The Infrastructure and Regional Development Portfolio Deregulation Annual Report 2014

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The Infrastructure and Regional Development Portfolio Deregulation Annual Report 2014
PDF: 804 KB ReadSpeaker

Foreword

The Hon Warren Truss MP

The Hon. Warren Truss MP
Deputy Prime Minister
Minister for Infrastructure and Regional Development
Leader of The Nationals

The Hon Jamie Briggs MP

The Hon. Jamie Briggs MP
Assistant Minister for Infrastructure and Regional Development

Infrastructure, particularly transport infrastructure, impacts the economic productivity of businesses, the community, and individuals. Maintaining safe and secure transport infrastructure must be balanced with efficiency and effectiveness.

The Coalition's commitment to boosting productivity and reducing red-tape has seen over $2 billion in compliance costs removed in 2014. This report sets out the Infrastructure and Regional Development portfolio's contribution to savings in direct compliance costs to businesses, community organisations, and individuals.

As the transport task grows in line with population growth it is crucial regulatory settings are appropriate for the modern economy, aligned to international standards wherever possible and reducing duplication between agencies and different levels of government.

This report highlights some of the important successes in striking the right balance between protecting the community and removing unnecessary red-tape. These have included, for example:

  • Allowing passengers the freedom to continue to use hand-held electronic devices on certain aircraft during take-off and landing;
  • Reducing fuel burn and maintenance costs for aircraft operators by further enhancing the use of Smart Tracking for airspace management;
  • Introducing flexibility in construction options for boat designers, builders, owners and operators;
  • Removing requirements for retro-fitting some motorcycles and trucks with additional parts no longer aligning with international standards;
  • Removing duplication in pilot licensing red-tape and flight training requirements; and
  • Using online application and approval processes across a range of functions.

Under the Coalition's deregulation agenda, this portfolio has contributed almost $82 million in regulatory savings to industry, community, and individuals and will continue to look to reduce unnecessary costs whilst maintaining appropriate standards of safety and security.

The Hon. Warren Truss MP
Deputy Prime Minister
Minister for Infrastructure and Regional Development
Leader of The Nationals

18 March 2015

The Hon. Jamie Briggs MP
Assistant Minister for Infrastructure and Regional Development

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Introduction

Portfolio Highlights

Between 20 September 2013 and 31 December 2014, the portfolio achieved regulatory savings of close to $82 million1. All changes were undertaken after careful review by relevant regulators and do not compromise Australia's outstanding record in transport safety and security. Across the portfolio, 4,309 spent and redundant items were repealed in 2014 alone. The portfolio has also made a number of significant reforms to benefit business, community organisations and individuals. Examples include:

  • The Civil Aviation Safety Authority (CASA) has recently removed a regulatory barrier prohibiting the use of smart phones and tablets during take-off and landing, adding on average around 40 minutes of productive time for business passengers. This takes into account the high penetration rates of smartphones and other personal electronic devices in the Australian market;
  • To provide for new design and construction standards for the arrangement of accommodation and personal safety on domestic commercial vessels, the Australian Maritime Safety Authority (AMSA) has replaced overly-prescriptive technical requirements for the design and construction of vessels. These also increase flexibility for boat designers, builders, owners and operators and pick up on disparities with current national and international standards, changes in human factors and technology inconsistencies while providing clarity about requirements (a $6 million saving to industry);
  • New motorcycles sold in Australia will no longer be required to be fitted with an Australian specific rear mudguard, bringing Australia in line with Europe (a $14 million saving to industry, including motorbike importers);
  • Certain heavy vehicle combinations are no longer required to fit specialised equipment (spray suppression). This change has strong support from the Australian Trucking Association and will save operators approximately $8.3 million annually; and
  • Changes introduced by CASA to licensing and flying training regulations will reduce duplicate approvals and save the aviation industry more than $2.5 million while maintaining Australia's high safety standards.

deregulatory measures of $82.03m minus regulatory measures of $0.15m gives a net reduction in regulation of $81.88m

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Summary of Key Regulatory Savings and Costs 2014

In 2014, the portfolio oversaw numerous changes to administered regulations providing significant savings for business, community organisations and individuals. The portfolio also introduced several necessary regulatory measures having an overall negligible cost. Further details on these measures are outlined in Appendix A.

Table 1: Summary of key deregulatory savings reported or announced between September 2013 and 31 December 2014

Key measuresReported
Easing of restrictions on electronic devices during flights -$17.66m
Harmonising Australian Design Rules with United Nations (UN) Vehicle Regulations, including the requirement to remove rear mudguards on motorcycles, rear vision mirrors and fog lights for light and heavy vehicles and certain changes to seatbelt requirements -$15.86m
Introducing more flexible explosive trace detection screening arrangements at Melbourne Airport -$8.81m
Repealing spray suppression requirements for B-double trucks registered under the Federal Interstate Registration Scheme -$8.30m
Change in the commencement date of a suite of licensing regulations from 4 December 2013 to 1 September 2014, including postponing the transition date by 9 months -$6.023m
Change to the Required Navigational Performance to enable aircraft to fly curved and shorter approaches to lane -$6.00m
Changes to eliminate disparities between national and international standards relating to the design and construction of domestic commercial vessels around the arrangement of accommodation and personal safety. -$5.85m
Removal of Port Headland (WA) as a ‘controlled' aerodrome -$2.00m
Simplifying and standardising requirements for commercial vessels to carry rescue boats and first aid kits -$1.99m
Other Smaller Measures -$8.54m
Total -$82.03

Table 2: Summary of key regulatory costs reported or announced between September 2013 and 31 December 2014

Key measuresReported
Melbourne Airport—Proposed Runway Development Program—Land Acquisition Strategy—assistance for landowners to obtain legal and land valuation advice $0.055m
Airservices Australia Enroute Charges Payment Scheme—reimbursement of Airservices Australia enroute navigation charges $0.035m
—Enables single-pilot operations in Cessna 500 and 522 series aeroplanes provided pilots complete an approved single-pilot authorisation course $0.021m
Change to Australian Design Rule (ADR) 31/03 and 31/05–introducing requirements for Electronic Stability Control on passenger cars and light commercial vehicles and Brake Assist Systems on new light commercial vehicles—harmonisation with United Nations regulations $0.018m
New standards for the publication of aeronautical data and information $0.010m
Allows aircraft to operate on a narrower runway provided the aircraft can operate on the runway together with a requirement two operators undertake relevant flight testing $0.007m
Hobart International Airport Runway Extension—cost of administering long term funding agreement between Hobart Airport and the Commonwealth $0.0014m
Total $0.147m

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Regulation Impact Statements

The portfolio has been compliant with all requirements for the reporting period. Between September 2013 and December 2014, the portfolio completed two major (long form) Regulatory Impact Statements (RIS), which are available on the Office of Best Practice Regulation's website at: ris.dpmc.gov.au.

  • Electronic Stability Control for Light Commercial Vehicles. Amendments to Australian Design Rules 31/03 and 35/05 required new light commercial vehicles to be fitted with Electronic Stability Control, which can be effective in reducing single vehicle crashes.
  • Brake Assist Systems/ Amendments to Australian Design Rules 31/03 and 35/05 required new light passenger and commercial vehicles to be fitted with Brake Assist Systems, which help drivers to stop more quickly in emergencies.

The portfolio also completed a number of Regulatory Impact Statements not requiring a ‘long-form’ RIS. In addition, on 21 April 2014, the Prime Minister gave approval for an amendment to the Qantas Sale Act (Amendment Bill 2014) to proceed without the completion of a RIS. This change will be subject to a Post Implementation Review.

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Portfolio Activity Supporting the Government's Red-Tape Objective

Deregulation Unit

A Deregulation Unit was established within the Department in December 2013 and is led by the Department's Chief Operating Officer. It provides central coordination and oversight of portfolio regulatory activities in its role in leading the Department's implementation of the deregulation agenda.

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Consultation

The Department and portfolio agencies used existing stakeholder engagement arrangements ensuring stakeholders with appropriate expertise were informed about the Government's red-tape objectives as well as consultation on specific deregulation activities.

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Ministerial Advisory Councils

In light of the diversity of the industry sectors covered by the portfolio, the Deputy Prime Minister decided existing stakeholder consultative bodies would be the appropriate vehicle to undertake consultation on the Government's red-tape objectives. This has avoided duplication of resources ensuring industry-specific concerns are addressed at each meeting. Throughout 2014, deregulation has been discussed at a number of industry forums, and consultation will be ongoing in future years of deregulation policy.

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Stakeholder Consultation

Throughout 2014, the Department and portfolio agencies undertook a very wide range of consultations on general and specific topics related to the deregulation and cutting red-tape in the transport industry, including, but not limited to:

  • Over 50 meetings with various industry bodies;
  • Some 10 meetings with businesses engaged in the transport industry;
  • Specific targeting of selected stakeholders and the conduct of industry workshops on specific topics of deregulation;
  • The issue of several detailed discussion papers for industry or public discussion and feedback;
  • The release of various regulatory impact and costing analyses online; and
  • Meetings with reference and working groups to discuss specific issues.

In all there were over 80 interactions with a broad range of stakeholders. The extensive consultations were instrumental in providing guidance and feedback on opportunities for removing unnecessary barriers to productivity while balancing risks.

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Letters of Expectation

On 27 March 2014, the Deputy Prime Minister and Minister for Infrastructure and Regional Development, the Hon Warren Truss MP, wrote to all transport regulators advising them of the Government's approach to deregulation and its red-tape reduction agenda.

