Christmas Island Airport Facilities Determination (No. 1) 2016

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L00190 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Administrator of the Territory of Christmas Island

 

Christmas Island Airport Facilities Determination (No. 1) 2016

 

Authority

The Administrator of the Territory of Christmas Island (Christmas Island)                                  (the Administrator) has made this Determination in accordance with the power granted to him under section 4 of the Utilities and Services Ordinance 1996 (CI).

This Determination is a legislative instrument for the purpose of the Legislative Instruments Act 2003.

 

Purpose and Operation

The purpose of this Determination is to ensure that the Landing Fees at the Christmas Island Airport are consistent with other Code Four Airports within Western Australia including: Geraldton, Learmonth, Port Hedland; and Kalgoorlie.  Airports are coded based upon their field length with the Christmas Island Airport having a field length of over 1800 metres.

This Determination will also exempt international air service operators from paying a Landing Fee for using the Christmas Island Airport.

Other Fees and Charges associated with the use of the Christmas Island Airport are not being included in this Determination.

The Utility and Services Ordinance 1996, No. 1/97 Christmas Island Airport Fees (1997 Determination) currently provides for three time periods, with these being:

Daylight Operations
0001 – 1100 Coordinated Universal Time (UTC)

UTC is a time standard used worldwide.  At any time, the current UTC time is the same as Greenwich Meridian Time.  UTC is used to calculate the times in individual time zones worldwide.

Night Operations 1

1101 – 1400 UTC

Night Operations 2

1401 – 0000 UTC

 

 

 

Importantly, the proposed Determination will have only two time periods, with these being:

Daylight Operations

0001 to 1100 UTC

Night Operations

1101 to 0000 UTC

This new Night Operations time period will consolidate the two Night Operations in the 1997 Determination (1101 – 1400 UTC and 1401 0000) into one Night Operations time period.

The two time periods in the proposed Determination are consistent with standard operating practices of the other airports within Australia.

The proposed Landing Fees were determined by comparing the fees levied at other Code Four Airports within Western Australia and averaging these charges.

The Landing Fee for the Christmas Island Airport was last gazetted on 30 January 1997 in the Government Gazette (Gazette Number F40 001).

 

Impact on Airport Users

The Department of Infrastructure and Regional Development expects that by exempting international air service operators from paying a Landing Fee for using the
Christmas Island Airport, there will be a resultant decrease in passenger airfares for international air services.

The Department notes that the increase in the Landing Fees for non-international air services operators will need to be incorporated into business operations by affected air service operators or be passed on to passengers.

Under the existing air service contract between the Commonwealth and Virgin Australia Airlines (VAA), the Commonwealth underwrites the provision of regular air services between Christmas Island, Cocos (Keeling) Islands and Perth.  In underwriting these air services, the Commonwealth provides significant subsidisation of the actual cost of the air services, thereby limiting the cost impacts on individual passengers.

 

Impact on the Territory of Christmas Island

The Commonwealth believes that exempting international air service operators from paying a Landing Fee for using the Christmas Island Airport will stimulate economic development on Christmas Island by encouraging international visitors to travel directly from northern destinations.  This is supported by the fact that there are currently two air service providers seeking to commence regular air service operations from northern destinations to Christmas Island.

The commencement of regular air service operations to northern destinations has the potential to establish business links and trade opportunities previously unavailable
to Christmas Island residents and businesses due to the lack of regular flights.  Given the cultural diversity of Christmas Island, with significant Chinese and Malay resident communities, it is expected that social links with family members in northern locations will also be strengthened by access to regular flights.

 

Consultation

The Department consulted with VAA who provide the existing domestic air service to Christmas Island, as well as with representatives of the two airlines seeking to commence international flights to Christmas Island, those being PT Indonesia Air Asia and Air Timor.

The Department also consulted with identified Commonwealth Agencies.

In addition, when determining the new structure of charges, the Department consulted with Toll Remote Logistics, who currently manage the Christmas Island Airport on behalf of the Commonwealth and the peak industry body, the Australian Airports Association.

The Department also undertook a two week community consultation period which involved the issuing of Community Bulletin (2015/59) seeking feedback on changes to the draft determinations which were advertised on the Department’s website.

At the end of the consultation period, feedback was received from one interested party who sought confirmation that any increase to the Landing Fees would not result in increases to air fares.  In addition, this person also sought advice as to whether any increase in the Landing Fees would go to maintenance, repair and upgrade of the airport terminal.

The Department will be preparing a response addressing the issues raised.


Fees and Charges

The following table identifies the changes to the Landing Fees between the 1997 Determination and the proposed Determination for aircraft operations at the Christmas Island Airport.

The 1997 Determination currently provides for three time periods, with these being:

Daylight Operations

0001 – 1100 Coordinated Universal Time (UTC)

UTC is a time standard used worldwide. At any time, the current UTC time is the same as Greenwich Meridian Time.  UTC is used to calculate the times in individual time zones worldwide.

Night Operations 1

1101 – 1400 UTC

Night Operations 2

1401 – 0000 UTC

Importantly, the proposed Determination will have only two time periods, with these being:

Daylight Operations

0001 to 1100 UTC

Night Operations

1101 to 0000 UTC

This new Night Operations time period will consolidate the two Night Operations in that it will consolidate the Night Operations of the 1997 Determination (1100 – 1400 UTC and
1401 – 0000) into one Night Operations time period.

