AIRPORT REGULATIONS 1992

[Consolidated as at 1 January 2015

on the authority of the Administrator

and in accordance with

the Enactments Reprinting Act 1980]

TABLE OF PROVISIONS

PART 1   —   CHARGES

 1. Short title

 2. Interpretation

 3. Landing, etc charges

 3A. Waiver of charges

 3B. Security deposits

 4. Recovery of charges

 4A. Steps for giving notice

PART 2  —  AIRPORT SECURITY

 5. Aviation Security Identification Card

 6. Prohibited area

 7. Security restricted area

PART 3  —  CONTROL OF COMMERCIAL ACTIVITIES

 8. Control of activities at airport

      Schedule  

Airport Regulations 1992

PART 1  —  CHARGES

Short title

 1. These Regulations may be cited as the Airport Regulations 1992.

Interpretation

 2. In these Regulations, unless the contrary intention appears —

“Act” means the Airport Act 1991;

“aircraft operator” means a person, organisation, or enterprise engaged in, or offering to engage in, an aircraft operation, and “operator” has the same meaning;

“air side” means the part of the airport which is designated to be used for the purposes of parking aircraft, maintaining and repairing aircraft, loading and refuelling aircraft and the take-off and landing of aircraft;

“Airport Manager” means the person from time to time responsible for managing the operation of the airport;

“aviation security identification card” means a card issued under sub regulation 5(1);

“authorised person” means the Airport Manager, a police officer or a person authorised by the Airport Manager for the purposes of Part 2 of the Regulations;

“CASA” means the Civil Aviation Safety Authority established under the Civil Aviation Act 1988 of the Commonwealth;

“police officer” means a person who is a member of the police force for the purposes of the Police Act 1931;

“principal Regulations” means the Airport Regulations 1992;

“prohibited area” means the air side;

“registration” means —

(a) registration under the Civil Aviation Act 1988 of the Commonwealth; or

(b) registration in a foreign country or under a joint registration plan or international registration plan;

“security restricted area” means the part of the air side referred to in subregulation 7(1).

Landing, etc charges

 3. For the purposes of section 3 of the Act, the charges specified in, or calculated in accordance with, the Schedule are prescribed.

Waiver of charges

 3A. (1) The Minister may waive that portion of a charge that is calculated in respect of the movement of a passenger on a Regular Passenger Transport service prescribed in the Schedule if the Minister is satisfied that —

(a) no person has received, or will receive, any consideration for the movement of the passenger; and

(b) the waiver is justified —

(i) to encourage tourism on Norfolk Island; or

(ii) to support a social, cultural or sporting activity on Norfolk Island; or

(iii) to support the participation by a Norfolk Island resident in a social, cultural or sporting activity in a place outside Norfolk Island; or

(iv) for a charitable purpose.

 (2) A person liable for the payment of a charge must apply for the waiver of the charge in writing to the Minister.

 (3) The Minister must, at the first Legislative Assembly meeting after 1 July in each year, table a report setting out the total amount of charges waived on the application of a person under each of Regulations 3A(1)(b)(i) to 3A(1)(b)(iv) during the preceding 12 months.

Security deposits

 3B. (1) For the purposes of subsection 3(5) of the Act the amounts specified in Table B of the Schedule are prescribed.

  (2) The amount deposited in accordance with sub-regulation (1) is called the “security deposit”.

  (3) This regulation does not apply to an operator who was an aircraft operator operating a scheduled passenger service on or before 31 December 2008.

  (4) Every aircraft operator, other than an operator described  in sub-regulation (3), must within 30 days of the commencement of this regulation, or before commencing a public passenger service, deposit with the Administration any security deposit applicable to that operator.

  (5) An operator shall not be permitted to land any aircraft on the airport until the operator’s obligations under this regulation been complied with to the satisfaction of the Minister.

  (6) The Minister may, but is not required to, give notice to an aircraft operator of the aircraft operator’s obligation under sub-regulation (1) and may include in the notice the amount estimated to be payable and a statement that if the amount is not paid within the period required by sub-regulation (4), the operator will not be permitted to land any aircraft on the airport, and such other information as the Minister may decide to include.

