Airports Amendment Regulations 2009 (No. )

1 Name of Regulations

These Regulations are the Airports Legislation Amendment Regulations 2009 (No. 2).

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 Application

The amendment made by Schedule 1 applies in relation to an application for building approval under regulation 2.02 of the Airports (Building Control) Regulations 1996 that:

(a) is made on or after the commencement of these Regulations; or

(b) was made, but not finally determined, before the commencement of these Regulations.

Note 1 The effect of the amendments made by Schedule 1 is that on and after the commencement of these Regulations, a development that is covered by new regulation 5.02A will be a major airport development and must not be carried out except in accordance with a major development plan that is approved or taken to have been approved by the Minister under section 94 of the Airports Act 1996.

Note 2 If an application under regulation 2.02 of the Airports (Building Control) Regulations 1996 for building approval for the development was made, but not finally determined, before the commencement of these Regulations, a draft major development plan for the development will need to be prepared and approved under Part 5 of the Airports Act 1996 before the application can be approved under those Regulations.

Schedule 1 Amendment of Airports Regulations 1997

(regulation 3)

[1] After regulation 5.02

insert

5.02A Meaning of major airport development

(1) This regulation specifies developments for the purposes of paragraph 89 (1) (o) of the Act.

(2) A development that consists of constructing any of the following facilities at an airport is specified:

(a) a residential dwelling (except accommodation for students studying at an aviation educational facility at the airport);

(b) a community care facility;

(d) a primary, secondary or tertiary educational institution (except an aviation educational facility);

(e) a hospital (except a facility the primary purpose of which is to provide emergency medical treatment to persons at the airport and which does not have in-patient facilities);

(f) a child care facility (except a facility that caters principally for the children of persons working at the airport).

(3) A development that consists of extending a facility specified in subregulation (2) is specified if the extension increases the capacity of the facility.

(4) Subregulation (3) applies to an extension of a facility built after the commencement of this regulation and to an extension of a facility built at the time this regulation commences.

(5) In this regulation:

aged care has the meaning given by Schedule 1 to the Aged Care Act 1997.

aged care facility means a facility that provides aged care.

aviation educational facility means any of the following:

(a) a flying training school;

(b) an aircraft maintenance training school;

(d) a facility that provides training for cabin crew;

(e) any other facility the primary purpose of which is to provide training in relation to aviation related activities.

community care facility includes the following:

(a) an aged care facility;

(b) a nursing home;

(d) a respite care facility.

nursing home has the meaning given by section 4 of the National Health Act 1953.

respite care has the meaning given by Schedule 1 to the Aged Care Act 1997.

respite care facility means a facility that provides respite care.

retirement village has the meaning given by section 12 of the Social Security Act 1991.

Schedule 2 Amendment of Airports (Building Control) Regulations 1996

(regulation 4)

[1] Subregulation 2.16 (2)

substitute

(2) However, the airport building controller must not approve an application under subregulation (1) to vary a building approval if:

(a) the variation would significantly alter the character, size or impact of the building activity, or the resulting development; or

(b) the variation relates to a major airport development and there is no major development plan approved for the development.