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Federal Airports Corporation Regulations

SR 1992 No. 255 Regulations as amended, taking into account amendments up to SR 1993 No. 344
Registered 25 Mar 2010
Start Date 10 Dec 1993
Date of repeal 10 Sep 1997
Repealed by Federal Airports Corporation Regulations (Repeal)

Federal Airports Corporation Regulations

Statutory Rules 1992 No. 255 as amended

made under the

This compilation was prepared on 13 December 2000
taking into account amendments up to SR 1993 No. 344

[Note: This Statutory Rules is repealed by SR 1997 No. 233]

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra


Contents

Page

                        1  Citation [see Note 1]                                                           3

                        2  Commencement                                                                 3

                        3  Interpretation                                                                      3

                        4  Regulations to bind the Crown                                             5

                        5  Objects                                                                             5

                        6  Operation of by-laws                                                           6

                        7  Application for a licence                                                      6

                        8  Grant of a licence                                                               6

                        9  Duties in relation to a licence                                              8

                       10  Directions                                                                        11

                       11  Cancellation and suspension of a licence                            11

                       12  Review of decisions                                                          13

                       13  Delegation                                                                       13

Schedule 1           Environmental recommendations                                  14

Schedule 2           Works for the Airport                                                      19

Notes                                                                                                          20

 

 

 


  

  

1              Citation [see Note 1]

                These Regulations may be cited as the Federal Airports Corporation Regulations.

2              Commencement

                These Regulations commence on 31 August 1992.

3              Interpretation

         (1)   In these Regulations, unless the contrary intention appears:

Airport means Sydney (Kingsford-Smith) Airport.

Botany Bay Environmental Management Plan Stage 1 means the document of that title published by the Corporation on 20 July 1992, available from the Corporation and as in existence on the day on which these Regulations commence.

Chief Executive Officer means:

                (a)    the person appointed as Chief Executive Officer of the Corporation under subsection 58 (1) of the Act; or

               (b)    a person appointed to act as Chief Executive Officer under subsection 59 (1) of the Act.

dredging site means the land identified as ‘A1’, ‘A3/1’, ‘A3/2’, ‘A4’, ‘B’, ‘C’, ‘D’, ‘F’, ‘G’, ‘H’, ‘V’, ‘X’ and ‘Y’ in the plan registered at the New South Wales Land Titles Office as Deposited Plan No. 648068 comprising part of the land in Certificate of Title Folio Identifier 402/816961.

Environmental Impact Statement means:

                (a)    the document published by the Corporation in accordance with the Environment Protection (Impact of Proposals) Act 1974, available from the Corporation and entitled ‘Proposed Third Runway Sydney (Kingsford Smith) Airport Draft Environmental Impact Statement’, as in existence on the day on which these Regulations commence; and

               (b)    the document published by the Corporation in 2 volumes in accordance with the Environment Protection (Impact of Proposals) Act 1974, available from the Corporation and entitled ‘Proposed Third Runway Sydney (Kingsford Smith) Airport Supplement to the Draft Environmental Impact Statement’, as in existence on the day on which these Regulations commence.

environmental recommendations means the recommendations:

                (a)    made by the Minister for the Arts, Sport, the Environment and Territories in accordance with the Administrative Procedures approved under the Environment Protection (Impact of Proposals) Act 1974; and

               (b)    set out in Schedule 1.

environmental standards means the measures for monitoring, preventing and mitigating the adverse environmental effects of carrying out the works, and exercising the rights, that are set out in:

                (a)    the Botany Bay Environmental Management Plan Stage 1; or

               (b)    the Environmental Impact Statement; or

                (c)    the environmental recommendations.

licensee means:

                (a)    the holder of a licence; or

               (b)    an employee of the holder of a licence; or

                (c)    a minor contractor of the holder of a licence.

licence means:

                (a)    a rights licence; or

               (b)    a works licence.

minor contractor means a person, or an employee of a person, who is engaged by another person under a contract to carry out works, or exercise rights, for:

                (a)    if the fee is set out in the contract — a fee of less than $50,000; or

               (b)    in any other case — a fee that is likely to be less than $50,000 at the time that the contract is entered into.

rights means the interests in the dredging site that are identified in the declarations made under section 22 of the Land Acquisition Act 1989 by the Minister for the Arts and Administrative Services and notified in the Gazette on 13 May 1992 and 15 September 1993.

rights licence means a licence granted under paragraph
8 (1) (b).

the Act means the Federal Airports Corporation Act 1986.

works means the works set out in Schedule 2.

works licence means a licence granted under paragraph
8 (1) (a).

