Airports Regulations (Amendment) 1998 No. 97
EXPLANATORY STATEMENT
STATUTORY RULES 1998 No. 97
Issued by the Authority of the Minister for Transport and Regional Development
Airports Act 1996
Airports Regulations (Amendment)
Section 252 of the Airports Act 1996 (the Act) provides that the GovernorGeneral may make regulations prescribing matters that are required or permitted by the Act to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 12 of the Act provides that regulations may specify an airport to which Part 2 of the Act will apply.
Section 68 of the Act provides that regulations may specify an airport to which Part 5 of the Act will apply.
Section 141(2) of the Act provides that regulations may declare an airportoperator company exempt from requirements relating to preparation of accounts under Division 3, Part 7 of the Act.
Section 180 of the Act provides that regulations may specify an airport to which Part 12 of the Act will apply.
The purpose of the Amendment to the Airports Regulations (the Regulations) is to make drafting changes relating to single-site retail businesses agreed to by the Minister with the Senate Standing Committee on Regulations and Ordinances.
The Amendment also applies various Parts of the Act to various non-core regulated Commonwealth airports in order to continue Commonwealth regulatory oversight at those airports, and provides a financial reporting exemption for the balance of the 1997/98 financial year for the following Phase 2 core regulated airports: Adelaide, Alice Springs, Canberra, Coolangatta, Darwin, Hobart, Launceston and Townsville. The Amendment also implements other minor miscellaneous changes.
In summary, the key amendments:
correct a drafting error that inadvertently led to the prohibition of subleases and licences of an airport lease to individuals in respect of single-site retail businesses. The Amendment permits such subleases and licences, following a request from the Senate Standing Committee on Regulations and Ordinances (refer items 6, 7);
* permit subleases and licences of an airport lease to individuals for car parking bays (refer items 6, 7);
* apply Parts 2, 5, and 12 of the Act to various specified non-core regulated airports in order to continue Commonwealth regulatory oversight at those airports. Those Parts deal respectively with airport leasing and management, planning and building control, and airspace protection (refer items 5, 11, 14);
* exempt Phase 2 core regulated airports from preparing financial accounts under Part 7 of the Act for the balance of the 1997/98 financial year (refer item 13);
* make changes relating to the site definition of Canberra airport, and clarify the site definition procedures for joint-user airports (refer items 4, 15);
* prohibit the granting of subleases and licences to a person as a trustee of a trust (refer items 6, 7); and
* provide for a power of delegation of the Secretary's powers under Part 2 of the Airport Regulations to Senior Executive Service officers of the Department (refer item 9).
Further details of the amendments to the Regulations appear in the Attachment.
The Regulations commenced upon notification in the Gazette.
ATTACHMENT
item 1 - Commencement
Item 1 provides that the Regulations will commence on gazettal.
Item 2 - Amendment
Item 2 provides that the Airports Regulations are amended as set out in these Regulations.
Item 3 - Regulation 1.02 (interpretation)
Item 3 inserts a definition of "Senior Executive Service Officer", which is a technical amendment consequential to proposed new regulation 2.21.
Item 4 - New regulation 1.02A
Item 4 makes a minor technical amendment by clarifying that the leased area of a joint-user airport is the same area for that site as the "airport site" as defined in Schedule 1 of the Regulations.
Item 5 - New regulation 2.01A
Item 5 inserts a new regulation (2.01A) applying Part 2 of the Airports Act 1996 (the Act) to the following non-core regulated airports: Archerfield and Mt Isa in Queensland; Essendon and Moorabbin in Victoria; Jandakot in Western Australia; Parafield in South Australia; and Tennant Creek in the Northern Territory.
Part 2 of the Act contains rules about the leasing and management of leased
Commonwealth airports. The main purpose of this Part is to ensure that at all times the Commonwealth is able to maintain public interest regulatory control over the leasing and management of the airports.
Item 6 - Regulation 2.04 (Prohibited kinds of subleases)
item 6 makes technical amendments to paragraph 2.04(2)(a) that are consequential to the insertion of a new subregulation 2.04(2A).
It inserts a new paragraph 2.04(2)(c) that prohibits the granting of a sublease of an airport lease to a company that is a trust.
It inserts a new subregulation 2.04(2A) that permits subleases of an airport lease to individuals in respect of single site retail businesses and car parking bays.
Item 7 - Regulation 2.12 (Prohibited kinds of licences)
Item 7 makes technical amendments to paragraph 2.12(2)(a) that are consequential to the insertion of a new subregulation 2.12(2A).
It inserts a new paragraph 2.12(2)(c) that prohibits the granting of a licence relating to an airport lease to a company that is a trust.
It inserts a new subregulation 2.12(2A) that permits the granting of a licence relating to an airport lease to individuals in respect of single site retail businesses and car parking bays.
Item 8 - Regulation 2.20 (AAT review of decisions)
Item 8 makes a technical amendment consequential to new regulation 2.21.
Item 9 - New regulation 2.21
Item 9 inserts a new regulation that provides the Secretary with a power to delegate any of the powers in Part 2 of the Regulations to a Senior Executive Service officer performing duties in the Department.
Item 10 - Regulation 3.27 (Delegation)
Item 10 makes a technical amendment consequential to proposed new regulation 2.21.
Item 11 - New regulation 5.01A
Item 11 inserts a new regulation (5.01A) applying Part 5 of the Act to the following non-core regulated airports: Archerfield in Queensland; Essendon and Moorabbin in Victoria; Jandakot in Western Australia; and Parafield in South Australia.
Part 5 of the Act sets out a scheme of regulation of land use, planning and on-airport building at leased Commonwealth airports. The scheme promotes the orderly planning and development of these airports by requiring that master plans, major development plans and building activities be approved and be consistent with each other.
Item 12 - Regulation 7.03 (Financial statements)
Item 12 makes a minor technical amendment to subregulation 7.03(2A).
Item 13 - New regulation 7.03A
Item 13 inserts a new subregulation 7.03A that provides an exemption from preparing financial accounts under Part 7 of the Act for the 1997198 financial year for the following Phase 2 core regulated airports: Adelaide, Alice Springs, Canberra, Coolangatta, Darwin, Hobart, Launceston and Townsville.
This will have the effect of exempting Phase 2 airports leased from 29 May 1998 (Adelaide, Canberra, Coolangatta and Launceston) and 11 June 1998 (Alice Springs, Darwin, Hobart and Townsville) from preparing reports and accounts for the very short period from 29 May or 11 June to 30 June 1998.
Item 14 - New Part 12
Item 14 inserts a new Part 12, which relates to protection of airspace at airports.
Regulation 12.01 applies Part 12 of the Act to the following non-core regulated airports: Archerfield and Mt Isa in Queensland; Essendon and Moorabbin in Victoria; Jandakot in Western Australia; Parafield in South Australia; and Tennant Creek in the Northern Territory.
Part 12 of the Act enables the Commonwealth to make regulations to prevent incursions into airspace where it is in the interests of the safety, efficiency and regularity of air transport operations into or out of an airport to do so.
Item 15 - Schedule 1 (Airport sites)
Item 15 makes technical changes to Schedule 1 of the Regulations relating to the site definition of Canberra airport.