Airports Regulations (Amendment)

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Airports Regulations (Amendment) 1997 No. 113

EXPLANATORY STATEMENT

STATUTORY RULES 1997 No. 113

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 Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Section 33 of the Act, as amended by the Aviation Legislation Amendment Act (No. 1) 1997, inter alia, provides that an airport-lessee company must not enter into an airport-management agreement, or vary the agreement, unless the agreement, or variation, is approved by the Minister. In making a decision the Minister must have regard to those matters specified in the regulations.

Subsection 34(1) of the Act provides that regulations may prohibit specified kinds of subleases of an airport lease. Subsection 35(1) of the Act provides that regulations may prohibit specified kinds of licences relating to an airport lease.

Paragraphs 71(2)(j) and (3)(j) of the Act provide that airport master plans must specify certain matters, including "such other matters (if any) as are specified in the regulations".

The Amendment is being made to deal with concerns of the Regulations and Ordinances Committee of the Senate and as a consequence of recent changes to the Act.

The Amendment to the Regulations:

*       makes a technical correction to correct a typographical error (Item 2);

*       makes a new regulation 2.03 which sets out the matters the Minister must take into account when deciding to approve an airport-management agreement under section 33 of the Act (eg whether the agreement provides for the exchange of financial information) (Item 3);

*       provides for appeal to the Administrative Appeals Tribunal by a State or Territory government or an authority of a State or Territory government against the Secretary's decision under subregulation 2.04(1)(g) and (2)(g) to approve a sublease or licence to such a government or authority (Item 4);

*       specifies that the contents of an airport master plan must include, amongst other things, the predicted changes to the OLS and PANS OPS Surfaces and any soil pollution report required under regulation 6.07 of the Airports (Environment Protection) Regulations (Item 5).

Detail of the amendments to the Regulations are set out in the attachment.

The amendments to the Regulations commenced upon notification in the Gazette.

Attachment

Airports Regulations (Amendment)

Item 2

Item 2 makes a minor technical amendment to Regulation 1.03 to clarify that the regulation refers to Schedule 1 which lists the titles that comprise the airport sites of Melbourne (Tullamarine) Airport, Brisbane Airport and Perth Airport.

Item 3

Item 3 inserts a new regulation 2.03 which specifies the matters that must be considered when the Minister approves an airport-management agreement or variation to an airportmanagement agreement. Paragraphs 2.03(1)(a),(d) and (e) deal with the terms upon which an airport management agreement is terminated and is designed to ensure that, in the event that an airport-management agreement is terminated, there is an ability to continue managing and operating the airport with minimal difficulty. Paragraphs 2.03(b) and (c) are designed to ensure that if the airport-lease is terminated, then the Commonwealth has the option to take over an airport-management agreement but is only liable to any charges or liabilities incurred which relate to the period it is a party to the novated agreement. Paragraph 2.03(2)(f) provides that there must be sufficient exchange of financial information between the airport-lessee company and the airport-management company to enable the airport-lessee company to fulfil its reporting obligations under Part 7 of the Act.

Subregulation 2.03(2) defines "assets" for the purposes of paragraph 2.03(1)(a).

Item 4

Item 4 inserts a new regulation 2.05 which provides that a person dissatisfied with the Secretary's decision to approve a sublease or licence to a State or Territory government or an authority of a State or Territory government under paragraphs 2.04(1)(g) and (2)(g) may appeal to the Administrative Appeals Tribunal.

Item 5

Item 5 inserts a new subregulation 5.02(1) which requires a master plan:

*       to specify predicted changes to the PANS-OPS Surfaces and OLS for an airport as result of the development of the airport in accordance with the master plan. (This requirement links to the Airports (Protection of Airspace) Regulations assisting the Secretary in determining under those Regulations, whether or not to protect airspace around an airport in the interests of the safety, efficiency or regularity of future air transport operations into or out of that airport. The terms "PANS OPS Surfaces" and "OLS" are defined in those regulations); and

*       to include the contents of any soil pollution report under regulation 6.09 of the Airport (Environment Protection) Regulations, required under subregulation 6.07(2) of those regulations, before a land use under the master plan is changed to one that is likely to have a greater impact on the environment.