         (2)   A reference in these Regulations to a provision of a law of the State of New South Wales is a reference to a law of that State applied in and in relation to Commonwealth places in that State under the Commonwealth Places (Application of Laws) Act 1970.

         (3)   In these Regulations, an example of a law, or a provision of a law, of the State of New South Wales is an example of the kind of law, or provision of a law, that is referred to in that subregulation or paragraph.

         (4)   If an example of the meaning of a reference to a kind of law, or provision of a law, of the State of New South Wales appears in a subregulation or paragraph of these Regulations:

                (a)    the example is not to be taken to be exhaustive; and

               (b)    if the example is inconsistent with the remainder of the subregulation or paragraph, the remainder of the subregulation or paragraph prevails.

4              Regulations to bind the Crown

                These Regulations bind the Crown in each of its capacities, to the extent that they are capable of doing so.

5              Objects

                The objects of these Regulations are:

                (a)    to ensure that the works are carried out and the rights are exercised in accordance with the environmental standards; and

               (b)    to remove doubt about the extent to which the laws of the State of New South Wales apply to the carrying out of the works or the exercise of the rights; and

                (c)    to remove doubt about the extent to which the provisions of laws of the State of New South Wales applied in and in relation to Commonwealth places in that State under the Commonwealth Places (Application of Laws) Act 1970 apply to the carrying out of the works or the exercise of the rights.

6              Operation of by-laws

                Nothing in these Regulations is intended to exclude the operation of by-laws made under section 72 of the Act.

7              Application for a licence

         (1)   A person may apply in writing to the Chief Executive Officer for a works licence or a rights licence by lodging a written application at:

                (a)    the Corporation’s head office at 2a Lord Street, Botany, New South Wales, 2019; or

               (b)    any other place that the Chief Executive Officer approves as a place to which the application may be lodged.

         (2)   The applicant must state in the application:

                (a)    the kind of licence for which the application is made; and

               (b)    the part of the works that the applicant wishes to undertake or which of the rights the applicant wishes to exercise.

8              Grant of a licence

         (1)   The Chief Executive Officer may:

                (a)    grant a works licence to an applicant for a works licence; or

               (b)    grant a rights licence to an applicant for a rights licence.

         (2)   The Chief Executive Officer must not grant a licence to an applicant unless the Chief Executive Officer is satisfied that the applicant, the applicant’s employees and the applicant’s minor contractors:

                (a)    will act in accordance with the environmental standards that are applicable to the works or the rights referred to in the application; and

               (b)    will not interfere, when carrying out the works or exercising the rights referred to in the application, with the implementation by any other person of any of the environmental standards.

         (3)   If the Chief Executive Officer grants a works licence, it must:

                (a)    be in writing; and

               (b)    set out the part of the works that the licensee is authorised to carry out.

         (4)   A works licence authorises the licensee to carry out the part of the works that is referred to in the licence.

         (5)   If the Chief Executive Officer grants a rights licence, it must:

                (a)    be in writing; and

               (b)    set out those of the rights that the licensee is authorised to exercise.

         (6)   A rights licence authorises the licensee to exercise the part of the rights that is referred to in the licence.

         (7)   If the Chief Executive Officer refuses to grant a licence, he or she must give the applicant a notice that includes:

                (a)    the reasons for the decision; and

               (b)    a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of the decision; and

                (c)    except where subsection 28 (4) of the Administrative Appeals Tribunal Act 1975 applies —a statement to the effect that a person whose interests are affected by the decision may request a statement under section 28 of that Act.