This ensured the portfolio's efforts were coordinated and all agencies understood the Government's vision of improving the administration of regulation and the performance of regulators, while maintaining public safety.

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The Audit of Regulations—Major Findings

As part of the Government's commitment to reduce regulatory burden, each Commonwealth portfolio conducted an Audit of Regulations (the Audit), including estimates of the regulatory cost imposed on business, individuals and the community. The Audit aimed to establish a baseline against which the Government and stakeholders can measure reductions in red-tape and to inform consideration of future areas of reform. The Audit process was led by PM&C including through the provision of guidance on the methodology to ensure a consistent approach across portfolios.

Stage One of the Audit catalogued all regulations administered by the portfolio to determine their number and type. Stage Two of the Audit required each portfolio to quantify the cost of existing regulation on businesses, community organisations and individuals. The Government agreed a sampling methodology could be used and an estimate of the overall cost of regulation within each portfolio could then be generalised from sample costings.

The costs of regulation were estimated using the Commonwealth's Regulatory Burden Measurement framework (RBM). The RBM includes direct costs of compliance, such as administration, reporting and training requirements but excludes some broader economic costs, such as opportunity costs and unavoidable costs such as those related to international requirements. The RBM methodology is determined by the Office of Best Practice Regulation. Further information can be found at: www.dpmc.gov.au/office-best-practice-regulation/guidance

As the Commonwealth's primary transport safety and security regulator, the portfolio has a diverse range of regulatory responsibilities across a number of industry sectors. Under current Administrative Arrangement Orders, the portfolio is responsible for 89 pieces of primary legislation (see Appendix B). The majority of these regulations relate to the maritime, aviation, transport security and road transport sectors. There are also a number of quasi-regulations relating to rail, infrastructure investment, and local government and territories.

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Stage One

Stage One of the Audit, which was completed in mid-2014, provided a comprehensive list of the portfolio's regulatory stock as at 3 October 2013. Consistent with the Australian Government Guide to Regulation, regulation was defined as any rule endorsed by government where there is an expectation of compliance.

The output of Stage One was a catalogue of existing regulations categorised into a comprehensive list of 335 regulatory “frameworks”2 under Administrative Arrangements Orders (AAOs).

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Stage Two

As part of Stage Two of the Audit the Department used a sampling approach to quantify the cost of the regulatory frameworks catalogued during Stage One. The final sample of 32 regulatory frameworks comprised approximately ten per cent of the 335 frameworks identified in Stage One of the Audit. As the sample is representative of each area of the portfolio and cuts across key industry sectors, it provided a breadth of information from which to generalise Audit results.

This stratified sampling strategy was identified as the most reasonable option to achieve a whole-of-portfolio figure in the time frame provided without unnecessarily diverting resources from core functions.

The portfolio utilised existing consultation forums with industry to test Audit costing assumptions. Some assumptions were published as part of the consultation process where this is business as usual practice for the regulator and those who are regulated. Due to timing constraints and reports of consultation fatigue, consultation processes were tailored with some variation across the portfolio. Much costing information from industry is commercial-in-confidence, which limited the portfolio's ability to extensively test costing information.

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Audit Results

The Audit found the portfolio's total regulatory burden to business, the community and individuals, measured under the RBM, was estimated to be in the order of $972.69 million annually. The portfolio is the key Commonwealth safety regulator in the areas of aviation, maritime and road/vehicle transport. Therefore Audit results are presented in Figure 1 below based on the sector they regulate.

Figure 1 Infrastructure and Regional Development Audit results by sector

Infrastructure and Regional Development Audit results by sector

The portfolio's Audit provides a sound baseline against which to measure progress in cutting red-tape. In addition, Audit results provide a source of information from which to analyse the impacts of regulatory frameworks and identify opportunities for reform. In determining the appropriate regulatory frameworks for each sector the portfolio assesses risks and aims to maintain our high safety and security standards whilst removing compliance costs for which there is no commensurate safety or public interest benefit.

Audit results do not question whether the scale of regulatory burden is appropriate given the risks involved. Audit results also do not capture the burden of Commonwealth regulation on these industry sectors by other portfolios (e.g. Treasury, Environment, Employment). These are captured in associated audits by relevant portfolios.

Table 3 below provides a summary of the results of the portfolio's Audit of Regulations by transport sector in the context of the gross value added3 of the individual sector.

Table 3: Portfolio Audit Results

Infrastructure and Regional Development Regulatory Audit Results
SectorEstimated cost of regulation
$
Gross value added of transport subsectors (BITRE 2014)
$
Estimated cost of regulations as percentage of gross value added for sector
Aviation 403,694,538 6,534,000,000 6.2%
Maritime 253,222,265 9,880,000,000 2.6%
Road transport 294,313,120 23,270,000,000 1.3%
Rail 5,569,622 7,130,000,000 0.1%
Other 15,886,519
Total 972,686,063

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Appendix A: Measures Announced in 2014

In 2014 there were 208 reported regulatory changes, including some 38 regulatory or red-tape improvements contributing to the Government's $1 billion targeted reduction in regulatory costs. Outlined in some detail Table 4 below are the most significant legislative changes in terms of savings. In Table 5 below are brief details of other changes where savings were obtained. Some 170 changes were minor or machinery and did not result in any change in the regulatory burden.

