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Airport Regulations 1992 (NI)

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Other document - Regulation Applied Law as amended, taking into account amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)
This is a regulation of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 08 Oct 2019
Start Date 13 Aug 2019

 

 

NORFOLK                            ISLAND

 

Airport Regulations 1992

No. 11, 1992

Compilation No. 3

Compilation date:                              13 August 2019

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

 


 

NORFOLK                            ISLAND

 

 

 

AIRPORT REGULATIONS 1992

 

TABLE OF PROVISIONS

PART 1  —  Preliminary

         1.      Short title

         2.      Interpretation

Part 1A  —  Seizure of aircraft

      4A.      Steps for giving notice

PART 2  —  AIRPORT SECURITY

         5.      Aviation Security Identification Card

         6.      Prohibited area

         7.      Security restricted area

PART 3  —  CONTROL OF COMMERCIAL ACTIVITIES

         8.      Control of activities at airport

 


 

NORFOLK                            ISLAND

 

 

Airport Regulations 1992

_______________________________________________________________________

Part 1  —  Preliminary

Short title

      1.         These Regulations may be cited as the Airport Regulations 1992.

Interpretation

      2.         In these Regulations, unless the contrary intention appears —

“Act” means the Airport Act 1991;

“aircraft operator” means a person, organisation, or enterprise engaged in, or offering to engage in, an aircraft operation, and “operator” has the same meaning;

“air side” means the part of the airport which is designated to be used for the purposes of parking aircraft, maintaining and repairing aircraft, loading and refuelling aircraft and the take‑off and landing of aircraft;

“Airport Manager” means the person from time to time responsible for managing the operation of the airport;

“aviation security identification card” means a card issued under sub regulation 5(1);

“authorised person” means the Airport Manager, a police officer or a person authorised by the Airport Manager for the purposes of Part 2 of the Regulations;

“CASA” means the Civil Aviation Safety Authority established under the Civil Aviation Act 1988 of the Commonwealth;

“police officer” means a person who is a member of the police force for the purposes of the Police Act 1931;

“principal Regulations” means the Airport Regulations 1992;

“prohibited area” means the air side;

“registration” means —

(a)        registration under the Civil Aviation Act 1988 of the Commonwealth; or

(b)        registration in a foreign country or under a joint registration plan or international registration plan;

“security restricted area” means the part of the air side referred to in subregulation 7(1).


Part 1A  —  Seizure of aircraft

Steps for giving notice

      4A.      For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:

(a)        gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and

(b)        in respect of an aircraft registered under regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988 of the Commonwealth, notifies the seizure to each person notified to CASA under those Regulations as having a property interest in the aircraft at the last address notified to CASA under those Regulations in respect of that person; and

(c)        in respect of an aircraft registered in a foreign country or under a joint registration plan or international registration plan, notifies the holder of the certificate of registration for that aircraft at the last address notified to the authority administering that system of registration in respect of that holder; and

(d)       places notice of the seizure in a newspaper circulating generally —

(i)         in respect of an aircraft registered under regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988 of the Commonwealth, in Australia; or

(ii)        in respect of any other aircraft, in the country in which the aircraft last landed prior to its seizure; and

(e)        if a pilot is in control of the aircraft at the time of its seizure, notifies that pilot of the seizure.

PART 2  —  AIRPORT SECURITY

Aviation Security Identification Card

      5.         (1)        The Airport Manager may issue an aviation security identification card to a person if the Airport Manager is satisfied that it is necessary for the person to have access to the prohibited area or a security restricted area for the purposes of the Act or these Regulations or for the purposes of the person’s normal business.

                  (2)        Where the Airport Manager considers that it is no longer necessary for a person to have an aviation security identification card, the Airport Manager may request the person to surrender the aviation security identification card issued to that person.

                  (3)        A person shall not, without reasonable excuse, fail to comply with a request made under subregulation 5(2).