         (8)   The validity of a refusal to grant a licence is not affected by a failure to comply with subregulation (7).

9              Duties in relation to a licence

         (1)   A person who is not a licensee must not carry out part or all of the works or exercise some or all of the rights within, over or partly within or over, either or both of :

                (a)    the Airport; or

               (b)    the dredging site.

Penalty:   $500.

         (2)   A licensee is authorised to carry out the part of the works and exercise those of the rights referred to in the licence in spite of a law, or a provision of a law, of the State of New South Wales that:

                (a)    relates to:

                          (i)    environmental assessment, including, as examples only, sections 76 and 112 of the Environmental Planning and Assessment Act 1979; or

                         (ii)    environmental planning, including, as examples only, sections 76 and 112 of the Environmental Planning and Assessment Act 1979; or

                         (iii)    land development, including, as examples only, sections 76 and 112 of the Environmental Planning and Assessment Act 1979; or

                        (iv)    depositing soil, sand, gravel, stone, rock or other material on land, whether submerged or not; or

                         (v)    removing soil, sand, gravel, stone, rock or other material from land, including, as examples only:

                                   (A)     section 76 of the Environmental Planning and Assessment Act 1979; or

                                   (B)     section 8 of the Mining Act 1992; or

                                   (C)     section 5 of the Mines Inspection Act 1901; or

                                   (D)     section 13TA of the Maritime Services Act 1935; or

                        (vi)    carrying out works on, over or under land, including, as examples only:

                                   (A)     section 76 of the Environmental Planning and Assessment Act 1979; or

                                   (B)     section 13TA of the Maritime Services Act 1935; or

                        (vii)    carrying out works on or in waters, whether navigable or not, including works consisting of driving piles, constructing or erecting any wharf, jetty, wall or other erection or the reclaiming of land, including, as an example only, sections 141 and 142 of the Navigation Act 1901; or

                       (viii)    erecting, constructing, mooring or stationing a structure or installation in, on or in the vicinity of waters, whether navigable or not, including, as examples only:

                                   (A)     sections 13JE and 13T of the Maritime Services Act 1935; or

                                   (B)     regulation 28 of the Management of Waters and Waterside Lands Regulations; or

                        (ix)    dredging the bed of waters, whether navigable or not, including, as examples only:

                                   (A)     section 13N of the Maritime Services Act 1935; or

                                   (B)     section 5 of the Mines Inspection Act 1901; or

                         (x)    the disturbance of birds, including, as examples only, sections 92E and 98 of the National Parks and Wildlife Act 1974; or

                        (xi)    the protection of the habitat of birds, including, as examples only, sections 92E and 98 of the National Parks and Wildlife Act 1974; or

                        (xii)    water pollution caused by the introduction of sediment into water by:

                                   (A)     dredging fill; or

                                   (B)     excavating fill; or

                                   (C)     depositing fill; or

                                   (D)     taking fill; or

                                    (E)     transporting fill; or

                                    (F)     laying pipes; or

                                   (G)     installing structures on, above or under the seabed; or

                                   (H)     installing cables on, above or under the seabed;

                                 including, as an example only, section 16 of the Clean Waters Act 1970; or

                       (xiii)    noise or vibration caused by the operation of construction equipment, including pile driving, dredging or earthmoving equipment, including, as examples only, sections 18, 27, 36, 37, 40, 41, 45, 52, 53 and 59 of the Noise Control Act 1975; or

                       (xiv)    the emission of sand or dust, including, as an example only, subsection 15 (1) of the Clean Air Act 1961; or

                       (xv)    affecting the flow of waters, including, as an example only, section 22B of the Water Act 1912; or

                       (xvi)    the construction of a channel affecting the use of waters, including, as an example only, section 21B of the Water Act 1912; and

               (b)    might otherwise apply to prohibit, regulate or control the carrying out of the works, or the exercise of the rights, that are referred to in the licence.

         (3)   Except as provided in regulation 10, nothing in these Regulations is intended to exclude the operation of a law, or a provision of a law, of the State of New South Wales relating to the control of exhaust emissions from ships, vehicles or machinery, including, as an example only, section 21C of the Clean Air Act 1961.

