Airports (Environment Protection) Regulations (Amendment)

Overview

The Airports (Environment Protection) Regulations (Amendment) 1998, No. 209, were enacted to address the gap in environmental regulation at non-core regulated airports within Australia, specifically Bankstown, Camden, and Hoxton Park in New South Wales. This amendment to the Airports (Environment Protection) Regulations was introduced to ensure that these airports, which were being corporatised, continued to be subject to Commonwealth oversight regarding environmental management. The regulations were enacted under the Airports Act 1996, with the policy objective of ensuring that environmental standards and strategies are maintained at these airports. The authority to make these regulations was granted by the Governor-General under Section 252 of the Act, enabling the necessary provisions to be prescribed for the effective implementation of the Act's environmental protection mandates.

Scope and Application

The Airports (Environment Protection) Regulations (Amendment) 1998 applies to the specific non-core regulated airports of Bankstown, Camden and Hoxton Park in New South Wales, which were being corporatised on 1 July 1998. This Amendment to the Regulations seeks to maintain the Commonwealth's regulatory oversight in environmental management at these airports, ensuring compliance with the standards and controls set out in Divisions 2 and 3 of Part 6 of the Airports Act 1996. The Amendment extends the application of these divisions to the aforementioned airports, thereby incorporating them into the regulatory framework governing environmental standards and control of on-airport pollution at leased federal airports. This regulatory change ensures that the environmental management practices at these airports align with the broader objectives of the Airports Act 1996. The Amendment commenced on 1 July 1998, as stipulated in the regulations, with specific changes detailed in the attachment to the explanatory statement.

Key Provisions

The primary operative sections of the Airports (Environment Protection) Regulations (Amendment) 1998 are section 1.03A and section 3.01, which pertain to the application of environmental standards and the preparation of environment strategies at specified non-core regulated airports. Specifically, section 1.03A (item 3) applies Division 3 of Part 6 of the Airports Act 1996 to the airports at Bankstown, Camden, and Hoxton Park in New South Wales, which were being corporatised as of 1 July 1998. This division mandates environmental standards and the control of on-airport pollution. Similarly, section 3.01 (item 4) applies Division 2 of Part 6 to the same airports, requiring the preparation and ministerial approval of draft environment strategies for these leased federal airports. The Airports (Environment Protection) Regulations (Amendment) imposes several obligations on the parties and entities it governs. The amendment mandates that the specified non-core regulated airports—Bankstown, Camden, and Hoxton Park—must adhere to the environmental standards and pollution control measures outlined in Division 3 of Part 6 of the Airports Act 1996. Additionally, these airports must prepare and submit draft environment strategies for approval by the Minister as per Division 2 of Part 6. This ensures that the Commonwealth's regulatory oversight for environmental management continues at these airports, even as they undergo corporatisation. Breaching the obligations set out in the amended Regulations could result in significant legal consequences. While the Explanatory Statement does not specify the exact penalties for non-compliance, under the Airports Act 1996, breaches of regulations may attract both civil and criminal penalties. For instance, failing to comply with environmental standards or not submitting an approved environment strategy could result in fines or other enforcement actions. The precise penalties would be determined based on the severity of the breach and applicable legislative provisions, potentially leading to substantial financial penalties or other legal repercussions.