Airports Amendment (Airport Sites) Regulation 2016 [F2016L01810]-Concluded matters [2017] AUSStaCSDLM 97 (22 March 2017)

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Instrument	Airports Amendment (Airport Sites) Regulation 2016 [F2016L01810]
Purpose	Amends the descriptions of airport sites in the Airports Regulations 1997 to reflect changes in State and Territory land title registers for all federal leased airports
Last day to disallow	28 March 2017
Authorising legislation	Airports Act 1996
Department	Infrastructure and Transport
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor 1 of 2017

Consultation

The committee commented as follows:

Section 17 of the Legislation Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument. The ES which must accompany an instrument is required to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken (paragraphs 15J(2)(d) and (e)).

With reference to these requirements, the committee notes that the ES for the regulation provides the following information:

Section 161(1) of the Act [Airports Act 1996] provides as follows: ‘If there is an airport lease relating to an airport site for an airport, the Governor General must not make any regulations varying the site unless the lessee has given written consent to the making of those regulations.’ This consent, where required, has been obtained.

While the committee does not interpret paragraphs 15J(2)(d) and (e) of the Legislation Act 2003 as requiring a highly detailed description of consultation undertaken, it considers that an overly bare or general description is insufficient to satisfy the requirements of the Legislation Act 2003. In the committee's view, the general statement that, where required under enabling legislation, consent to the making of regulations has been obtained, is not sufficient to meet the requirement that the ES describe the nature of any consultation undertaken.

The committee's expectations in this regard are set out in the guideline on consultation contained in Appendix 1.

The committee requests the advice of the minister in relation to the above; and requests that the ES be updated in accordance with the requirements of the Legislation Act 2003.

Minister's response

The Minister for Infrastructure and Transport advised:

The Committee was concerned that the Explanatory Statement (ES) for the instrument failed to adequately explain the nature of consultation undertaken.
The Department of Infrastructure and Regional Development has advised consultation was undertaken with all Airport Lessee Companies (ALCs) through written correspondence. Each ALC responded to a request from the Department providing their consent to the amendment or questions about the list of proposed airport site variations, which were addressed prior to their consent being given.
The ES will be updated to include information on the nature of consultation that was undertaken and registered as soon as practicable.

Committee's response

The committee thanks the minister for his response and has concluded its examination of the instrument.

The committee notes the minister's undertaking to update the ES to describe the nature of consultation that was undertaken.