         (4)   Except as provided in subparagraphs (2) (a) (iv) to (ix) (inclusive) and regulation 10, nothing in these Regulations is intended to exclude the operation of a law, or a provision of a law, of the State of New South Wales relating to navigation and activities affecting navigation, including, as examples only, sections 13U, 13W and 13X of the Maritime Services Act 1935.

10            Directions

         (1)   The Chief Executive Officer may direct a licensee to carry out the works, or exercise the rights, referred to in the licence in a particular manner if the Chief Executive Officer considers that the direction:

                (a)    will ensure that the works are carried out, or the rights exercised, in a manner that is in accordance with the environmental standards; or

               (b)    will allow the works to be carried out in a timely manner.

         (2)   A direction must be consistent with the environmental standards.

         (3)   A licensee must comply with a direction in spite of a law, or a provision of a law, of the State of New South Wales to the contrary that might otherwise apply, including, as an example only, section 13W of the Maritime Services Act 1935.

         (4)   The Chief Executive Officer must not give a direction in relation to a matter affecting shipping movements in the Port of Botany unless the Chief Executive Officer informs the Port of Botany Harbour Master of the proposed direction at least 48 hours before the Chief Executive Officer gives the direction.

         (5)   The Chief Executive Officer must not give a direction in relation to a matter affecting shipping movements in the area identified as ‘G’ in the dredging site unless the Port of Botany Harbour Master consents to the direction.

11            Cancellation and suspension of a licence

         (1)   If the Chief Executive Officer reasonably suspects that a licence is liable to cancellation, the Chief Executive Officer may:

                (a)    inform the holder of the licence of the Chief Executive Officer’s suspicion and the reasons for it; and

               (b)    ask the holder of the licence to show cause why the licence should not be cancelled.

         (2)   If the Chief Executive Officer asks a holder of a licence to show cause, the Chief Executive Officer may suspend the licence by notice in writing for a period, not exceeding 7 days, referred to in the notice.

         (3)   The Chief Executive Officer must not suspend a licence more than once in relation to each occasion on which the holder of the licence is required to show cause.

         (4)   If, after the holder of a licence has had a reasonable opportunity to show why the licence should not be cancelled, the Chief Executive Officer is satisfied that the holder of the licence, an employee of the holder of the licence or a minor contractor of the holder of the licence:

                (a)    has acted, is acting or is likely to act in a manner that is not in accordance with the environmental standards that are applicable to the carrying out of the works or the exercise of the rights referred to in the licence; or

               (b)    has acted, is acting or is likely to act in a manner that interferes with the implementation of an environmental standard by another person; or

                (c)    has failed to comply, is failing to comply or is likely not to comply with a direction under subregulation 10 (1); or

               (d)    has breached, is breaching or is likely to breach these Regulations;

                the Chief Executive Officer may cancel the licence.

         (5)   A licence is cancelled on the day on which the Chief Executive Officer notifies the holder of the licence in writing of his or her decision.

         (6)   If the Chief Executive Officer suspends or cancels a licence, he or she must give the holder of the licence a notice that includes:

                (a)    the reasons for the decision; and

               (b)    a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of the decision; and

                (c)    except where subsection 28 (4) of the Administrative Appeals Tribunal Act 1975 applies — a statement to the effect that a person whose interests are affected by the decision may request a statement under section 28 of that Act.

         (7)   The validity of the suspension or cancellation of a licence is not affected by a failure to comply with subregulation (6).

12            Review of decisions

                An application may be made to the Administrative Appeals Tribunal for the review of a decision of the Chief Executive Officer:

                (a)    refusing to grant a licence; or

               (b)    suspending or cancelling a licence.

13            Delegation

                The Chief Executive Officer may delegate any of his or her powers under these Regulations in writing to an employee.


