Airports Legislation Amendment Regulations 2009 (No. 1)1

Select Legislative Instrument 2009 No. 43

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Airports Act 1996.

Dated 13 March 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Contents

 1 Name of Regulations 

 2 Commencement 

 3 Amendment of Airports Regulations 1997

 4 Amendment of Airports (Building Control) Regulations 1996

 5 Amendment of Airports (Control of On-Airport Activities) Regulations 1997

 6 Amendment of Airports (Environment Protection) Regulations 1997

 7 Transitional for amendment of Airports (Control of On-Airport Activities) Regulations 1997 — undetermined applications for ADAs and AUAs             

Schedule 1 Amendments of Airports Regulations 1997

Schedule 2 Amendments of Airports (Building Control) Regulations 1996

Schedule 3 Amendments of Airports (Control of On-Airport Activities) Regulations 1997

Schedule 4 Amendments of Airports (Environment Protection) Regulations 1997

1 Name of Regulations

  These Regulations are the Airports Legislation Amendment Regulations 2009 (No. 1).

2 Commencement

  These Regulations commence on the day after they are registered.

3 Amendment of Airports Regulations 1997

  Schedule 1 amends the Airports Regulations 1997.

4 Amendment of Airports (Building Control) Regulations 1996

  Schedule 2 amends the Airports (Building Control) Regulations 1996.

5 Amendment of Airports (Control of On-Airport Activities) Regulations 1997

  Schedule 3 amends the Airports (Control of On-Airport Activities) Regulations 1997.

6 Amendment of Airports (Environment Protection) Regulations 1997

  Schedule 4 amends the Airports (Environment Protection) Regulations 1997.

7 Transitional for amendment of Airports (Control of On-Airport Activities) Regulations 1997 — undetermined applications for ADAs and AUAs

 (1) If:

 (a) an application for an ADA was made under subregulation 125 (1) of the Airports (Control of On-Airport Activities) Regulations 1997 before the commencement of these Regulations; and

 (b) the airport-operator company or approved issuing authority did not make a decision on the application before the commencement of these Regulations;

then subregulations 125 (2) and (3) of the Airports (Control of On-Airport Activities) Regulations 1997, as in force immediately before the commencement of these Regulations, apply to the application.

 (2) If:

 (a) an application for an AUA was made under subregulation 127 (1) of the Airports (Control of On-Airport Activities) Regulations 1997 before the commencement of these Regulations; and

 (b) the airport-operator company or approved issuing authority did not make a decision on the application before the commencement of these Regulations;

then subregulations 127 (2) and (3) of the Airports (Control of On-Airport Activities) Regulations 1997, as in force immediately before the commencement of these Regulations, apply to the application.

Schedule 1 Amendments of Airports Regulations 1997

(regulation 3)

[1] Paragraph 1.03 (1) (f)

omit

[2] After paragraph 1.03 (1) (h)

insert

 (ha) Gold Coast Airport — that is, the place made up of the land described in Part 1.8A of that Schedule;

[3] Paragraph 1.03 (1) (ia)

omit

[4] Paragraph 2.01A (ba)

omit

[5] Subregulation 3.23 (2)

omit

For section 60 of the Act, within 14 days

insert

For section 60 of the Act and subject to subregulation (2A), within 30 business days

[6] After subregulation 3.23 (2)

insert

 (2A) An airport-operator company may, in writing, ask the Minister for more than 30 business days to give the Minister the declaration or written return required under subregulation (2).

 (2B) The request must specify the number of additional days required.

 (2C) The Minister may, in writing, on his or her own initiative or on a written request by an airport-operator company, allow the airport-operator company more than 30 business days to give a declaration or written return as required under subregulation (2).

[7] Paragraph 5.02 (1) (b)

omit

Airports (Environment Protection) Regulations

insert

Airports (Environment Protection) Regulations 1997

[8] Paragraph 5.02 (3) (b)

omit

the Transitional Act; and

insert

the Transitional Act.

[9] Paragraph 5.02 (3) (c)

omit

[10] Regulation 5.02A

omit

[11] Paragraph 8.01 (2) (d)

omit

[12] After paragraph 8.01 (2) (e)

insert

 (ea) Gold Coast Airport;

[13] Paragraph 12.01 (ba)

omit

[14] Schedule 1, Part 1.6

omit

[15] Schedule 1, after Part 1.8

insert

Part 1.8A Gold Coast Airport

The land in:

 (a) the following Queensland certificates of title:

 (i) 17457085;

 (ii) 18265246;

 (iii) 18287103

 (b) the following New South Wales certificates of title:

 (i) folio identifier 2/535537;

 (ii) folio identifier 1/582467

Note   A fuller description of the land is given in the Note at the end of this Schedule.

[16] Schedule 1, Part 1.9A

omit

[17] Schedule 1, Note at the end of the Schedule, Coolangatta Airport table

omit

[18] Schedule 1, Note at the end of the Schedule, after Essendon Airport table

insert

[19] Schedule 2, Part 2, heading

substitute

Part 2 Adelaide, Alice Springs, Canberra, Darwin, Gold Coast, Hobart, Launceston and Townsville Airports

[20] Schedule 3, Part 2, heading

substitute

Part 2 Adelaide, Alice Springs, Canberra, Darwin, Gold Coast, Hobart, Launceston and Townsville Airports

Schedule 2 Amendments of Airports (Building Control) Regulations 1996

(regulation 4)

[1] After paragraph 2.05 (1) (c)

insert

 (ca) if the proposed building activity is not, or does not comprise part of, a major airport development — a statement to that effect; and

 (cb) if the proposed building activity is, or comprises part of, a draft major development plan — a statement to that effect; and

[2] Subregulation 2.05 (2), including the note

substitute

 (2) If there is a final master plan, an approved major development plan, or a final environment strategy for the airport, the application must be supported by a declaration by the airport-lessee company for the airport.

 (3) The declaration must state whether the proposed building activity is consistent with the final master plan, the approved major development plan, or the final environment strategy, as the case may be.

Note   Major airport development is defined in section 89 of the Act. See also the Airports Regulations.

[3] Subregulation 2.11 (1)

omit

An

insert

Subject to subregulations (1A) and (1B), an

[4] After subregulation 2.11 (1)

insert

 (1A) If the proposed building activity is, or comprises part of, a major airport development, the airport building controller must not make a decision on the application for its approval before the major development plan has been decided, or taken to be approved, by the Minister under section 94 of the Act.

 (1B) If the Minister refuses to approve the draft major development plan, the airport building controller must not deal with the application for approval of the building activity.

 (1C) If the proposed building activity is, or comprises part of, a major airport development, the airport building controller must advise the applicant, orally or in writing, of the effect of subregulations (1A) and (1B).

[5] Subregulation 2.11 (2)

omit

If,

insert

Subject to subregulation (2A), if,

[6] After subregulation 2.11 (2)

insert

 (2A) The airport building controller must not request further information under subregulation (2) in respect of a building activity that is, or comprises part of, a major airport development before the major development plan has been decided, or taken to be approved, by the Minister under section 94 of the Act.

[7] Subregulation 2.11 (6), including the note

substitute

 (6) If a building activity is not, or does not comprise part of, a major airport development, the airport building controller is taken to have refused to approve the building activity if it has not given the applicant notice of its decision before the end of 28 days after:

 (a) if no further information is requested in accordance with subregulation (2) — receiving the application for approval of the building activity; or

 (b) if further information is requested in accordance with subregulation (2) — receiving the further information.

 (7) If a building activity is, or comprises part of, a major airport development, the airport building controller is taken to have refused to approve the building activity if it has not given the applicant notice of its decision before the end of 28 days after:

 (a) if no further information is requested under subregulation (2) — the major development plan was approved under section 94 of the Act; or

 (b) if further information is requested under subregulation (2) — receiving the further information.

Note 1   A proposed building activity could be affected by a requirement of the Airports (Environment Protection) Regulations 1997.

Note 2   Under subregulation (2A), an airport building controller must not request further information about a building activity that is, or comprises part of, a major development plan before it has been approved by the Minister.

[8] Schedule 1, Part 3, heading

substitute

Part 3 Brisbane, Archerfield and Gold Coast Airports

[9] Schedule 1, Part 10, heading

substitute

Part 10 Sydney (Kingsford Smith), Camden and Bankstown Airports

[10] Further amendments

Schedule 3 Amendments of Airports (Control of On-Airport Activities) Regulations 1997

(regulation 5)

[1] Paragraph 4 (e)

omit

[2] Regulation 4AA

omit

Airport, Camden Airport and Hoxton Park Airport.

insert

Airport and Camden Airport.

[3] Part 2, Division 4, Subdivision 2, heading

substitute

Subdivision 2 Archerfield Airport, Gold Coast Airport, Mount Isa Airport and Townsville Airport

[4] Regulation 48, heading

substitute

48 Transitional — authority to sell liquor in the terminal of Gold Coast Airport

[5] Subregulation 48 (1), at the foot

insert

Note   The Gold Coast Airport was previously known as Coolangatta Airport.

[6] Regulation 49, heading

substitute

49 Transitional — existing authorities to sell liquor at Gold Coast Airport

[7] Subregulation 49 (1), at the foot

insert

Note   The Gold Coast Airport was previously known as Coolangatta Airport.

[8] Subregulation 55 (1), at the foot

insert

Note   The Gold Coast Airport was previously known as Coolangatta Airport.

[9] Regulation 105, definition of vehicle, at the foot

insert

Note   Some terms used in these Regulations are defined in the Act. For example, for the definition of Airside Vehicle Control Handbook see subsection 172 (2).

[10] Regulation 105, definition of Vehicle Control Handbook

omit

[11] Subregulation 123 (1), at the foot

insert

Penalty:   5 penalty units.

[12] Subregulation 123 (2A), including the note

substitute

 (2A) An offence against subregulation (1) or (2) is:

 (a) a strict liability offence; and

 (b) an infringement notice offence.

Note   For infringement notice offences, see Part 7.

[13] Regulation 136, definition of regulated airport, paragraph (c)

omit

[14] Schedule 1, Part 9, heading

substitute

Part 9 Modifications of Liquor Act 1992 (Qld) that apply only in terminal areas of Gold Coast and Townsville Airports

[15] Further amendments

Schedule 4 Amendments of Airports (Environment Protection) Regulations 1997

(regulation 6)

[1] Paragraph 1.03A (ba)

omit

[2] Paragraph 3.01 (ba)

omit

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.