Cocos (Keeling) Islands Airport Facilities Determination (No. 1) 2016

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

Legislation au F2016L00189 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Administrator of the Territory of Cocos (Keeling) Islands

 

Cocos (Keeling) Islands Airport Facilities Determination (No. 1) 2016

 

Authority

The Administrator of the Territory of Cocos (Keeling) Islands (Cocos (Keeling) Islands) (the Administrator) has made this Determination in accordance with the power granted to him under section 4 of the Utilities and Services Ordinance 1996 (CKI).

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 the Landing Fees at the Cocos (Keeling) Islands 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 Cocos (Keeling) Islands Airport having a field length of over 1800 metres.

Other Fees and Charges associated with the use of the Cocos (Keeling) Islands Airport are not being included in this Determination.

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 UTC) 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 Cocos (Keeling) Islands Airport was last gazetted on 30 January 1997 in the Government Gazette.

 

Impact on Airport Users

The Department of Infrastructure and Regional Development 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.

 

Impact on the Territory of Cocos (Keeling) Islands

Under the existing air service contract between the Commonwealth and Virgin Australia Airlines (VAA), the Commonwealth underwrites the provision of regular air services between the Cocos (Keeling) Islands, Christmas Island 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.

 

Consultation

The Department consulted with VAA who provide the existing domestic air service to the Cocos (Keeling) Islands.

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 Cocos (Keeling) Islands 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 Cocos (Keeling) Islands 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 (1101 – 1400 UTC and
1401 – 0000 UTC) 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 Cocos (Keeling) Islands:

• 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

 

Cocos (Keeling) Islands 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 Cocos (Keeling) Islands 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 Cocos (Keeling) Islands Airport having a field length of over 1800 metres.

Other Fees and Charges associated with the use of the Cocos (Keeling) Islands 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 Cocos (Keeling) Islands

Overview

The Cocos (Keeling) Islands Airport Facilities Determination (No. 1) 2016 was enacted by the Administrator of the Territory of Cocos (Keeling) Islands in accordance with the power granted under section 4 of the Utilities and Services Ordinance 1996 (CKI). The primary purpose of this Determination is to standardise the landing fees at the Cocos (Keeling) Islands Airport to align with those of other Code Four Airports in Western Australia, specifically Geraldton, Learmonth, Port Hedland, and Kalgoorlie. This alignment ensures that fees are consistent with the operational standards and practices of other airports with similar field lengths. This legislative instrument aims to address the need for equitable and consistent fee structures across airports in the region, facilitating smoother operations and clearer financial expectations for airport users. In developing the new landing fees, the Administrator consulted with various stakeholders including Virgin Australia Airlines, Toll Remote Logistics, the Australian Airports Association, and the Department of Infrastructure and Regional Development. A community consultation period was also undertaken, where feedback was sought and received from interested parties. The proposed fees were calculated by averaging the charges levied at other Code Four Airports in Western Australia. Importantly, this Determination does not cover other fees and charges associated with the use of the airport, maintaining the distinction between landing fees and other operational costs. The Determination also confirms its compatibility with human rights as recognised in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Cocos (Keeling) Islands Airport Facilities Determination (No. 1) 2016 applies to the Cocos (Keeling) Islands Airport, operated by Toll Remote Logistics on behalf of the Commonwealth. The Act is concerned with setting landing fees for aircraft operations at the airport, ensuring these fees are consistent with other Code Four Airports in Western Australia. It applies to all aircraft operating at the airport, irrespective of whether they are commercial or private, and covers both daylight and night operations. The Act sets out two time periods for operations, aligning with standard practices across Australia, and specifies different landing fees for aircraft based on their maximum take-off weight during these periods. The fees are determined by comparing charges levied at other Code Four Airports within Western Australia and averaging these charges. This Determination does not cover other fees and charges associated with the airport, such as passenger fees or baggage fees. The Act is made under the Utilities and Services Ordinance 1996 (CKI) and is a legislative instrument for the purpose of the Legislative Instruments Act 2003. The Act is compatible with human rights and freedoms as recognised in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, and no human rights implications have been identified.

Key Provisions

The Cocos (Keeling) Islands Airport Facilities Determination (No. 1) 2016, made under section 4 of the Utilities and Services Ordinance 1996, outlines the new Landing Fees for the Cocos (Keeling) Islands Airport. This Determination sets these fees to be consistent with other Code Four Airports in Western Australia. The Cocos (Keeling) Islands Airport is classified as a Code Four Airport due to its field length exceeding 1800 metres. The Determination introduces two time periods for these fees: Daylight Operations from 0001 to 1100 Coordinated Universal Time (UTC) and Night Operations from 1101 to 0000 UTC. This consolidation of night operations into a single time period aligns with the standard operating practices of other Australian airports. The Determination imposes specific obligations on parties using the Cocos (Keeling) Islands Airport. Aircraft operators must pay the stipulated Landing Fees for their respective categories and time periods. For aircraft heavier than 20 tonnes, the fee remains at $15.00 per tonne for daylight operations and $40.00 per tonne for night operations. For aircraft weighing less than 20 tonnes, the fee is set at $300.00 per flight for daylight operations and $800.00 per flight for night operations. These fees are intended to ensure that the costs associated with operating at the airport are aligned with those of comparable facilities in Western Australia. Failure to comply with the provisions of this Determination may result in civil or administrative penalties, although specific penalties are not detailed within the text. Given that this is a legislative instrument under the Legislative Instruments Act 2003, non-compliance could potentially lead to enforcement actions by relevant authorities. The impact of such non-compliance could include financial penalties or other administrative consequences, as determined by the applicable laws and regulations of the Territory of Cocos (Keeling) Islands. The Determination also highlights the importance of consulting with stakeholders, including Virgin Australia Airlines, Toll Remote Logistics, and the Australian Airports Association, as well as the broader community, to ensure that the changes to the Landing Fees are well understood and accepted. The Department of Infrastructure and Regional Development has undertaken this consultation to mitigate potential adverse effects on airport users and the Territory itself. The feedback received during the consultation period is being addressed in a forthcoming response from the Department.

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