Sydney Airport Demand Management Amendment Regulations 2009 (No. 1)

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

Legislation au F2009L01621 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 69
 
Issued under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government.

 

 

Sydney Airport Demand Management Act 1997

 

Sydney Airport Demand Management Amendment Regulations 2009 (No. 1)

 

 

Section 74 of the Sydney Airport Demand Management Act 1997 (the Act) provides that the Governor-General may make regulations, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The Act establishes the framework to implement a limit of 80 movements per hour at Sydney Airport and allows the Slot Manager to facilitate an orderly and equitable allocation of arrival and departure slots at Sydney Airport.

 

In particular, section 65 of the Act provides that the regulations may make provision for matters relating to one body corporate ceasing to be the Slot Manager and another body corporate becoming the Slot Manager, including:

(a)   the continued effect of things done by the previous Slot Manager; and

(b)   the substitution of parties to legal proceedings by or against the previous Slot Manager; and

(c)   the transfer of rights and liabilities to the new Slot Manager.

 

Paragraph 60(2)(b) of the Act permits the regulations to confer functions on the Slot Manager.

 

The purpose of the Regulations is to update the provisions of the Sydney Airport Demand Management Regulations 1998 (the Principal Regulations) including:

  • to make them consistent with the Act as amended in 2008;
  • provide the Commonwealth with appropriate access to the records of the Slot Manager;
  • provide for the transfer of records to a new Slot Manager or the Department;
  • facilitate the gathering of movement data at Sydney Airport;
  • require the Slot Manager to report to the Department on slot allocations and actual slot use; and
  • confer additional functions on the Slot Manager to collect information about gate movements, monitor gate movements against slot allocations and provide compliance information.

 

Details of the amendments are set out in the Attachment.

 

Consultations were held with the National Archives of Australia, the Sydney Airport Slot Manager, the Sydney Airport Slot Coordinator, the Compliance Committee and a Working Group comprising representatives from Airservices Australia, Sydney Airport Corporation Limited, Qantas Airways, Virgin Blue, Regional Express, the Regional Aviation Association of Australia and the Board of Airline Representatives of Australia.  The Regulations were drafted in consultation with the Commonwealth Attorney-General’s Department.  The first package of proposed Regulations was released in draft form to the industry representatives listed above for confidential consultation during their development.  All issues raised during consultation have been addressed.

 

The Act specifies no conditions that needed to be satisfied before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on the day after registration on the Federal Register of Legislative Instruments.

 

 

Authority:  Section 74 of the Sydney Airport Demand Management Act 1997

 

 

 

 

 


ATTACHMENT

 

Details of the Sydney Airport Demand Management Amendment Regulations 2009 (No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Sydney Airport Demand Management Amendment Regulations 2009 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provides that the Regulations commence on the day after registration. 

 

Regulation 3 – Amendment of Sydney Airport Demand Management Regulations 1998

 

This regulation provides that the Sydney Airport Demand Management Regulations 1998 (the Principal Regulations) are amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item [1] – regulation 3

 

Regulation 3 of the Principal Regulations has a definition for ‘Demand Management Act’.  This item omits ‘Demand Management Act’ and inserts definitions for ‘Act’, ‘Secretary’, and ‘Slot Manager record’.

 

Item [2] – regulation 5, heading

 

Section 5 of the Principal Regulations provides for the membership of the Compliance Committee.  This item replaces the heading ‘Committee Membership (Demand Management Act, s67)’ with ‘Committee membership (Act, s67)’ to remain consistent with the definitions in regulation 3.

 

Items [3] – subregulation 5(7)

 

Item [3] is consequential to the amendments to the Sydney Airport Demand Management Act 1997 (the Act) that applies a new definition of a ‘gate movement’ to slots.  This item removes the term ‘aircraft’ in subregulation 5(7) of the Principal Regulations and replaces it with ‘gate’ to bring the terminology in line with the Act.

 

Item [4] – After Part 2

 

This amendment inserts new Parts 3, 4 and 5 into the Principal Regulations.