Penalty:           5 penalty units

Prohibited area

      6.         (1)        A person shall not, without lawful authority or excuse —

(a)        enter into, or remain within, the prohibited area; or

(b)        bring an article or thing into, or leave an article or thing in, the prohibited area; or

(c)        operate a vehicle in the prohibited area; or

(d)       bring an animal or bird into, or leave an animal or bird in, the prohibited area.

Penalty:           for a first offence  –  20 penalty units;

for a second offence  –  30 penalty units;

for a subsequent offence  —  50 penalty units

                  (2)        A person has lawful authority for the purposes of subregulation 6(1) if the person is an authorised person or the person —

(a)        is permitted by the Airport Manager to enter into or remain in the prohibited area for the purpose of the normal course of business of the person; or

(b)        at all times while in the prohibited area is escorted by, or in the control of, an authorised person; or

(c)        is permitted by the Airport Manager to enter into or remain in the prohibited area for a specified purpose.

                  (3)        An authorised person may request a person to comply with subregulation 6(1).

                  (4)        A person shall not, without reasonable excuse, fail to comply with a request made under subregulation 6(3).

Penalty:           for a first offence  –  20 penalty units;

for a second offence  –  30 penalty units;

for a subsequent offence  —  50 penalty units

                  (5)        Where a person, article, thing, vehicle, animal or bird is found in the prohibited area and is reasonably suspected of being there without lawful authority, an authorised person may, with such assistance or force as is reasonably necessary, remove that person, article, thing, vehicle, animal or bird from the prohibited area.

Security restricted area

      7.         (1)        The Airport Manager may, by use of signs or other means, identify an area of the prohibited area as a security restricted area.

                  (2)        A person shall not, without lawful authority or excuse —

(a)        enter into, or remain within, a security restricted area; or

(b)        bring an article or thing into, or leave an article or thing in, a security restricted area; or

(c)        operate a vehicle in a security restricted area; or

(d)       permit an animal or bird in his or her possession, or under his or her control, to enter into or remain within a security restricted area.

Penalty:           for a first offence 20 penalty units;

for a second offence 30 penalty units;

for a subsequent offence  50 penalty units

                  (3)        A person has lawful authority for the purposes of subregulation 7(2) if the person is an authorised person or —

(a)        is wearing a valid aviation security identification card issued to that person; or

(b)        at all times while in a security restricted area is under the escort of, or in the control of, an authorised person or a person wearing a valid aviation security identification card issued to that person.

                  (4)        An authorised person shall wear the aviation security identification card issued to that person when in a security restricted area.

                  (5)        An authorised person may request a person to comply with subregulation 7(2).

                  (6)        A person shall not, without reasonable excuse, fail to comply with a request made under subregulation 7(5).

“Penalty:         for a first offence – 20 penalty units;

for a second offence – 30 penalty units;

for a subsequent offence50 penalty units

                  (7)        Where a person, article, thing, vehicle, animal or bird is found in a security restricted area and is reasonably suspected of being there without lawful authority, an authorised person may, with such assistance or force as is reasonably necessary, remove that person, article, thing, vehicle, animal or bird from the security restricted area.

PART 3  —  CONTROL OF COMMERCIAL ACTIVITIES

Control of activities at airport

      8.         A person engaged in private enterprise must not on the airport —

(a)        approach incoming passengers for the purpose of  —

(i)         recommending goods and services and generally soliciting business; or

(ii)        advertising business or wares by distributing invitations or descriptive matter in relation to goods or services; or

(iii)       endeavouring to sell goods in a persistent or direct manner; or

(b)        display by holding or placing in a conspicuous place boards containing advertising or descriptive matter in relation to goods or services; or

(c)        place advertising matter on or in a motor vehicle.

Penalty for a first offence: 5 penalty units

Penalty for a second or subsequent offence: 10 penalty units.

NOTES

The Airport Regulations 1992 as shown in this consolidation comprises regulations No. 11 of 1992 and amendments as indicated in the Tables below.

