EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 192
Issued by Authority of the Minister for Telecommunications and Aviation Support
Civil Aviation Act 1988
Civil Aviation (Buildings Control) Regulations (Amendment)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Paragraph 98(3)(g) of the Act provides that the power to make regulations provided for in subsection 98(1) includes the power to make regulations for and in relation to the prohibition of the construction of buildings, structures or
objects, the restriction of the dimensions of buildings, structures or objects, and the removal in whole or in part or the marking or lighting of buildings, structures or objects (including trees or other natural obstacles) that constitute or may constitute obstructions, hazards or potential hazards to aircraft flying in the vicinity of an aerodrome, and such other measures as are necessary to ensure the safety of aircraft using an aerodrome or flying in the vicinity of an aerodrome.
The Civil Aviation (Buildings Control) Regulations (the Regulations) provide for the removal or marking of buildings, structures or objects that constitute or may constitute a hazard to aircraft flying in the vicinity of the following aerodromes:
• Sydney (Kingsford Smith) Airport
• Bankstown Airport
• Moorabbin Airport
• Adelaide Airport
• Melbourne Airport
• Essendon Airport
The amending Regulations give effect to two commitments given to the Senate Standing Committee on Regulations and Ordinances by the former Minister for Telecommunications and Aviation Support. Those commitments were to amend regulation 14 of the Regulations to provide criteria for the determination of the way in which compensation is to be paid under that regulation and to amend regulation 15 to provide that a person authorised for the purposes of that regulation should be required to carry an identity card.
The previous regulation 14 provided that where, under the Regulations, a building, structure or object had been removed from any land or had been marked and a person suffered loss or damage, or incurred expense as a result of that removal or marking, then that person was entitled to be paid compensation by the Civil Aviation Authority (the Authority).
Amending regulation 4 repealed the previous regulation 14 and replaced it with a new regulation 14 to provide that the amount of compensation payable to a person who has suffered loss or damage or has incurred expense is such reasonable amount as is agreed between the person and the Authority. Where there is no agreement, the amount shall be determined by a court of competent jurisdiction.
Regulation 15 of the Regulations provides that a person authorised by the Authority may enter upon any land for the
purpose of ascertaining whether the provisions of the Regulations are being complied with. Amending regulation 5 amends regulation 15 to require an authorised person to carry an identification card issued by the Authority. When entering upon any land, the authorised person will be required to produce his or her identification card if asked to do so by the owner or occupier of the land.
The amending Regulations also make drafting changes to regulation 8 which provides for the granting of approval of buildings in the vicinity of an aerodrome to which the Regulations apply and to regulation 11 which provides for the removal, marking or lighting of hazards to air navigation.
The purpose of the amendments to regulations 8 and 11 is to conform with the words of paragraph 98(1)(g) of the Act which specifically provides for ‘the marking or lighting’ of buildings. The reference in regulation 8 to ‘marking’ was changed to ‘marking or lighting’. The reference in paragraph 11(1)(f) to ‘marking, whether by lights or otherwise’ was changed to ‘marking or lighting’.
The Regulations commenced on the date of their notification in the Gazette.
Overview
The Civil Aviation (Buildings Control) Regulations (Amendment) Statutory Rules 1989 No. 192 were enacted to address the need for clearer criteria regarding compensation for loss or damage resulting from the removal or marking of buildings and structures near aerodromes, as well as to ensure that authorised personnel carry identification when entering land to enforce these regulations. This amending legislation was introduced to fulfil commitments made to the Senate Standing Committee on Regulations and Ordinances by the Minister for Telecommunications and Aviation Support. It was issued under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations necessary for the safety of aircraft and the control of buildings near aerodromes. The policy objective of these amendments is to provide a more defined framework for compensation and to enhance the accountability and legitimacy of authorised personnel by requiring them to carry identification cards.
Scope and Application
The Civil Aviation (Buildings Control) Regulations, which amend the Civil Aviation Act 1988, apply to buildings, structures, or objects that constitute or may constitute obstructions, hazards, or potential hazards to aircraft flying in the vicinity of specified aerodromes, including Sydney (Kingsford Smith) Airport, Bankstown Airport, Moorabbin Airport, Adelaide Airport, Melbourne Airport, and Essendon Airport. The Act and the Regulations are applicable to all persons and entities that own or occupy land near these aerodromes and who may be subject to requirements for the removal, marking, or lighting of structures that pose a risk to aircraft. The Act and Regulations are a Commonwealth instrument, but their application is specific to the aerodromes listed. The amending Regulations clarify the process for determining compensation payable to a person who has suffered loss or damage or incurred expense due to the removal or marking of a building, structure, or object. The amending Regulations also specify that authorised persons must carry an identity card when entering land to ascertain compliance with the Regulations. These Regulations do not apply to structures or objects that are not located in the vicinity of the specified aerodromes and do not pose a risk to aircraft. The Regulations are subject to further modification through subordinate instruments, which may extend or restrict their application.
Key Provisions
The Civil Aviation (Buildings Control) Regulations (Amendment) primarily amend the Civil Aviation (Buildings Control) Regulations under the Civil Aviation Act 1988. These amendments focus on updating the compensation criteria for removal or marking of buildings and structures, as well as the identification requirements for authorised persons entering land to ensure compliance with the regulations. Regulation 14 now specifies that compensation for loss or damage due to the removal or marking of buildings or structures is determined by agreement between the affected person and the Civil Aviation Authority. If no agreement is reached, the compensation amount will be decided by a court. Furthermore, regulation 15 mandates that any person authorised by the Authority to enter land to ensure compliance with the regulations must carry an identification card issued by the Authority and present it if requested by the land owner or occupier.
The Regulations impose several obligations on parties and entities involved. The Civil Aviation Authority must ensure that buildings, structures, or objects that could pose a hazard to aircraft are either removed or appropriately marked or lit. They must also determine compensation for any loss, damage, or expense incurred by individuals due to these actions. Additionally, any person authorised by the Authority to enter land must carry a valid identification card and present it upon request. The regulations also require individuals or entities to comply with the requirements for removal, marking, or lighting of buildings or structures that may obstruct aircraft.
Breaches of these regulations can lead to civil and criminal consequences. While the amending Regulations themselves do not specify maximum penalties, violations of the Civil Aviation Act 1988 or the Civil Aviation Regulations 1988 can result in significant penalties. For instance, under the Civil Aviation Act, individuals or corporations found guilty of contravening the Act or Regulations can face fines of up to $500,000 for individuals and $2.5 million for corporations. Additionally, imprisonment terms can be imposed, with maximum penalties varying depending on the severity of the offence. Civil penalties can also be enforced through court actions seeking compensation for damages caused by non-compliance.