 

Part 3  Functions of the Slot Manager

 

The new Part 3 sets out the regulations to provide the Commonwealth with appropriate access to, and protection of, the records of the Slot Manager.

 

 

 

Regulation 16 - Slot Manager records

 

Subregulation 16(1) describes the records of the Slot Manager to which this Part applies.  This regulation requires the Slot Manager to keep records for 7 years. 

 

Regulation 17 - Disposal of Slot Manager records

 

Regulation 17 sets out the requirements for the Slot Manager to seek approval of the Secretary prior to disposing any records it has kept for 7 years or more.  Subregulation 17(3) specifies that the Slot Manager must not dispose of a record until the Secretary has consented to the disposal of the record in writing.

 

Part 4 Requirements in relation to Slot Manger records

 

The new Part 4 inserts regulations requiring the Slot Manager to report to the Department on slot allocations and actual slot use.  It also sets out the process to facilitate obtaining information from all operators that use Sydney Airport, except those that are exempted under the Act.  This item also confers additional functions on the Slot Manager to collect information about gate movements, monitor gate movements against slot allocations and provide compliance information to the Compliance Committee.

 

Regulation 18 - Requirement to make Slot Manager records available to the Secretary

 

Regulation 18 sets out the procedure for making records of the Slot Manager available to the Secretary.

 

Regulation 19 - Requirement to report

 

The requirement for the Slot Manager to report to the Secretary on a scheduling season or other agreed period is set out in regulation 19.  The Slot Manager must give the Secretary a report on any or all of the items specified in subregulation 19(2) no later than 14 days after the end of the scheduling season or other period to which the report relates.

 

Regulation 20 - Requirement for operators to give reasons for specified gate movements

 

Regulation 20 requires operators to provide a time for which a specified gate movement occurred and reasons as to why a specified gate movement occurred when it did, if requested.  This information is required to administer the compliance scheme.

 

Regulation 21 - Requirement for Airservices Australia to give information about gate movement times

 

Regulation 21 requires Airservices Australia to provide the Slot Manager gate movement times for each allocated slot and gate movement times for gate movements that occur without a slot and without an exemption granted under the Act, if requested.  This information is required to administer the compliance scheme.

 

 

 

 

 

Regulation 22 - Requirement for Slot Manager to give information about specified gate movements

 

Regulation 22 requires the Slot Manager to provide the Compliance Committee with information about specified gate movements, if requested.  This information is required to administer the compliance scheme.

 

Part 5 Transfer of Slot Manager records

 

Part 5 provides for the transfer of records to a new Slot Manager, or to the Department in the event a new Slot Manager has not been appointed.

 

Regulation 23 - Transfer of Slot Manager records to new Slot Manager

 

Regulation 23 requires that if a body corporate ceases to be the Slot Manager, it must transfer the Slot Manager records held by it to a new Slot Manager as soon as practicable after ceasing to be the Slot Manager.

 

Regulation 24 - Transfer of Slot Manager records to Department

 

Regulation 24 requires that if a body corporate ceases to be the Slot Manager and no other body corporate has been appointed as Slot Manager, it must transfer the Slot Manager records held by it to the Department as soon as practicable after ceasing to be the Slot Manager.  This regulation also provides that the Department must hold the records until a new Slot Manager is appointment and transfer them to the new Slot Manager no later than 14 days after they are appointed.