Table 4 Significant Legislative Changes

Infrastructure and Regional Development portfolio

Easing restrictions on electronic devices during flights
  • In August 2014, the Civil Aviation Safety Authority issued guidance to allow for the expanded use of personal electronic devices (PEDs) in all phases of flight, provided the operator can ensure the aircraft is operated safely.
  • This allows passengers to use electronic devices for the full duration of flights, providing substantial improvement in productivity time for passengers, in particular business travellers, an improved passenger experience and uninterrupted access to entertainment.
  • The Department of Infrastructure and Regional Development estimates this will lead to annual savings of $17.6 million in compliance costs.
Harmonising Australian Design Rules with United Nations (UN) Vehicle Regulations
  • The Department of Infrastructure and Regional Development has accelerated its rolling programme of harmonising Australian Design Rules (ADRs) with international standards, while retaining appropriate safety protections.
  • As part of the proposed changes, and consistent with the principle of accepting international standards and risk assessments in the Industry Innovation and Competitiveness Agenda4, the Department has moved in some cases to adopt UN regulations to ensure ADRs are automatically updated when UN regulations are changed. This allows immediate market access to the latest technology and removes Australian-only content from the ADRs where Australian-only content is not warranted. These initiatives can reduce burden by removing the need for businesses and consumers to modify vehicles for features only required in Australia or the need to retest components tested to the requirements of other major markets.
  • To date, the Assistant Minister for Infrastructure and Regional Development has agreed to remove the requirement in ADR 42/04 for mudguard extensions on motorcycles and mopeds on12 September 2014, and the application of the UN Regulation 19 (front fog lamps) on 2 October2014. Abolishing the requirement for mudguard extensions alone will achieve savings of some $14.9 million, with nearly 70,000 new motorcycles no longer required to be retro-fitted with rear mudguard extensions every year.
  • The Department of Infrastructure and Regional Development estimates these changes to design rules will lead to an annual saving of $15.86 million in compliance costs.
Introducing more flexible screening arrangements at Melbourne Airport
  • On 19 November 2014, the Department of Infrastructure and Regional Development served amendments to aviation screening notices to introduce more flexibility at multi-lane passenger screening points at Melbourne Airport.
  • Following a trial in 2013, operators will now have the option to conduct explosive trace detection(ETD) screening operations at the front of a screening point and to test persons in batches of up to three persons per ETD test. Industry will benefit from reduced staffing requirements and reduced capital and maintenance costs, and passengers will save time during the screening process. The improved screening at Melbourne Airport will be achieved while maintaining high security standards.
  • The Department of Infrastructure and Regional Development estimates this will lead to annual savings of $8.8 million in compliance costs.
Repealing spray suppression requirements for heavy vehicles
  • In November 2014, the Minister for Infrastructure and Regional Development agreed to remove the requirement for heavy vehicle operators of B-double truck combinations registered under the Federal Interstate Registration Scheme (FIRS) to fit additional spray suppression devices. This aligns the treatment of trucks under the regime with the Heavy Vehicle National Law.
  • A spray suppression device is a series of guards, flaps and (optionally) bristles fitted around the wheel arches of heavy vehicles. It is intended to absorb the spray from tyres on a wet road to reduce loss of visibility to other drivers. These devices were shown to provide no additional safety benefits over the required mandatory mudguards. Removal of this requirement will alleviate a significant cost on truck operators, without reducing safety.
  • The Department of Infrastructure and Regional Development estimates this will lead to annual savings of $8.3 million in compliance costs.

Civil Aviation Legislation Amendment (Flight Crew Licensing Suite) Regulation 2013