 

Overview

The Airports Regulations (Amendment) 1997 No. 113 is an amendment to the Airports Regulations 1996 under the Airports Act 1996. This amendment was enacted by the Parliament of Australia to address certain technical and procedural gaps identified in the original regulations. The key objective of this amendment was to refine and clarify the regulatory framework governing the management and operation of airports in Australia, ensuring that it aligns with the updated legislative requirements and addresses specific concerns raised by the Regulations and Ordinances Committee of the Senate. This amendment introduces several critical changes, including a technical correction to a typographical error, the establishment of specific criteria for the Minister's approval of airport-management agreements, the provision for appeals to the Administrative Appeals Tribunal regarding certain subleases and licenses, and the inclusion of specific environmental considerations in airport master plans. These changes were implemented to enhance the effectiveness and transparency of airport management practices in Australia.

Scope and Application

The Airports Regulations (Amendment) 1997 No. 113 amends the Airports Regulations 1996 to provide clarifications and improvements in the management and oversight of airport leases and operations, under the Airports Act 1996. The amendments apply to airport-lessee companies and airport-management companies, particularly focusing on the approval processes for airport-management agreements and subleases, and the requirements for airport master plans. This legislation has a national reach as it pertains to airports across Australia, given the application of the Airports Act 1996 at a Commonwealth level. The amendments provide specific considerations for the Minister when approving airport-management agreements, such as ensuring continuity of airport operations upon termination of the agreement and requiring the exchange of financial information between the airport-lessee and management companies. Additionally, the amendments allow for appeals to the Administrative Appeals Tribunal regarding certain sublease and licence approvals and mandate that airport master plans include details on predicted changes to airport surfaces and any required soil pollution reports. These changes aim to enhance the clarity, efficiency, and environmental considerations in airport management agreements and operations across Australia.

Key Provisions

The Airports Regulations (Amendment) 1997 No. 113 introduces several key amendments to the Airports Regulations, which govern the management and operations of airports in Australia. Section 33 of the Airports Act 1996, as amended by the Aviation Legislation Amendment Act (No. 1) 1997, requires that any airport-management agreement or variation must be approved by the Minister, who must consider specific matters outlined in the regulations (Section 33). The new regulation 2.03 details the considerations, such as the terms of agreement termination and the exchange of financial information between the airport-lessee company and the airport-management company (Regulation 2.03). Furthermore, regulations may prohibit certain subleases and licences relating to an airport lease (Subsection 34(1) and 35(1)). The regulations impose specific obligations on airport-lessee companies and the Minister. Airport-lessee companies must not enter into or vary an airport-management agreement without the Minister's approval, and the Minister must consider prescribed matters when making a decision (Section 33). The new regulation 2.03 outlines the detailed considerations the Minister must take into account, such as the terms of termination and financial information exchange (Regulation 2.03). Additionally, the amendment allows for an appeal to the Administrative Appeals Tribunal if a State or Territory government or an authority is dissatisfied with the Secretary's decision regarding a sublease or licence (Regulation 2.05). Airport master plans must also include specified details such as predicted changes to the PANS-OPS Surfaces and OLS, and any required soil pollution reports (Subregulation 5.02(1)). Failure to comply with the requirements set out in the Airports Regulations may result in various civil and criminal consequences. Specifically, entering into or varying an airport-management agreement without the Minister's approval constitutes an offence. The Act does not specify maximum penalties for these breaches, but they can include fines and other sanctions as determined by the courts. Additionally, non-compliance with the requirements for airport master plans can lead to administrative penalties and potential legal action to enforce compliance. The regulations are designed to ensure the safety, efficiency, and regularity of air transport operations, and adherence to these provisions is crucial for maintaining these standards.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.