Overview

The Sydney Airport Demand Management Amendment Regulations 2009 (No. 1) were introduced to amend the existing Sydney Airport Demand Management Regulations 1998, ensuring consistency with the amended Sydney Airport Demand Management Act 1997. Enacted under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government, these regulations aim to update the regulatory framework governing the management of demand at Sydney Airport. They address the need for modernising record-keeping practices, enhancing data collection and reporting mechanisms, and clarifying the functions and responsibilities of the Slot Manager. The regulations were developed in consultation with relevant industry stakeholders and the Commonwealth Attorney-General’s Department to ensure comprehensive coverage of the necessary amendments. These amendments include provisions for the transfer of records to a new Slot Manager or the Department, requirements for reporting on slot allocations and gate movements, and the conferral of additional functions on the Slot Manager to improve compliance and monitoring. The regulations facilitate the orderly transition of responsibilities and records when a new Slot Manager is appointed, ensuring continuity in the management of airport slots. They also mandate the Slot Manager to report to the Department on slot allocations and actual slot use, and to provide information about gate movements and compliance to the Compliance Committee. Furthermore, the regulations ensure the Commonwealth has access to Slot Manager records and mandate the retention and disposal of these records in accordance with specified guidelines. The overarching policy objective is to maintain efficient and equitable airport operations while ensuring that all relevant parties have access to the necessary information for effective oversight and management.

Scope and Application

The Sydney Airport Demand Management Act 1997 applies to the management of aircraft movements at Sydney Airport, specifically focusing on the regulation of slot allocations to ensure an orderly and equitable distribution of arrival and departure slots. The Act applies to the Slot Manager, who is responsible for managing and allocating these slots, as well as to the Department responsible for overseeing the implementation of the Act. The Act's jurisdiction is limited to the Commonwealth, with its provisions governing the operations at Sydney Airport. There are no stated exclusions or exemptions under the Act itself, but the scope of its application can be extended or refined through subordinate instruments such as the Sydney Airport Demand Management Amendment Regulations 2009 (No. 1), which provide detailed provisions regarding the management of slot records, the reporting requirements for the Slot Manager, and the process for transferring records when the Slot Manager changes. These regulations are designed to align with the Act and ensure the effective management of airport operations in line with the legislative framework.

Key Provisions

The Sydney Airport Demand Management Amendment Regulations 2009 (No. 1) make significant amendments to the existing Sydney Airport Demand Management Regulations 1998, aligning them with the Sydney Airport Demand Management Act 1997 as amended in 2008. Regulation 3 of the Amendment Regulations modifies the Principal Regulations, with a particular focus on updating definitions and terminology to align with the Act (Item [1] and Item [3]). Furthermore, new Parts 3, 4 and 5 are inserted into the Principal Regulations (Item [4]), which introduce new obligations and requirements for the Slot Manager. Part 3 of the Amendment Regulations sets out the functions of the Slot Manager, including the requirement for the Slot Manager to maintain records for a period of seven years (Regulation 16). These records must be kept in such a manner that they are readily accessible for review and audit. Additionally, the Slot Manager must seek approval from the Secretary before disposing of any records that have been kept for seven years or more (Regulation 17). Disposal of any record is not permitted until the Secretary has provided written consent. Part 4 of the Amendment Regulations imposes specific reporting obligations on the Slot Manager. The Slot Manager must provide reports to the Secretary on slot allocations and actual slot use (Regulation 19). These reports must be submitted no later than 14 days after the end of the scheduling season or other period specified. The Slot Manager is also required to make Slot Manager records available to the Secretary as per Regulation 18. Furthermore, operators and Airservices Australia are required to provide information about gate movements when requested, as per Regulations 20 and 21 respectively. Regulation 22 mandates that the Slot Manager provide information about specified gate movements to the Compliance Committee if requested. Part 5 of the Amendment Regulations addresses the transfer of Slot Manager records. If a body corporate ceases to be the Slot Manager, it must transfer the Slot Manager records to a new Slot Manager or to the Department if no new Slot Manager has been appointed (Regulations 23 and 24). The Department is required to hold these records until a new Slot Manager is appointed and must transfer them to the new Slot Manager within 14 days of their appointment. The Amendment Regulations also include provisions for offences and penalties, although specific details are not provided in the explanatory statement. Generally, breaches of regulations under the Sydney Airport Demand Management Act 1997 can result in civil penalties, which may include fines. In more severe cases, criminal penalties may apply, including imprisonment. The exact penalties would be determined by the specific breach and the discretion of the court. The primary focus of the Amendment Regulations is to ensure compliance with the Act and to facilitate the efficient and orderly management of slot allocations at Sydney Airport.

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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.