Schedule 1        Environmental recommendations

(regulation 3)

  

 

It is recommended that, in accordance with paragraph 9.3.1 of the Administrative Procedures under the Environment Protection (Impact of Proposals) Act 1974, the Minister for Shipping and Aviation Support be advised that any decision to approve construction of the third runway be subject to the following recommendations:

 

1.         A steering committee be established and convened by the Federal Airports Corporation (FAC), to include the Civil Aviation Authority (CAA) the New South Wales Department of Planning and the New South Wales State Pollution Control Commission (SPCC) with the objectives of developing and implementing, monitoring and regulating a noise management plan for Sydney Airport with a third runway. To facilitate development of the noise management plan, this body should have access to advice from other appropriate Commonwealth, State and local government agencies and the airline industry. Suitable mechanisms for involving local government and the wider community in the preparation of the noise management plan should be developed. The steering committee should:

           (a)         review those identified in the Environmental Impact Statement concerning control of aircraft noise at source, but not yet being applied at Sydney Airport, and consider their possible implementation;

           (b)         request the CAA to prepare an official Australian Noise Exposure Forecast (ANEF) for Sydney Airport with a third runway, for relevant planning horizons, as a matter of priority;

           (c)         examine ways to ensure the requirements of the Australian Standard — Acoustics — Aircraft noise insulation (AS2021—1985) are met with regard to standards of construction of new buildings within the 20 to 25 ANEF noise exposure zone;

           (d)         consider, taking into account the study of noise insulation schemes being conducted in response to House of Representatives Select Committee on Aircraft Noise (HORSCAN) Recommendation 6, development of a scheme to provide increases in the noise attenuation of existing buildings within the 25 to 40 ANEF noise exposure zone in accordance with the requirements of Australian Standard — Acoustics — Aircraft noise insulation (AS2021—1985). Under any such scheme, priority should be given to buildings used for the purposes of education and health care;

           (e)         consider giving priority to the acquisition of residences and other noise sensitive buildings and land zoned for residential use within the 2010 40 ANEF contour for Sydney Airport and re-zoning this land for non-residential use. Consideration should be given to acquiring residences and residential land exposed to between 35 and 40 ANEF where such acquisition will assist rational land use planning;

            (f)         investigate options to determine the most practicable, efficient and equitable means of the FAC applying the ‘polluter pays’ and ‘user pays’ principles to acquire funds to support the noise management plan;

           (g)         recommend any necessary legislation to allow the collection and management of such funds;

           (h)         consider the feasibility and desirability of differential noise charges for aircraft depending on whether the aircraft meets the noise emission requirements of the International Civil Aviation Organisation (ICAO) for Chapter 2 or Chapter 3 aircraft;

            (i)         take into account, in any decision to change land use through noise considerations, the need to minimise the number of people exposed to risk by reducing population densities.

 

2.         The FAC, in consultation with the Department of Health, Housing and Community Services, consider further Recommendation 1 of the HORSCAN Report, with a view to commissioning, at FAC expense, a definitive long-term study into the effects of aircraft noise on human health, as an aid to future decision-making in relation to Australian airports.

 

3.         Particular consideration and attention be given to the daily times at which construction work starts and finishes with a view to minimising noise emissions during sensitive time periods and monitoring of construction noise levels should include noise emissions from on-site truck movements.

 

4.         An Environmental Management Plan be prepared and implemented, to manage the impacts on Botany Bay arising from the construction and operation of the proposed third runway. The Department supports the terms of reference as presented in the Supplement and considers that Stage 1 of the Environmental Management Plan should be prepared prior to the commencement of construction.

 

5.         The FAC comply with existing State Pollution Control Commission (SPCC) turbidity standards and consult with the SPCC with a view to meeting the Commission’s recently proposed water quality criteria for suspended sediments.

 

6.         The FAC consult with the New South Wales Maritime Services Board during the design of development works for the proposed dredging operations in areas F and G of the identified potential dredging areas.

 

7.         Additional baseline water quality data be collected prior to the commencement of construction so that impacts arising from the third runway proposal can be identified.

 

8.         The Botany Bay Environmental Management Plan (Botany Bay EMP) clearly define what is considered as successful recolonization of seagrass beds and at what point transplanting is necessary. Other aspects of seagrass transplantation, including interim storage, should be addressed in the Botany Bay EMP.