  (7) The obligation of an aircraft operator to lodge a security deposit is not dependent upon the Minister issuing a notice under sub-regulation (3).

  (8) A security deposit may be effected by way of─

  (a) payment of a cash sum to the Administration; or

  (b) (i) a bank guarantee; or

   (ii) other security

acceptable to the Minister and capable of being converted to cash by or on behalf of the Administration without prior notice to the aircraft operator.

  (9) If any landing or other charge payable to the Administration in accordance with these Regulations or the Act is not paid within the time payable as stated in an invoice requiring payment, the Minister may direct that the amount payable be deducted from the security deposit and the aircraft operator shall be notified as soon as practicable thereafter.

  (10) If the whole or part of a security deposit is taken by the Administration under sub-regulation (9), the aircraft operator must within 14 days increase or replace the amount of the security deposit so that it complies with the requirement of sub-regulation (1) and in default of such payment the aircraft operator shall not be permitted to land any aircraft on the airport.

  (11) The estimated landing charges under sub-regulation (1) may take account of any waiver of charges made in accordance with regulation 3A.

Note: in subregulation 3B(5), (6), (7), (8) and (9) references to Minister have been corrected to reflect references to mean the Norfolk Island Minister; see end Notes re Interpretation (Amendment) Act 2012.

Recovery of charges

 4. (1) The following persons are jointly and severally liable for the payment of a charge —

(a) the owner of the aircraft in relation to which the charge was incurred; and

(b) the person to whom an Air Operator’s Certificate has been issued under section 27 of the Civil Aviation Act 1988 of the Commonwealth authorising the flight or operation of the aircraft in relation to which the charge was incurred; and

(c) the holder of a certificate of registration for the aircraft in relation to which the charge was incurred; and

(d) the operator of the aircraft operation in the course of which the charge was incurred.

 (1A) A person must pay a charge to the Administration.

  (2) A charge payable under subsection 4(1), but not paid, may be sued for by the Administration in a Court of competent jurisdiction.

   (3) In this regulation reference to “charge” includes a security deposit under regulation 3B.

Steps for giving notice

 4A. The authorised officer will be taken to have taken reasonable steps to give notice of the seizure of an aircraft to each person specified by or under section 3G(2) of the Act if the authorised officer —

(a) notifies the seizure to the person referred to in Regulation 4(1)(b) at the last address notified to CASA in respect of that person; and

(b) in respect of an aircraft registered under the Civil Aviation Regulations 1988 of the Commonwealth, notifies the seizure to each person notified to CASA under those Regulations as having a property interest in the aircraft at the last address notified to CASA under those Regulations in respect of that person; and

(c) in respect of an aircraft registered in a foreign country or under a joint registration plan or international registration plan, notifies the holder of the certificate of registration for that aircraft at the last address notified to the authority administering that system of registration in respect of that holder; and

(d) places notice of the seizure in a newspaper circulating generally —

(i) in respect of an aircraft registered under the Civil Aviation Regulations 1988 of the Commonwealth, in Australia; or

(ii) in respect of any other aircraft, in the country in which the aircraft last landed prior to its seizure; and

(e) if a pilot is in control of the aircraft at the time of its seizure, notifies that pilot of the seizure.

PART 2  —  AIRPORT SECURITY

Aviation Security Identification Card

 5. (1) The Airport Manager may issue an aviation security identification card to a person if the Airport Manager is satisfied that it is necessary for the person to have access to the prohibited area or a security restricted area for the purposes of the Act or these Regulations or for the purposes of the person’s normal business.

  (2) Where the Airport Manager considers that it is no longer necessary for a person to have an aviation security identification card, the Airport Manager may request the person to surrender the aviation security identification card issued to that person.

  (3) A person shall not, without reasonable excuse, fail to comply with a request made under subregulation 5(2).

Penalty: 5 penalty units

Prohibited area

 6. (1) A person shall not, without lawful authority or excuse —

(a) enter into, or remain within, the prohibited area; or

(b) bring an article or thing into, or leave an article or thing in, the prohibited area; or

(c) operate a vehicle in the prohibited area; or

(d) bring an animal or bird into, or leave an animal or bird in, the prohibited area.