  • This regulation amends the Civil Aviation Legislation Amendment (Part 117) Regulation 2013 and Civil Aviation Legislation Amendment Regulation 2013 (No. 1) to change the commencement date of the licensing suite of regulations (Civil Aviation Safety Regulations 1998 (CASR) Parts 61, 64,141 and 142), as well as CASR Part 117—Representations and Surveys, from 4 December 2013 to1 September 2014. The regulation also postpones the transition dates for the same period of time as the commencement dates (i.e. by an additional nine months).
  • The Department of Infrastructure and Regional Development estimates savings of $6.023 million from the postponement of this measure from 4 December 2013 to1 September 2014. This anomaly under the RBM has been captured for consistency.
Smart Flight Tracking
  • On 13 November 2014, the Minister for Infrastructure and Regional Development announced Airservices Australia would further implement better air traffic navigation procedures which enable modern aircraft to fly curved and shorter approaches to land than traditional procedures.
  • This change will lead to reduced flight times, providing time savings for passengers and lower costs for airlines in terms of fuel consumption, aircraft maintenance miscellaneous extras such as cabin wear and tear.
  • The procedure came into effect in the Gold Coast in November 2014 and the use of the so called“smart tracking” procedures will be rolled out at other locations over the next year in consultation with industry and the community.
  • The Department of Infrastructure and Regional Development estimates this will lead to annual savings of $6.0 million in efficiency gains to industry.
Updating technical requirements for the design and construction of commercial vessels
  • On 18 November 2013, AMSA released updated technical requirements for the design and construction of domestic commercial vessels. The new requirements replace overly-prescriptive technical requirements with requirements based on the performance of vessels' design and construction. For example, changes in some escape requirements align more closely with modern building standards which reduce the amount of materials required during vessel construction without compromising safety.
  • This measure will improve safety outcomes and increase flexibility for boat designers, builders,owners and operators.
  • The Department of Infrastructure and Regional Development estimates this will lead to annual savings of $5.85 million in compliance costs.
CASA 193/14—Repeal—determination of controlled aerodrome—Port Hedland—Legislative Instrument
  • In June 2013, CASA introduced an instrument to establish Port Hedland aerodrome as a controlled aerodrome by November 2014. This would require Airservices Australia to introduce and manage air traffic control services for the surrounding airspace.
  • In August 2014, this instrument was repealed as air traffic levels are not sufficiently high to require the establishment of an air traffic control tower with air traffic control staff.
  • The Department of Infrastructure and Regional Development estimates annual savings of $2.0 million in compliance costs.

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Table 5: Summary of the minor legislative amendments with costs and savings

NameDescription of MeasureCosts (+) or savings (-) in 000s
ADR 14 (Rear Vision Mirrors)—light and heavy vehicles—acceptance of UN Reg 46/03 and application of UN Reg 46 Among other things, this will provide more comprehensive test methods and provide for automatic updating of the ADR. -490
ADR4 (Seatbelts) Alignment of low volume seatbelt requirements with Registered Automotive Workshop Scheme. -460
Administration of the Vehicle Imports elements of the Motor Vehicle Standards Act 1989 Administrative changes include improvements to the Department's web pages, the introduction of a smart application form and improved application assessment system. The changes improve the efficiency and effectiveness in assessing applications and administering the legislation. -441
Motor Vehicle Standards Act 1989 Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005, determined on 7 January 2014. This standard streamlines definitions, applying in common to particular Australian Design Rules. -18
Motor Vehicle Standards Act 1989 Vehicle Standard (Australian Design Rule 31/03—Brake Systems for Passenger Cars) 2013, determined on 22 October 2013 Motor Vehicle Standards Act 1989 Vehicle Standard (Australian Design Rule 35/05—Commercial Vehicle Brake Systems) 2013, determined on 22 October 2013.

ADR 31/03 The standard specifies braking system requirements for passenger cars. Introducing requirements for Electronic Stability Control (ESC) to be fitted to new light commercial vehicles and for Brake Assist Systems (BAS) to be fitted to new light passenger vehicles and light commercial vehicles. (ESC and BAS requirements were taken from the latest version of the international standard United Nations Regulation No. 13-H).

ADR 35/05 The standard aims to ensure safe braking for commercial vehicles and large passenger vehicles under normal and emergency conditions. Introducing requirements for Electronic Stability Control (ESC) to be fitted to new light commercial vehicles and for Brake Assist Systems (BAS) to be fitted to new light passenger vehicles and light commercial vehicles. (ESC and BAS requirements were taken from the latest version of the international standard United Nations Regulation No. 13-H).

-18
Domestic shipping security requirements Various minor administrative and regulatory improvements ensuring consistent treatment of Australian regulated ships.5 -1,864
Streamline aviation Transport Security Program requirements

The amendments broadly fall within the following categories:

  1. Removal of duplicated and/or unnecessary requirements;
  2. increased flexibility in meeting regulatory requirements; and
  3. clarification and simplification of regulatory obligations where possible.
-840
Review of Mapping Requirements for Ports and Port Facility Operations This project reduces quasi-regulations by creating new mapping guidance for port and port facility operators based exclusively on legislative and regulatory requirements. -764
Airports Amendment (Service Monitoring) Regulation 2014

The amendment updates the list of records required to be kept by the four major airports and given to the Australian Competition and Consumer Commission (ACCC) for the monitoring of services at airports.

New objective measures, conducted annually, are introduced and the measure of the amount of time check in counters are open for across the year is removed. The amendment accounts for changes in technology, market conditions and passenger expectations.

-140
Hobart International Airport Runway Extension

This proposal provides Commonwealth funding of $38 million for a runway extension of up to 500 metres and associated works at the Hobart International Airport runway as announced in the Coalition's Economic Growth Plan for Tasmania (the Growth Plan) during the 2013 election campaign.

