AERODROMES ACT REPEAL BILL 2002 Second Reading Speech

Northern Territory Second Reading Speeches

AERODROMES ACT REPEAL BILL 2002

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Information :

Madam Speaker, I move that the bill be now read a second time. I advise members that it is our intention to proceed with this legislation during the November sittings.

At the Council of Australian Government’s meeting of April 1995, heads of government signed three agreements establishing the National Competition Policy. They are commonly referred to as the NCP Agreements. Under the National Competition Policy Agreements, all states and territories were required to develop timetables for reviewing all existing legislation, conduct reviews in accordance with the timetable and, where appropriate, amend or repeal legislation that restrict competition.

Initially, the former Department of Transport and Works identified four pieces of legislation that required review under the National Competition Policy requirements. These were: the Motor Vehicles Act; the Commercial Passenger (Road) Transport Act; the Rail Safety Act; and the Marine Act. These reviews have been completed.

In addition to the legislation I just referred to, three other pieces of legislation have been identified as requiring National Competition Policy reviews. One of these is the Aerodromes Act. By way of some background, the Aerodromes Act was assented to on 27 July 1993 and was legislated principally to provide the Northern Territory government with powers in relation to Connellan Airport at Yulara. In subsequent years, other areas were declared to be aerodromes pursuant to the act. This included airstrips at Batchelor, Borroloola and Timber Creek. The leasing of Connellan Airport to the Ayers Rock Resort Company Limited in 1997 subsequently ceded responsibility for the administration of the airport to this corporation and that in turn obviated a need for the Aerodromes Act to prescribe the necessary administration requirements. Repealing the Aerodromes Act would not affect any contractual obligations that are currently in place. A specific savings provision is inserting clause 4 of the bill to preserve all contracts entered into under this act. This contract will continue even after the Aerodromes Act Repeal Act comes into force. The term ‘contract’ is defined broadly to mean a contract, lease, license or authority that is referred to in section 6(2) of the repealed act.

I must mention that when the Aerodromes Act is repealed the Aerodromes Regulations which were made pursuant to this act will also be repealed. At present the Aerodrome Regulations address a range of matters such as aerodrome security, the parking of aircraft at aerodromes, the control of trading and advertising of aerodromes and safety matters such as smoking. These matters are all addressed in other Commonwealth and Northern Territory legislation. For example, the Civil Aviation Safety Authority and the Australian Transport Safety Bureau have broad powers and responsibilities under both the Civil Aviation Act and the Air Navigation Act with respect to aviation accidents and/or incidents, including the provision of various requirements and remedies with respect to aerodrome use and misuse.

The Northern Territory Police, Fire and Emergency Services under the Police Administration Act and Fire and Emergency Act provide avenues for remedial action in the event of an aircraft posing a threat to public safety. There are also various civil remedies available to landowners, in this case the Northern Territory government, for inappropriate actions on aircraft landing areas. In addition to the above, an extensive range of mandatory aviator requirements are also contained in various publications ancillary to this act including Civil Aviation Regulations, Civil Aviation advisory publications, Civil Aviation Orders and aerodromes manual.

In closing, there is no increased risk of liability that attaches to the Northern Territory in respect of an incident occurring at currently regulated aerodromes if the Aerodromes Act is repealed. This is because there are no statutory provisions in the present act that exclude or limit liability on the part of the Territory.

Madam Speaker, I commend the bill to honourable members.

Mr REED (Katherine): Madam Speaker, in adjourning the debate I do make the point that it is most unusual that a series of bills be introduced in this way without notice. I am not sure that it is unprecedented but it is certainly most unusual and that it is worthy of note that I move the debate be adjourned.

Debate adjourned.

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