The two time periods in the proposed Determination are consistent with standard operating practices of other airports within Australia.  The proposed Landing Fees were determined by comparing the fees levied at other Code Four Airports within Western Australia and averaging these charges.

 

      Previous Charges   Proposed Charges

 

  1. Landing fees per landing for all aircraft arriving in the Territory of Christmas Island, excluding international air services:

Daylight operations (0001 – 1100 UTC)

1. Aircraft heavier than 20 tonne (MTOW*)  $15.00 per tonne  $15.00 per tonne

2. Aircraft less than 20 tonne (MTOW)  $300.00 per flight  $300.00 per flight

• Night Operations (1101 – 0000 UTC)

1. Aircraft heavier than 20 tonne (MTOW)   $40.00 per tonne  $40.00 per tonne

2. Aircraft less than 20 tonne (MTOW)  $900.00 per flight  $800.00 per flight

*MTOW – Maximum Take-off Weight


Statement of Compatibility with Human Rights

Prepared in Accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Christmas Island Airport Facilities Determination (No. 1) 2016

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of this Determination is to ensure that the Landing Fees at the Christmas Island Airport are consistent with other Code Four Airports within Western Australia including: Geraldton, Learmonth, Port Hedland; and Kalgoorlie.  Airports are coded based upon their field length with the Christmas Island Airport having a field length of over 1800 metres.

This Determination will also exempt international air service operators from paying a Landing Fee for using the Christmas Island Airport.

Other Fees and Charges associated with the use of the Christmas Island Airport are not being included in this Determination.

 

Human Rights Implications

This Determination does not engage any human rights, and it is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

 

 

 

 

 

 

 

Barry Wayne Haase, Administrator of the Territory of Christmas Island

Overview

The Christmas Island Airport Facilities Determination (No. 1) 2016 was enacted to address inconsistencies in the landing fees at the Christmas Island Airport, aligning them with other Code Four Airports within Western Australia, specifically Geraldton, Learmonth, Port Hedland, and Kalgoorlie. The Administrator of the Territory of Christmas Island, acting under the authority granted by section 4 of the Utilities and Services Ordinance 1996, established this Determination to standardise the fees in line with the operational practices of other Australian airports. Additionally, the Determination exempts international air service operators from paying a landing fee, a policy objective intended to reduce passenger airfares for international services and stimulate economic development on Christmas Island by encouraging direct flights from northern destinations. This initiative is expected to foster economic growth and strengthen social links with the island's culturally diverse communities. The Determination also revises the time periods for landing fees, consolidating the existing three periods into two: daylight operations from 0001 to 1100 UTC and night operations from 1101 to 0000 UTC, thereby simplifying the fee structure. The landing fees were determined by averaging the charges levied at other Code Four Airports in Western Australia. While the proposed changes primarily affect the landing fees for non-international air service operators, other fees and charges associated with the use of the Christmas Island Airport remain unaffected. The Department of Infrastructure and Regional Development consulted extensively with various stakeholders, including airlines, industry bodies, and the community, to gather feedback and ensure the Determination's compatibility with human rights.

Scope and Application

The Christmas Island Airport Facilities Determination (No. 1) 2016 applies to the regulation of landing fees at the Christmas Island Airport, ensuring these fees are consistent with other Code Four Airports in Western Australia. This legislation is applicable to all aircraft operations at the airport, excluding international air service operators who are exempt from paying a landing fee. The primary aim is to align the airport's fee structure with standard practices in other airports of similar capacity and to potentially stimulate economic development by encouraging international visitors and trade opportunities. The Administrator of the Territory of Christmas Island made this determination under the power granted by section 4 of the Utilities and Services Ordinance 1996 (CI). While the Determination affects all airport users by adjusting fee structures, it notably exempts international air service operators from landing fees, which is anticipated to lower passenger airfares. Other fees and charges associated with airport use remain unaffected by this Determination. Consultations were conducted with relevant stakeholders, including airlines, the Commonwealth, and the community, to gather feedback and insights on the proposed changes.

Key Provisions

The Christmas Island Airport Facilities Determination (No. 1) 2016 sets out the Landing Fees for aircraft operations at the Christmas Island Airport. The Determination establishes two time periods for these fees: daylight operations (0001 to 1100 UTC) and night operations (1101 to 0000 UTC). For aircraft heavier than 20 tonnes (MTOW), the fee for daylight operations remains at $15.00 per tonne, while the fee for night operations is set at $40.00 per tonne. For aircraft less than 20 tonnes (MTOW), the fee for both daylight and night operations is $300.00 per flight and $800.00 per flight, respectively. Additionally, the Determination exempts international air service operators from paying any Landing Fee. This legislation imposes specific obligations on the parties it governs. Aircraft operators using the Christmas Island Airport must adhere to the stipulated fees for daylight and night operations. International air service operators are exempt from paying any Landing Fees under this Determination. All operators must comply with the specified time periods for operations to correctly apply the appropriate fees. There are no specific offences, penalties, or civil/criminal consequences outlined in the Explanatory Statement for breaches of the Landing Fees as set by this Determination. However, failure to comply with the stipulated fees may result in disputes or legal actions as per the general provisions of the Utilities and Services Ordinance 1996 and other relevant laws. The Department of Infrastructure and Regional Development will address any concerns or feedback received regarding the implementation of the Determination.

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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.