The Federal Government last week opened consultation on six pieces of airport regulation scheduled to sunset in April 2024.
According to the Department of Infrastructure, the regulations, which sit under the Airports Act 1996, need to be modernised to reduce regulatory burden on airport operators and stakeholders.
The regulations under review are:
- Airports (Building Control) Regulations 1996
- Airports (Control of On-Airport Activities) Regulations 1997
- Airports (Environment Protection) Regulations 1997
- Airports (Ownership—Interests in Shares) Regulations 1996
- Airports (Protection of Airspace) Regulations 1996, and
- Airports Regulations 1997.
Consultation has been opened on the first stage of a five-stage review of the regulation, which covers cutting red tape, duplication, inconsistencies and reporting; leasing and management of airports and airport ownership.
A Regulatory Impact Statement (RIS) for Stage 1a has been published on the Department of Infrastructure and Transport website.
The schedule for the entire review is:
- Stage 1a: Cutting red tape, duplication, inconsistencies and reporting; leasing and management of airports; airport ownership.
- Stage 1b (expected early 2022): Modernising the Act including examining the definition of an airport site and infringement notice schemes.
- Stage 2 (expected mid-2022): Streamlining Commonwealth responsibilities; control of on-airport activities; and quality of service monitoring, reports and accounting.
- Stage 3 (expected late 2022-early 2023): Increasing flexibility and modernising environment protection, building control and protection of airspace.
- Stage 4 Legislative reform (2023): Amendments to the Airports Act 1996.
Sunsetting regulations is common practice done to ensure that legislation has the ability to be updated to make sure it remains relevant over time.
"[sunsetting] ensures legislative instruments are kept up to date and only remain in force for as long as they are needed," the Department of Infrastructure has stated. "Sunsetting is used to determine whether the legislation:
- remains fit for purpose and should be replaced by an instrument substantially the same in form
- should be replaced with substantial changes and improvements, or
- is spent or redundant and can be actively repealed or allowed to sunset without replacement."
A Regulation Impact Statement (RIS) may be required if the sunsetting regulation is re-made with amendments that will make changes to the way the rules operate or the impact they have.
The Federal Government and the Department of Infrastructure and Transport has been under constant pressure from the general aviation community to review practices around oversight of federally-leased airports to restrain operators from converting airport land into commercial developments at the expense of aviation businesses.
This review is expected to cover many of the areas of concern.
Consultation on Stage 1a is set to close on 7 March 2022. All submissions can be made on the Department of Infrastructure and Transport website.