Notice of Declaration of Security Controlled Airport and Airside Area – Lord Howe Island Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures in the aviation sector, ensuring the safety and security of passengers and aircraft. This Act was introduced to create a framework for the regulation of aviation security, including the establishment of security controlled airports and airside areas, and it provides the legal basis for the implementation of aviation security measures by the Australian Government. The policy objective of the Act is to protect the aviation industry against acts of unlawful interference and to safeguard the public from threats to civil aviation. In accordance with the Act, this Notice issued by Michael Rowe, the Regional Director of Transport Security Operations within the Department of Infrastructure and Regional Development, revokes the previous declaration of Lord Howe Island Airport as a security controlled airport and re-establishes it with specific boundaries and an airside area. This action formalises the airport's status and delineates the areas subject to heightened security measures, ensuring compliance with the provisions of the Act and maintaining the integrity of the aviation security framework.

Scope and Application

The Aviation Transport Security Act 2004 applies to entities and individuals involved in the aviation industry, including airlines, airports, and other entities conducting activities at or in relation to designated security controlled airports. The Act is of Commonwealth jurisdiction, meaning it applies across Australia and affects all entities operating within the nation’s aviation sector. The Act aims to ensure the security of aviation transport by establishing regulations and requirements for the protection of aircraft, passengers, and airport infrastructure. In this specific case, the Act is used to revoke and then declare Lord Howe Island Airport as a security controlled airport and to establish the boundaries of its airside area, which is essential for enforcing security measures at this location. This notice is effective immediately upon publication in the Commonwealth of Australia Gazette and remains in force until formally revoked and published again in the Gazette. The Act's scope can be extended or restricted through subordinate instruments, which may include regulations detailing specific security protocols or operational standards for designated airports.

Key Provisions

The key provisions of the notice pertain to the revocation and re-declaration of Lord Howe Island Airport as a security controlled airport, along with the establishment of an airside area. The Regional Director of Transport Security Operations, Michael Rowe, revokes the previous declaration of Lord Howe Island Airport as a security controlled airport (subsection 28(2)) and re-declares it as such (subsection 28(2)), while also establishing an airside area for the airport in accordance with section 29 of the Act. The boundaries of the airport and the airside area are detailed in the attached map, which becomes part of this notice. This notice, issued under the Aviation Transport Security Act 2004, is effective from its publication in the Gazette on 31/03/2015. The obligations imposed by this notice on the parties and entities it governs include compliance with the newly established security measures for Lord Howe Island Airport. This includes adhering to the defined boundaries of the airport and the airside area, as well as ensuring that all activities within these areas comply with aviation security regulations. The airport authorities and any other relevant entities must implement and maintain security controls to safeguard the airport and its airside area from potential security threats. Failure to comply with the provisions of this notice could result in various civil or criminal consequences. Under the Aviation Transport Security Act 2004, breaches of security regulations could lead to enforcement actions, fines, or even criminal charges depending on the severity of the breach. Although specific penalties are not detailed in this notice, the Act generally provides for substantial penalties, including fines of up to $330,000 for individuals and $1.65 million for corporations, as well as potential imprisonment terms. The exact penalties would be determined based on the nature and extent of the breach.