Airports (Building Control) Regulations (Amendment)

Overview

The Airports (Building Control) Regulations (Amendment) 1997 No. 114, issued under the authority of the Minister for Transport and Regional Development, amends the Airports (Building Control) Regulations to address issues arising from the Airports Act 1996 and the Aviation Legislation Amendment Act (No. 1) 1997. The primary objective of these amendments is to refine the regulatory framework governing building activities at airports, ensuring that it aligns with the updated legislative standards and enhances procedural efficiency. This includes establishing time limits for decision-making processes by the Airport Building Controller, expanding the scope of decisions subject to review by the Administrative Appeals Tribunal, and updating terminology to reflect changes made by the ALA Act, particularly concerning the definition and issuance of certificates of compliance. These amendments aim to streamline the regulatory environment for building activities at airports, ensuring that all processes are timely, transparent, and in compliance with the latest legislative requirements. The changes are designed to maintain high safety and quality standards in airport infrastructure while facilitating smoother operational procedures for stakeholders involved in airport development and management.

Scope and Application

The Airports (Building Control) Regulations (Amendment) 1997 No. 114 applies to all building activities at leased airports in Australia, which are defined under section 98 of the Airports Act 1996. These activities encompass the approval of building works and the issuance of certificates of compliance for such works, as outlined in Part 2 and Part 3 of the Regulations. The regulations are made under the authority of the Minister for Transport and Regional Development and are applicable on a national level, extending to all leased airports within Australia. The Act mandates that any building activity at these airports, unless exempted under the regulations, requires prior approval. Moreover, the Act requires that buildings and works at these airports must be occupied or used only when a certificate of compliance is in force, as stipulated under section 106 of the Act. The amendments to the Regulations include the addition of specific decisions made by the Airport Building Controller that are now subject to review by the Administrative Appeals Tribunal, the imposition of time limits for certain decisions made by the Airport Building Controller, and the implementation of changes resulting from the Aviation Legislation Amendment Act (No. 1) 1997, which altered the definition of 'certificates of fitness' to 'certificate of compliance'. These amendments commenced upon notification in the Gazette.

Key Provisions

The Airports (Building Control) Regulations (Amendment) 1997 No. 114 amends the existing Airports (Building Control) Regulations to implement changes required by the Airports Act 1996 and consequential to the Aviation Legislation Amendment Act (No. 1) 1997. The key provisions of these amendments are outlined in the Regulations and relate primarily to the approval process for building activities at airports and the issuance of certificates of compliance. Section 99 of the Act requires that building activities at airports are approved under the regulations, and Section 106 prohibits the occupation or use of a building without a certificate of compliance. The amendments introduce new time limits for the airport building controller to make decisions on applications for building approvals and certificates of compliance (items 3 and 4), and add additional decisions to those that can be reviewed by the Administrative Appeals Tribunal (item 7). The amendments impose certain obligations and requirements on the parties involved in building activities at airports. Airport building controllers must now determine applications for building approvals and certificates of compliance within specified time frames (items 3 and 4). Building approvals and certificates of compliance must be granted or refused in accordance with the regulations, and any refusal must be reviewable by the Administrative Appeals Tribunal (item 7). Airport-lessees must ensure that any building activities at the airport comply with the regulations and obtain any necessary approvals or certificates before commencing works. Failure to comply with the requirements of the Airports Act 1996 or the Airports (Building Control) Regulations (Amendment) 1997 No. 114 may result in criminal or civil penalties. Section 261 of the Act provides that a person who contravenes a regulation is liable to a fine not exceeding the greater of $5,000, three times the value of the benefit obtained or three penalty units. Additionally, section 262 of the Act provides that a corporation that contravenes a regulation is liable to a fine not exceeding the greater of $50,000, three times the value of the benefit obtained or three penalty units. The maximum penalties for individuals and corporations are therefore $5,000 and $50,000, respectively. Further, section 263 of the Act provides that a person who causes or permits a contravention of a regulation is also liable to a fine not exceeding the greater of $5,000, three times the value of the benefit obtained or three penalty units for an individual, or $50,000 for a corporation. In summary, the Airports (Building Control) Regulations (Amendment) 1997 No. 114 introduces amendments to the approval process for building activities at airports and the issuance of certificates of compliance. These amendments impose obligations and requirements on airport building controllers and airport-lessees, and failure to comply with these requirements may result in criminal or civil penalties. The maximum penalties for individuals and corporations are $5,000 and $50,000, respectively, and persons who cause or permit a contravention of a regulation are also liable to penalties.