Penalty: for a first offence  –  20 penalty units;

for a second offence  –  30 penalty units;

for a subsequent offence  —  50 penalty units

  (2) A person has lawful authority for the purposes of subregulation 6(1) if the person is an authorised person or the person —

(a) is permitted by the Airport Manager to enter into or remain in the prohibited area for the purpose of the normal course of business of the person; or

(b) at all times while in the prohibited area is escorted by, or in the control of, an authorised person; or

(c) is permitted by the Airport Manager to enter into or remain in the prohibited area for a specified purpose.

  (3) An authorised person may request a person to comply with subregulation 6(1).

  (4) A person shall not, without reasonable excuse, fail to comply with a request made under subregulation 6(3).

Penalty: for a first offence  –  20 penalty units;

for a second offence  –  30 penalty units;

for a subsequent offence  —  50 penalty units

  (5) Where a person, article, thing, vehicle, animal or bird is found in the prohibited area and is reasonably suspected of being there without lawful authority, an authorised person may, with such assistance or force as is reasonably necessary, remove that person, article, thing, vehicle, animal or bird from the prohibited area.

Security restricted area

 7. (1) The Airport Manager may, by use of signs or other means, identify an area of the prohibited area as a security restricted area.

  (2) A person shall not, without lawful authority or excuse —

(a) enter into, or remain within, a security restricted area; or

(b) bring an article or thing into, or leave an article or thing in, a security restricted area; or

(c) operate a vehicle in a security restricted area; or

(d) permit an animal or bird in his or her possession, or under his or her control, to enter into or remain within a security restricted area.

Penalty: for a first offence — 20 penalty units;

for a second offence — 30 penalty units;

for a subsequent offence —  50 penalty units

  (3) A person has lawful authority for the purposes of subregulation 7(2) if the person is an authorised person or —

(a) is wearing a valid aviation security identification card issued to that person; or

(b) at all times while in a security restricted area is under the escort of, or in the control of, an authorised person or a person wearing a valid aviation security identification card issued to that person.

  (4) An authorised person shall wear the aviation security identification card issued to that person when in a security restricted area.

  (5) An authorised person may request a person to comply with subregulation 7(2).

  (6) A person shall not, without reasonable excuse, fail to comply with a request made under subregulation 7(5).

“Penalty: for a first offence – 20 penalty units;

for a second offence – 30 penalty units;

for a subsequent offence — 50 penalty units

  (7) Where a person, article, thing, vehicle, animal or bird is found in a security restricted area and is reasonably suspected of being there without lawful authority, an authorised person may, with such assistance or force as is reasonably necessary, remove that person, article, thing, vehicle, animal or bird from the security restricted area.

PART 3  —  CONTROL OF COMMERCIAL ACTIVITIES

Control of activities at airport

 8. A person engaged in private enterprise must not on the airport —

(a) approach incoming passengers for the purpose of  —

(i) recommending goods and services and generally soliciting business; or

(ii) advertising business or wares by distributing invitations or descriptive matter in relation to goods or services; or

(iii) endeavouring to sell goods in a persistent or direct manner; or

(b) display by holding or placing in a conspicuous place boards containing advertising or descriptive matter in relation to goods or services; or

(c) place advertising matter on or in a motor vehicle.

Penalty for a first offence: 5 penalty units

Penalty for a second or subsequent offence: 10 penalty units.

SCHEDULE Regulation 3

In this Schedule —

“movement” means a landing or a take-off;

“non-transit passenger” means a passenger other than a transit passenger;

“transit passenger” means a passenger who in the course of a journey stopped over on Norfolk Island for a period not more than 2 hours;

“specified service” means the Air New Zealand Service Australia - Norfolk Island – Australia.

TABLE A – BASIC CHARGES

Norfolk Island Airport Fees and Charges –

Specified Service

Other than Specified Service

TABLE B – SECURITY DEPOSIT

NOTES

The Airport Regulations 1992 as shown in this consolidation comprises regulations No. 11 of 1992 and amendments as indicated in the Tables below.

Table of Amendments

© Norfolk Island Government 2014

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.