EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 75
Subject – Airports Act 1996
Airports (Building Control) Amendment Regulations 2011 (No. 1)
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 Airports (Building Control) Regulations 1996 (the Principal Regulations) provide for the approval of building activities and other works at leased federal airports.
The Principal Regulations apply to the following leased federal airports: Adelaide, Parafield, Alice Springs, Brisbane, Archerfield, Gold Coast, Canberra, Darwin, Hobart, Launceston, Melbourne (Tullamarine), Essendon, Moorabbin, Perth, Jandakot, Sydney (Kingsford Smith), Bankstown, Camden and Townsville.
Paragraph 100 (1)(d) of the Act states that the Principal Regulations may make provision for and in relation to fees in respect of applications for such approvals. The building application fees are collected under regulation 2.02 of the Principal Regulations. The applicable fee amounts are listed in Schedule 1 to the Principal Regulations.
The Regulations increase the fees payable for building applications at the leased federal airports.
The fees were last increased in 2002 and are not indexed. The fee increase is required to raise revenue to offset the rising cost of providing a high quality, responsive building control service. Contracts for building control services are subject to a competitive tender process to ensure value for money. The increased fees also remain broadly comparable to fees for similar services in other relevant building approval jurisdictions.
As an instrument that gives effect, in terms announced in the Budget, to a decision to adjust building application fees, consultation on this instrument was not appropriate.
The Act specifies no conditions that need to be satisfied before the 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 1 July 2011.
Authority: Section 252 of the Airports Act 1996
Overview
The Airports (Building Control) Amendment Regulations 2011 (No. 1) were enacted to address the rising costs associated with providing high-quality building control services at leased federal airports, as stipulated in the Airports Act 1996. This Act, enacted in 1996, established a regulatory framework for leased federal airports, with section 252 granting the Governor-General the authority to create regulations necessary for the Act's implementation. The 2011 amendment, made by the Commonwealth Parliament, increased the fees for building applications at the specified leased federal airports to offset the escalating expenses of these services. These fees, which were last adjusted in 2002, are not indexed, and the increase aims to maintain the competitiveness and value for money in the building control services provided, while remaining comparable to fees in other relevant jurisdictions. The amendment does not specify conditions for exercising the regulatory power, and it is a legislative instrument under the Legislative Instruments Act 2003, effective from 1 July 2011.
Scope and Application
The Airports (Building Control) Amendment Regulations 2011 (No. 1) amends the Airports (Building Control) Regulations 1996, which are made under the Airports Act 1996. The Act applies to leased federal airports, specifically Adelaide, Parafield, Alice Springs, Brisbane, Archerfield, Gold Coast, Canberra, Darwin, Hobart, Launceston, Melbourne (Tullamarine), Essendon, Moorabbin, Perth, Jandakot, Sydney (Kingsford Smith), Bankstown, Camden and Townsville. These airports are subject to the regulatory framework established by the Act, which governs building activities and other works. The amendment to the regulations primarily concerns the adjustment of fees for building applications at these airports, responding to the increasing costs of providing a high-quality building control service. The Act authorises the Governor-General to make regulations necessary or convenient for carrying out the Act, and section 252 specifically allows for the prescription of fees. The new fees, which were last updated in 2002, aim to maintain parity with fees for similar services in other jurisdictions while ensuring the revenue raised offsets the escalating costs of the service. The amended regulations are legislative instruments under the Legislative Instruments Act 2003 and took effect from 1 July 2011.
Key Provisions
The Airports (Building Control) Amendment Regulations 2011 (No. 1) amend the Airports (Building Control) Regulations 1996, which are part of the regulatory framework established under the Airports Act 1996. These amendments specifically address the fees payable for building applications at leased federal airports, as permitted under section 252 of the Act. The primary changes include an increase in the fees for building applications at these airports (reg. 2.02). The increase is intended to cover the rising costs associated with providing a high-quality, responsive building control service, which is essential for maintaining safety and compliance standards at these airports.
The obligations imposed by these regulations include the payment of increased fees for any building applications submitted at the specified leased federal airports. These obligations apply to all entities seeking approvals for building activities and other works at the mentioned airports, including Adelaide, Parafield, Alice Springs, Brisbane, and so forth. The increased fees are designed to ensure that the building control services provided remain competitively priced while still offering value for money through a competitive tender process.
Failure to comply with the new fee structure as stipulated by the amended regulations could result in legal consequences. Although specific penalties are not detailed in the explanatory statement, non-compliance with regulations made under the Airports Act 1996 could generally lead to enforcement actions. Such actions may include fines, legal proceedings, or other civil and administrative penalties as deemed necessary to enforce compliance. The exact penalties would depend on the specific circumstances of the breach and the applicable provisions of the Act.