Additionally, these parties must ensure their interest in the land is current and not anticipated to maintain eligibility. The Airports (Building Control) Amendment Regulations 2009 (No. 3) do not introduce new offences or penalties; instead, they build upon existing regulatory frameworks by clarifying who can apply for building approvals. However, non-compliance with the broader requirements of the Airports Act 1996 and the Airports (Building Control) Regulations 1996 can lead to enforcement actions. For instance, carrying out building activities without the necessary approvals can result in significant penalties, including fines and potential legal action under the Act. The maximum penalties for such breaches can be substantial, reflecting the critical nature of building control on airport sites to ensure safety and operational efficiency.