Airports Regulations (Amendment)

Overview

The Airports Regulations (Amendment) 1998 No. 51, enacted as a statutory rule under the Airports Act 1996, was introduced to address the need for updating the existing airport site regulations to accommodate the ongoing privatisation process of Australian airports. Prior to this amendment, the Airports Regulations only recognised Brisbane, Melbourne (Tullamarine), and Perth as airport sites, which were leased by private consortia from the Commonwealth in July 1997. The amendment was necessary to declare additional airports as Commonwealth places, including Adelaide, Alice Springs, Archerfield, Canberra, Coolangatta, Darwin, Essendon, Hobart, Jandakot, Launceston, Moorabbin, Mount Isa, Parafield, Tennant Creek, and Townsville, reflecting the expanding privatisation initiative. The objective of this regulatory change was to ensure that the definitions and descriptions of airport sites within the regulations are aligned with the current land registration systems of the respective states and territories, thereby facilitating the management and operation of these sites under the privatised model.

Scope and Application

The Airports Regulations (Amendment) 1998 No. 51 applies to the Airports Act 1996 and pertains to the amendment of the Airports Regulations to expand the number of airports declared as airport sites. The Act itself applies to the Commonwealth and the declared airport sites, which are now defined as places that are declared by regulation to be airport sites and Commonwealth places. The amendment is part of the ongoing airport privatisation process and extends the scope of the Act to include additional airports beyond the initial three, specifically Adelaide, Alice Springs, Archerfield, Canberra, Coolangatta, Darwin, Essendon, Hobart, Jandakot, Launceston, Moorabbin, Mount Isa, Parafield, Tennant Creek, and Townsville Airports. The amendment effectively replaces the previous regulation that limited the airport sites to Brisbane, Melbourne (Tullamarine), and Perth with an updated list that includes the aforementioned airports. The amendment is intended to facilitate the leasing of these additional airports by private consortia, similar to the process that was already in place for the initial three airports. The amendments will take effect from 1 April 1998.

Key Provisions

The Airports Regulations (Amendment) 1998 No. 51 involves significant changes to the Airports Regulations, altering the declared airport sites under the Airports Act 1996 (the Act). Specifically, Section 252 of the Act allows the Governor-General to make regulations necessary or convenient for carrying out the Act, and this amendment updates the list of airport sites. Regulation 4 replaces the existing regulation 1.03, which only listed Brisbane, Melbourne (Tullamarine), and Perth airports as declared airport sites, with an expanded list that includes Adelaide, Alice Springs, Archerfield, Canberra, Coolangatta, Darwin, Essendon, Hobart, Jandakot, Launceston, Moorabbin, Mount Isa, Parafield, Tennant Creek, and Townsville airports. Regulation 5 further replaces the current Schedule 1 with descriptions of all these airport sites, aligning them with the land registration systems of the respective states and territories. The obligations imposed by these regulations on the parties involved include the formal declaration of these additional airports as Commonwealth places. The regulations require that these sites are accurately described in accordance with state and territory land registration systems, ensuring that the legal status and boundaries of the sites are clearly defined and recognised. This is particularly important for the enforcement of lease agreements and other regulatory requirements associated with these airports. Breach of the regulations could have legal consequences, although the specific offences and penalties are not detailed in the explanatory statement. Under the Airports Act 1996, penalties for non-compliance can include fines and other civil or criminal sanctions as prescribed by the Act. The exact penalties would depend on the nature and severity of the breach, and could be further detailed in the relevant sections of the Act and any associated regulations.