 

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Airport Regulations 1992

11, 1992

24.12.92

 

 

 

 

 

Airport Charges Amendment Regulations 1994

5, 1994

23.6.94

 

 

 

 

 

Airport Charges Amendment  Regulations 1995

4, 1995

27.4.95

 

 

 

 

 

Airport Amendment Regulations 1996

1, 1996

19.4.96

 

 

 

 

 

Airport Amendment Regulations 1998

2, 1998

28.5.98

 

 

 

 

 

Airport Amendment Regulations 2003

3, 2003

1.7.03

 

 

 

 

 

Airport Amendment Regulations 2004

5, 2004

26.3.04

 

 

 

 

 

Airport (Amendment No. 2) Regulations 2004

13, 2004

1.9.04

 

 

 

 

 

Airport (Amendment) Regulations 2007

3, 2007

23.2.07

 

 

 

 

 

[Previously consolidated as at 24 February 2007

 

 

 

 

Airport (Amendment) Regulations 2009

8, 2009

10.7.09

 

 

 

 

 

[Previously consolidated as at 11 July 2009

 

 

 

 

Airport (Amendment) Regulations 2010

9, 2010

27.8.2010  with effect from 1.9.2010

 

 

 

 

 

[Previously consolidated as at 2 September 2010]

 

 

 

 

Airport (Amendment) Regulations 2011

6, 2011

30.6.2011 with effect from 1.7.2011

 

 

 

 

 

[Previously consolidated as at 2 July 2011]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

 

 

 

[Previously consolidated as at 23 February 2014]

 

 

 

 

Airport (Amendment) Regulations 2014]

7, 2014

5.12.14

Deemed to have effect from 1.1.15

 

[Previously consolidated as at 1 January 2015]

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345, 373, 382–396)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017

17 Oct 2017 (F2017L01360)

Sch 1: 18 Oct 2017 (s 2(1) item 1)

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

28 Sept 2018 (F2018L01378)

Sch 1 (items 5, 6): 29 Sept 2018 (s 2(1) item 1)

Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019

12 Aug 2019 (F2019L01048)

Sch 1 (item 8): 13 Aug 2019 (s 2(1) item 1)

 

 
Table of Amendments

 

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provisions affected

How affected

Part 1 heading

rs

Ord No 2, 2015 (as am by F2019L01048)

2

am

Reg 1, 1996; 2, 1998; 5, 2004; 6, 2011

3

rep

Ord No 2, 2015 (as am by F2019L01048)

3A

ad

Reg 2, 1998

 

am

Reg 5, 2004; 7, 2014; Ord No 2, 2015 (as am by F2017L01360)

 

rep

Ord No 2, 2015 (as am by F2019L01048)

3B

ad

Regs 6, 2011

 

am

Regs 7, 2014;  Ord No 2, 2015 (as am by F2017L01360)

 

rep

Ord No 2, 2015 (as am by F2018L01378 and F2019L01048)

4

am

Reg 2, 1998; 7, 2014; Ord No 2, 2015 (as am by F2018L01378)

 

rep

Ord No 2, 2015 (as am by F2019L01048)

Part 1A heading

ad

Ord No 2, 2015 (as am by F2019L01048)

4A

ad

Reg 2, 1998

 

am

Ord No 2, 2015 (as am by F2019L01048)

5

ad

Reg 1, 1996

6

ad

Reg 1, 1996

 

am

Reg 5, 2004

7

ad

Reg 1, 1996

 

am

Reg 5, 2004

8

ad

Reg 5, 2004

Schedule

am

Reg 5, 1994; 4, 1995; 2, 1998; 3, 2003; 5, 2004; 13, 2004; 3, 2007; 8, 2009; 9, 2010; 6, 2011; 7, 2014; Ord No 2, 2015 (as am by F2017L01360 and F2018L01378)

 

rep

Ord No 2, 2015 (as am by F2019L01048)