The Government's funding contribution is capped at $38 million, with the funding to be used for capital works purposes and not ongoing maintenance costs.

The Department will have responsibility for implementing the commitment relating to Hobart International Airport, and for the co-ordination of and reporting on the delivery of all initiatives under the plan. Implementation will introduce a small compliance burden.

+0.144
Airservices Australia Enroute Charges Payment Scheme

The Airservices Australia Enroute Charges Payment Scheme provides a subsidy to air operators providing services to regional and remote communities through a reimbursement of their Airservices Australia enroute air navigation charges.

The Government has committed to introducing a new and better targeted Scheme for regional commercial airlines to support low volume and new routes to small and remote communities while continuing to provide reimbursement of enroute charges for aeromedical services to regional and remote areas.

An airline wishing to apply to have a route designated as eligible under the commercial passenger services component of the Scheme or the aeromedical component of the Scheme will need to complete the Airservices Australia Enroute Charges Payment Scheme Application Form. This process applies for existing as well as new and proposed routes and will introduce a small compliance burden.

+35
Melbourne Airport—Proposed Runway Development Program—Land Acquisition Strategy

The proposal is to acquire, by agreement or by compulsory acquisition if necessary, interests in land adjacent to Melbourne Airport to enable the implementation of the RDP, which includes a new east-west runway and extension to the existing east-west runway, to meet projected aviation demand.

The acquired land will be incorporated into an airport lease. The proposed land acquisition strategy will likely involve the compulsory land acquisition of up to five private landowners whose land parcels are needed for the implementation of the RDP. It will introduce a small compliance burden.

+55
National Stronger Regions Fund Policy approval was given for the Fund. An administration process to be established using on-line systems replacing previous paper based systems for similar, earlier grants programmes. -72
National Standard for Commercial Vessels—Part C7A (Safety Equipment) The Standard was revised to align requirements for rescue boats with the Navigation Act 2012 and clarify requirements for first aid kits. -1,992
Marine Order 54 (Coastal pilotage) 2014

Revision to clarify arrangements for pilotage providers in Australian waters, in accordance with an independent expert panel report in 2008 recommending the order be reviewed 12 months after implementation.

The recommendation was endorsed by Australian Maritime Safety Authority and the Minister.

-40
Marine Order 42 Cargo, stowage and securing—made under the Navigation Act 2012

Revision to reference the International Code of Safe Practice for Ships Carrying Timber Deck Cargoes 2011, replacing the superseded 1991 Code, and creating a new regulation prohibiting the blending of liquid bulk cargoes on vessels during sea voyages.

The Order was also updated to ensure currency, apply a modernised legislative drafting style and accurately reflect international conventions and practices.

-12
Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013 Amends the Civil Aviation Regulations 1988 (CAR) and the Civil Aviation Safety Regulations 1998 (CASR) to allow CASR Part 42 Continuing Airworthiness Management Organisations (CAMOs) and CASR Part 145 Approved Maintenance Organisations (AMOs) to provide continuing airworthiness management and aircraft maintenance services for non-regular public transport aircraft. -1,500
Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013 Amends the Civil Aviation Regulations 1988 (CAR) and the Civil Aviation Safety Regulations 1998 (CASR) to address minor technical matters and provide for more flexible transition arrangements reducing the immediate impact of the flight crew licensing regulations commencing on 1 September 2014, with a specific focus on the reduction of compliance costs, regulatory burden and administration. -1,370
Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014—Legislative Instrument

Amends the Flight Crew Licensing Regulations (CASR Parts 61, 64, 141 and 142). The primary impact is to remove the requirement for businesses undertaking non-integrated flight crew training (Part 141) to implement a Safety Management System (SMS) and appoint a safety manager.

The amendment also removes the requirement for Part 141 operators to prepare an exposition Instead they will required to have an operators manual with substantially the same content.

-1,220
Civil Aviation Legislation Amendment (Part 21) Regulation 2014

The amendment makes three changes:

