Commonwealth Numbered Regulations - Explanatory Statements

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AIRPORTS AMENDMENT REGULATIONS 2011 (NO. 2) (SLI NO 123 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 123

Subject -         Airports Act 1996

Airports Amendment Regulations 2011 (No. 2)

The Airports Act 1996 (the Act) establishes a regulatory framework for the leased federal airports.

Section 252 of 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 Regulations update the descriptions of airport sites, as set out in Schedule 1 to the Airports Regulations 1997 (the Principal Regulations), to reflect changes in State and Territory land title registers for all federal leased airports.  

Schedule 1 currently describes the identification numbers for the certificates of title for each of the 21 leased federal airport sites.

State and Territory land title registers for federal leased airports have changed because of transfers of land on airport sites that have changed airport site boundaries, or because of changes in administrative processes at land title registries that have led to administrative changes in site descriptions.

The Regulations also remove redundant references in subregulations 3.23 (4), (5) and (6) of the Principal Regulations.  This is a technical, housekeeping amendment.  In 2009, the Principal Regulations were amended to delete paragraph 3.23(2)(b)(ii), which allowed an airport-operator company to provide information in the form of a statement that 'no change had occurred since the previous reporting day'. References to this form of statement in the three subregulations noted above should have been deleted at the time, but were inadvertently missed.

The amendments to the Principal Regulations were subject to consultation with industry stakeholders. 

The Act does not impose any conditions that need to be satisfied before 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 they are registered on the Federal Register of Legislative Instruments.

The Minute recommends that Regulations be made in the form proposed.

Authority:       Section 252 of the Airports Act 1996

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