 

9.         Additional surveys on the benthic communities in Botany Bay be carried out by the FAC to consolidate the baseline data already available.

 

10.       Within the framework of the Botany Bay EMP, further investigations be undertaken into possible remedial measures to reduce wave climate impacts on Lady Robinson’s Beach.

 

11.       Within the framework of the Botany Bay EMP, the feasibility of creating alternative habitats for the Little Tern and migratory waders be assessed as a matter of high priority and, in the event that habitat establishment is deemed feasible, suitable habitats be created as soon as practicable.

 

12.       Investigations be conducted as part of the Botany Bay EMP to identify possible alternative relocation sites for the purposes of conserving the regionally rare saltmarsh species, Carex pumila.

 

13.       The CAA’s bird monitoring and management program be extended to include the third runway.

 

14.       The bird monitoring and management program be reviewed and extended so that before construction commences air safety officers have available reliable information on the potential for bird strike arising from construction activities.

 

15.       The FAC contribute to the improvement of emergency plans for accidents outside the airport, and review the Airport Emergency Plan, in accordance with the undertaking made in the EIS.

 

16.       The FAC, in consultation with the New South Wales Government, establish air quality monitoring stations prior to construction of the third runway. Such stations should be located around the airport boundary, and in the adjacent suburbs, to monitor nitrogen dioxide, nitric oxide, nitrogen oxides, hydrocarbons, carbon monoxide, particulate matter and sulphur dioxide concentrations. Each station should include continuous recording of wind data to assist in the interpretation of results and the identification of the likely pollutant sources. The monitoring stations should be incorporated into the SPCC’s air quality monitoring network, and the data obtained from such stations should be reported regularly and utilised to develop an Air Quality Management Plan for airport operations.

 

17.       The proposed environment management plans (EMP’s) for noise, Botany Bay and air quality be regularly reviewed, advertised for public comment prior to finalisation and made available to the public. Copies of draft and final EMP’s should be submitted to the Commonwealth Environment Protection Agency.

 

18.       The FAC investigate, and where practicable implement, management measures to reduce aircraft emissions, such as reducing delays, reducing taxiing time and providing power at terminals to reduce engine running in the terminal area.

 

19.       A procedure be developed to enable the accurate recording of nuisance caused by ambient odours.

 

20.       A dust monitoring network be established prior to construction of the third runway to help ensure that appropriate dust suppression measures are implemented during construction.


 

Schedule 2        Works for the Airport

(regulation 3)

  

 

Extensions to, and alterations of, the Airport consisting of:

(a)        a vertical seawall on the eastern side of the existing North-South runway; and

(b)        the removal of the beach on the eastern side of the existing North-South runway and deepening of that area to a level below the lowest astronomical tide; and

(c)        a vertical seawall and filling of the area between the existing hook and the existing North-South runway embankment; and

(d)        a new North-South runway, parallel to the existing North-South runway, with:

                 (i)    flyover area; and

                (ii)    taxiways; and

               (iii)    corporate aviation facilities; and

               (iv)    navigation aids; and

                (v)    air traffic control facilities; and

               (vi)    security facilities and zones; and

              (vii)    rescue and firefighting facilities; and

             (viii)    a vertical seawall; and

(e)        a stabilisation zone in the submerged part of the land:

                 (i)    being part of Certificate of Title Folio Identifier 41/815358 of the State of New South Wales; and

                (ii)    marked ‘Lot 401’ in the plan lodged for registration at the New South Wales Land Titles Office as Deposited Plan No. 816961.


Notes to the Federal Airports Corporation Regulations

Note 1

The Federal Airports Corporation Regulations (in force under the Federal Airports Corporation Act 1986) as shown in this compilation comprise Statutory Rules 1992 No. 255 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1992 No. 255

30 July 1992

31 Aug 1992

 

1993 No. 344

10 Dec 1993

10 Dec 1993

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 3..........................................

am. 1993 No. 344

Rr. 9, 10..................................

am. 1993 No. 344

Schedule 1.............................

am. 1993 No. 344