  • allows minor modifications of a Supplementary Type Certificate (STC) to be made without the owner being required to seek a new STC. The minor changes may be approved by CASA, an approved design organisation or an authorised person;
  • allows defects to be assessed against the applicable airworthiness standards and if the aircraft with the defect complies then continued operation of the aircraft can be approved under Part 21; and
  • clarifies a document issued by the European Aviation Safety Agency (EASA) is taken to be a document issued by the National Aviation Authority of a recognised country removing any doubt CASA can recognise approvals and certificates issued by EASA.
-500
Civil Aviation Order 82.5 Amendment Instrument 2014 (No. 2)- Legislative Instrument; and Civil Aviation Order 82.3 Amendment Instrument 2014 (No. 2)- Legislative Instrument The amendment allows businesses operating Regular Passenger Transport flights to make changes to their Safety Management System (SMS), in accordance with an approved change process, without CASA approval. -270
CASA EX10/14 - Exemption—Requirement for conversion training to be in a Qualified Synthetic Training Device (QSTD) Exempts the Royal Flying Doctor Service of Australia (Queensland Section) Limited from compliance with requirements for conversion training to be conducted in a Qualified Synthetic Training Device in relation to the operation of its B200 aircraft. -259
CASA EX116/14 - Exemption—Employment of part-time check pilots (Capiteq Limited)—Legislative Instrument The exemption allows the use of part-time check pilots for the operator. The operator has sought the exemption primarily because full-time check pilots are not available and/or would not be suitable for their business needs. -90
CASA EX54/14 - Exemption—from appointment of full-time Managers Cabin Crew Training for VAA and VAIA—Legislative Instrument

Exempts Virgin Australia Airlines Pty Ltd and Virgin Australia International Airlines Pty Ltd from the requirement specified in CAO 82.5 for each airline to have its own full-time Manager Cabin Crew Training.

The exemption permits one person to hold both positions, it does not change the regulatory requirements of each position, or the time required to meet regulatory requirements. The primary reason Virgin has applied for this exemption is to ensure consistency of training between the two businesses.

-70
CASA EX117/14 - Exemption—foreign cadet pilots taking flight test for a commercial pilot licence—class 1 medical certificate—Legislative Instrument

Exemption allows foreign cadet pilots who have a class 2 medical certificate to take a flight test for a Commercial Pilot Licence (CPL) without having to obtain a class 1 medical certificate in Australia.

The instrument is being made at the request of an Australian flight training operator trainings around 110 cadets per year for an overseas airline.

-66
Civil Aviation Amendment (Narrow Runways) Regulation 2014—Legislative Instrument Amends CAR 235A permitting aircraft to operate on a runway narrower than the relevant ICAO aerodrome reference code if the aircraft has an approved flight manual specifying the aircraft can operate on the narrower runway. +7
Civil Aviation Legislation Amendment (Part 175) Regulation 2014—Legislative Instrument

CASR Part 175 creates standards for the publication of aeronautical data and information, primarily used for air navigation by pilots.

The regulations apply to the Australian AIS provider (Airservices Australia) and private data service providers. CASR Part 175 consolidates and/or replaces requirements specified in other regulations, including CAR 233 (1) (h).

+10
CASA EX20/14 - Exemption—single-pilot operations in Cessna 500 series aeroplanes

The exemption allows pilots of Australian registered Cessna 500 series aircraft engaged in private operations to operate the aircraft as single pilots subject to certain conditions. It replaces and is similar to a previous instrument except for the following changes:

  • the types of aircraft to which the exemption applies has been extended to include Cessna 500 and Cessna 552 aeroplanes;
  • the pilot must complete Cessna's approved single-pilot authorisation course; and
  • the frequency of proficiency checks is increased from one every 25 months to one every 12 months.
+21

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Appendix B: Primary Legislation administered

As at 31 December 2014, the Infrastructure and Regional Development portfolio administered 89 pieces of legislation.

