Sunsetting of aviation legislation

Sunsetting of aviation legislation

The Australian Government has finalised remaking a number of legislative instruments under the Airports Act 1996 which were due to sunset on or before 1 April 2026.

Sunsetting is the automatic repeal of a legislative instrument after a fixed period, usually 10 years. The aim is to ensure instruments remain fit for purpose and only in force for as long as required.

Remade regulations

The Airports Regulations 2024 and Airports (Ownership) Regulations 2024 commenced on 1 April 2024. These replaced the Airports Regulations 1997 and the Airports (Ownership—Interests in Shares) Regulations 1996.

In the process of remaking these regulations, the department undertook public consultation on policy matters in early 2022 and an exposure draft of the regulations in mid-2023.

The Airports (Building Control) Regulations 2025, the Airports (Control of On-Airport Activities) Regulations 2026, and the Airports (Protection of Airspace) Regulations 2026 commenced on 1 April 2026. These replaced the Airports (Building Control) Regulations 1996, the Airports (Control of On-Airport Activities) Regulations 1997 and the Airports (Protection of Airspace) Regulations 1996.

The Airports (Environment Protection) Regulations 2026 commenced on 1 April 2026. These regulations replaced the Airports (Environment Protection) Regulations 1997. These regulations include a transitional period until 1 April 2027, during which provisions from the 1997 Regulations will continue to apply.

In the process of remaking these regulations, the department: