Federal Airports Corporation Regulations (Amendment)

Legislation au C2004L04632 Regulations Not in force Legislative Instrument

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Federal Airports Corporation Regulations (Amendments) 1993 No. 344
 

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 344

Issued by Authority of the Minister of Transport and Communications

Federal Airports Corporation Act 1986

Federal Airports Corporation Regulations (Amendments)

Section 74 of the Federal Airports Corporation Act 1986 (the Act) provides that the Governor General may make regulations, for the purposes of the Act, prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to the Act

Paragraph 6(a) of the Act provides that the functions of the Corporation include the operation of Federal airports. Paragraph 8(1)(a) of the Act provides that the functions of the Corporation referred to in paragraph 6 (a) extend to reviewing the use and capacity of existing Federal airports, determining the necessity or desirability of extending or otherwise altering Federal airports and carrying out necessary or desirable extensions to, or alterations of, Federal airports.

The Federal Airports Corporation Regulations (Statutory Rules 1992 No. 255) establish a licensing regime for contractors working at the parallel runway construction site at Sydney (Kingsford Smith) Airport and dredging sites in Botany Bay to ensure that environmental standards are complied with. The Regulations also ensure that specified classes of State laws relating to environmental assessment and development approval processes do not apply to the parallel runway project.

The Regulations define precisely the areas in which the Federal Airports Corporation can licence persons to exercise dredging rights.

The Federal Airports Corporation has proposed to modify its dredging operations for the parallel runway project and has commenced processes to compulsorily acquire dredging rights identical to those which the FAC already has over other areas in Botany Bay in the land identified as A4 in Lot 402 in a plan registered at the New South Wales Land Titles Office as Deposited Plan No 648068 ("A4").

The proposed amendments to the Regulations amend the definition of "dredging site" in subregulation 3(1) to include A4. They also amend the definition of "rights" to include the interests in A4 identified in the declaration made by the Minister for the Arts and Administrative Services under section 22 of the Lands Acquisition Act 1989 and notified in the Gazette on 15 September 1993. These amendments will ensure that the existing environmental standards and controls contained in the Regulations are extended to A4.

The proposed amendments to the Regulations also correct a number of minor typographical errors which were identified by the Senate Standing Committee on Regulations and Ordinances.

The proposed amendments to the Regulations would commence on gazettal.

 

Overview

The Federal Airports Corporation Regulations (Amendments) 1993 No. 344, issued under the authority of the Minister of Transport and Communications, serve to amend the Federal Airports Corporation Regulations (Statutory Rules 1992 No. 255). These amendments are enacted pursuant to section 74 of the Federal Airports Corporation Act 1986, which empowers the Governor General to make regulations necessary for the Act's implementation. The primary aim of these amendments is to modify the definition of "dredging site" to encompass a specific area identified as A4, thereby extending the environmental standards and controls already in place for the parallel runway project at Sydney Airport to this new site. Additionally, the amendments correct minor typographical errors identified by the Senate Standing Committee on Regulations and Ordinances, ensuring the integrity and accuracy of the regulatory framework governing the Corporation's operations.

Scope and Application

The Federal Airports Corporation Regulations (Amendments) 1993 No. 344, made under the authority of the Minister of Transport and Communications, pertains to the Federal Airports Corporation Act 1986. This legislation applies to the Federal Airports Corporation, which is responsible for the operation of federal airports and the review, extension, and alteration of these facilities as stipulated in sections 6(a) and 8(1)(a) of the Act. The regulations primarily govern contractors involved in the parallel runway construction at Sydney (Kingsford Smith) Airport and dredging operations in Botany Bay, ensuring compliance with environmental standards and exempting certain state laws from applying to the parallel runway project. The amendments introduced by these regulations extend the definition of "dredging site" to include a specific area designated as A4, ensuring that existing environmental controls are applied uniformly across all relevant sites. Additionally, the amendments rectify minor typographical errors identified by the Senate Standing Committee on Regulations and Ordinances, and they will take effect upon gazettal.

Key Provisions

The main operative sections of these regulations concern the amendment of the definition of "dredging site" and "rights" to include the specific area A4 in Lot 402 in a plan registered at the New South Wales Land Titles Office as Deposited Plan No 648068. This amendment is intended to ensure that the environmental standards and controls applicable to dredging operations are extended to cover this particular area (subregulation 3(1)). Additionally, these amendments address minor typographical errors identified by the Senate Standing Committee on Regulations and Ordinances. These amendments are designed to streamline and clarify the regulatory framework governing the Federal Airports Corporation's operations, particularly in relation to environmental compliance. The obligations imposed on parties or entities governed by these regulations include adhering to the specified environmental standards and controls. This includes obtaining necessary licences for dredging activities within the newly defined dredging sites. The Federal Airports Corporation must ensure that all activities within the A4 area comply with the existing regulations, which are aimed at protecting the environment and ensuring sustainable practices. Furthermore, the Corporation must maintain accurate records of all activities and licences issued, as well as provide regular reports to relevant authorities to demonstrate compliance with the regulatory requirements. Failure to comply with the provisions of these regulations can result in various penalties and consequences. Depending on the severity and nature of the breach, penalties may include fines, suspension or revocation of licences, and other administrative sanctions. In cases of serious non-compliance that result in significant environmental harm, more severe penalties, including criminal charges, may apply. The maximum penalties for breaches are not explicitly stated in the text, but they are typically determined by the specific provisions of the Federal Airports Corporation Act 1986 and any related legislation. These penalties serve as deterrents to ensure that all parties involved adhere to the regulatory standards designed to protect the environment and public interests.

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Environmental Law
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Regulation
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Definitions & Interpretation
Licensing & Registration
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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.