  1. ACT Self-Government (Consequential Provisions) Act 1988
  2. Adelaide Airport Curfew Act 2000
  3. Air Accidents (Commonwealth Government Liability) Act 1963
  4. Air Navigation Act 1920
  5. Air Navigation Legislation (Validation and Interpretation) Act 1982
  6. Aircraft Noise Levy Act 1995, except to the extent administered by the Treasurer
  7. Aircraft Noise Levy Collection Act 1995, except to the extent administered by the Treasurer
  8. Airports (On Airport Activities Administration) Validation Act 2010
  9. Airports Act 1996
  10. Air Services Act 1995
  11. Airspace Act 2007
  12. Airspace (Consequentials and Other Measures) Act 2007
  13. ANL Act 1956
  14. Ashmore and Cartier Islands Acceptance Act 1933
  15. Australian Capital Territory (Planning and Land Management) Act 1988, except to the extent administered by the Minister for Finance
  16. Australian Capital Territory (Self-Government) Act 1988
  17. Australian Airlines (Conversion to Public Company) Act 1988
  18. Australian Maritime Safety Authority Act 1990
  19. Australian National Railways Commission Sales Act 1997
  20. Aviation Fuel Revenues (Special Appropriation) Act 1988
  21. Aviation Transport Security Act 2004
  22. Canberra Water Supply (Googong Dam) Act 1974
  23. Carriage of Goods by Sea Act 1991
  24. Christmas Island Act 1958
  25. Christmas Island Agreement Acts
  26. Civil Aviation Act 1988
  27. Civil Aviation (Carriers' Liability) Act 1959
  28. Civil Aviation Legislation Amendment Act 1995
  29. Coastal Trading (Revitalising Australian Shipping) Act 2012
  30. Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012
  31. Cocos (Keeling) Islands Act 1955
  32. Competition and Consumer Act 2010, Part X
  33. Coral Sea Islands Act 1969
  34. Damage by Aircraft Act 1999
  35. Inspector of Transport Security Act 2006
  36. International Air Services Commission Act 1992
  37. International Interests in Mobile Equipment (Cape Town Convention) Act 2013
  38. Interstate Road Transport Act 1985
  39. Interstate Road Transport Charge Act 1985
  40. Infrastructure Australia Act 2008
  41. Jervis Bay Territory Acceptance Act 1915
  42. Land Transport Infrastructure Amendment Act 2014
  43. Limitation of Liability for Maritime Claims Act 1989
  44. Local Government (Financial Assistance) Act 1995
  45. Marine Navigation Levy Act 1989
  46. Marine Navigation Levy Collection Act 1989
  47. Marine Navigation (Regulatory Functions) Levy Act 1991
  48. Marine Navigation (Regulatory Functions) Levy Collection Act 1991
  49. Marine Safety (Domestic Commercial Vessel) National Law Act 2012
  50. Marine Safety (Domestic Commercial Vessel) National Law (Consequential Amendments) Act 2012
  51. Maritime Legislation Amendment Act 2007
  52. Maritime Transport and Offshore Facilities Security Act 2003
  53. Motor Vehicle Standards Act 1989
  54. Nation Building Program (National Land Transport) Act 2009
  55. National Transport Commission Act 2003
  56. Navigation Act 2012
  57. Norfolk Island Act 1979
  58. Northern Territory Acceptance Act 1910
  59. Northern Territory (Self-Government) Act 1978, except sections 69 and 70
  60. Parliament Act 1974
  61. Port Statistics Act 1977
  62. Protection of the Sea (Civil Liability) Act 1981
  63. Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008
  64. Protection of the Sea (Harmful Antifouling Systems) Act 2006
  65. Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Funds—Customs) Act 1993
  66. Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Funds—Excise) Act 1993
  67. Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Funds—General) Act 1993
  68. Protection of the Sea (Oil Pollution Compensation Funds) Act 1993
  69. Protection of the Sea (Powers of Intervention) Act 1981
  70. Protection of the Sea (Prevention of Pollution from Ships) Act 1983
  71. Protection of the Sea (Shipping Levy) Act 1981
  72. Protection of the Sea (Shipping Levy Collection) Act 1981
  73. Qantas Sale Act 1992, Part 3, sections 7 to 13 inclusive
  74. Railway Agreement (Western Australia) Act 1961
  75. Removal of Prisoners (Territories) Act 1923, insofar as it relates to the Northern Territory (except to the extent administered by the Attorney-General) and to Norfolk Island, the Territory of Cocos (Keeling) Islands, the Territory of Christmas Island, the Coral Sea Islands Territory, and the Territory of Ashmore and Cartier Islands
  76. Road Charges Legislation Repeal and Amendment Act 2008
  77. Seat of Government Acceptance Acts
  78. Seat of Government Act 1908
  79. Seat of Government (Administration) Act 1910
  80. Shipping Grants Legislation Act 1996
  81. Shipping Reform (Tax Incentives) Act 2012
  82. Shipping Registration Act 1981
  83. Submarine Cables and Pipelines Protection Act 1963
  84. Sydney Airport Curfew Act 1995
  85. Sydney Airport Demand Management Act 1997
  86. Territories Law Reform Act 1992
  87. Territories Law Reform Act 2010
  88. Transport Safety Investigation Act 2003
  89. Urban and Regional Development (Financial Assistance) Act 1974

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Footnotes

1 The figure of $82 million was calculated in accordance with the Government's Regulatory Burden Measurement Framework. Information on this framework can be found at the Office of Best Practice Regulation (OBPR) website: rbm.obpr.gov.au

2 The portfolio's frameworks are based on the primary functions undertaken by departmental divisions and agencies within the portfolio.

3 Gross Value Added (GVA) measures the value of industry production. It is used to measure the contribution of individual industries to Australia's gross production. Figures are based on Bureau of Infrastructure, Transport and Regional Economics (BITRE) imputation of reported 2013-14 transport industry sector GVA using the 2009-10 transport sub-division GVA shares and 2005-06 industry division, sub-division and class income and expenditure estimates (ABS 2007). The Maritime GVA estimate includes the value of international and domestic shipping services provided by the domestic shipping industry and the value of services to water transport, including stevedoring, port operators and water transport terminals. The value of services provided by foreign shipping services is not included.

4 The Industry Innovation and Competitiveness Agenda was announced on 14 October 2014. It focuses on providing the right economic incentives to enable businesses, big and small, to grow. It contains immediate reforms which will boost competitiveness and a range of proposals for public consultation.

5 Initial in-principle policy approval given in 2014; final detailed approval 2015; item will not be further reported.

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