Exposure Draft—Airports Regulations 2023 and Airports (Ownership) Regulations 2023

The Airports Regulations 1997 and Airports (Ownership—Interests in Shares) Regulations 1996 will sunset on 1 April 2024. Sunsetting is an automatic repeal of instruments after a fixed period, under the Legislation Act 2003. The aim is to ensure instruments remain fit for purpose and only in force for so long as required. These regulations will need to be replaced.

The department’s public consultation on the regulations in early 2022 helped to inform the preparation of replacement regulations, and refine proposed updates. We thank those who provided submissions.

The regulations have been updated to better align with the Act, and reflect modern drafting practice, while generally maintaining the intent and effect of the regulations they replace. For example, spent and redundant provisions have not been replaced. Other changes include:

• Requirements about the ownership and control of airport-operator companies have been consolidated in a single set of regulations.
• Requirements about the ownership and control of airport-operator companies have changed.
  • The department will be able to make requests for information instead of relying on fixed annual reporting requirements, with flexibility to tailor requests for information on a risk-basis (including requesting information less often).
• Subleasing and licencing requirements have been simplified.
  • The requirement for airport-operator companies and their tenants to seek approval of subleases or licences before entering into these commercial arrangements has been removed. Subleases and licences will be permitted by default, provided that they meet certain requirements (are not a kind of prohibited sublease or licence, and includes the required mandatory terms).

We thank all the stakeholders who have reviewed and provided feedback on the draft replacement regulations and their explanatory statements, with the next steps now underway. Please email us on aviationreform@infrastructure.gov.au if you have questions or concerns.

There will be a separate consultation on the replacement of the Airports (Control of On-Airports Activities) Regulations 1997.

Relevant documentation

Exposure draft Airports Regulations 2023

Exposure draft explanatory statement to Airports Regulations 2023

Exposure draft Airports (Ownership) Regulations 2023

Exposure draft explanatory statement to Airports (Ownership) Regulations 2023

Submissions were considered in finalising the regulations, and we thank all who provided feedback.