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Chapter 1 - Introduction
Background
1.1
On 7 December 2006, the Senate Selection of Bills Committee referred the
Airports Amendment Bill 2006 (the Bill) to the Senate Standing Committee
on Rural and Regional Affairs and Transport (the committee) for inquiry and report
by 26 February 2007.
1.2
The Selection of Bills Committee provided the following statement as the
reason for referral:
Non aviation development on airport precincts has become very
controversial in recent years. Large retail and manufacturing developments have
been approved over the objections of State Governments, Local Councils,
retailers and local residents. Reference would provide an opportunity for
interested and affected parties to make submission concerning whether issues
would be addressed in proposed Bill.[1]
1.3
The Bill amends The Airports Act 1996 (the Act), which is the Act
that establishes the framework for the regulation of the 22 leased federal
airports. The areas of regulatory control covered under the Act include leasing
and management ownership and control of airport companies, land use planning
and building controls, environmental management, protection of airspace,
control of on-airport activities, pricing and quality of service and access and
demand management.[2]
1.4
The purpose of the Bill is to:
- improve the land use planning system in place at leased federal
airports through increasing the focus on strategic planning, simplifying
planning controls and improving development assessment processes; and
- implement a number of recommendations arising from the Senate
Rural and Regional Affairs and Transport References Committee Report on the
Inquiry into the Development of the Brisbane Airport Corporation Master Plan,
align the planning arrangements for Canberra Airport with those for other
federal airports, and provide for greater flexibility for future updates of
some day-to-day on-airport activities.[3]
1.5
The key areas in which the Bill amends the Act are:
- to make clear the Federal Government's intention at the time of
privatisation of the airports, by permitting non-aeronautical development at
leased airports, provided such development is consistent with the airport lease
and approved master plan;
- excluding Canberra Airport from the operation of the National
Capital Plan as provided for in the Australian Capital Territory (Planning
and Land Management) Act 1988, aligning Canberra Airport's planning
obligations with the other leased federal airports which are subject only to
the planning provisions of the Act;
- refining the planning and development approval regime attaching
to airport master plans, major development plans and environment strategies,
including streamlining public comment and assessment periods, providing purpose
clauses, ensuring easier public access to a master plan, major development
plans and environment strategies, and allowing the Minister to request further
information during the assessment process via the 'stop the clock' provisions;
and
- clarifying and refining processes associated with the current
noise management arrangements applying at the leased federal airports.[4]
Proposed amendments to the Bill
1.6
Since the referral of the Bill, the Federal Government circulated
amendments to the Bill in the House of Representatives on 13 February 2007 which alter the public consultation period. The purpose of these amendments 'is to
ensure that the Government’s benchmark for public consultation in the
development of airport master plans, airport environment strategies and major
development plans at leased federal airports is one of the longest when compared
with other jurisdictions and ensures that members of the community have
adequate time to review and provide comment on these important documents'.[5]
Conduct of the inquiry
1.7
The committee advertised the inquiry in The Australian newspaper
on 12 December 2006, and invited submissions by 19 January 2007, although the committee continued to except submissions after this date.
Details of the inquiry, the Bill, and associated documents were placed on the
committee's website. The committee also wrote to a number of organisations and
individuals.
1.8
The committee received 73 submissions which are listed at Appendix 1.
Submissions were placed on the committee's website for ease of access by the
public.
1.9
The committee held a public hearing in Canberra on 30 January 2007. A list of witnesses who appeared at the hearing is at Appendix 2 and copies of the
Hansard transcript are available through the Internet at http://aph.gov.au/hansard.
1.10
Evidence received during the inquiry was, at times, contentious, and
related directly to individual airport developments and conflicts that have
arisen in different states between organisations, the community, airport
developers and airport corporations. The committee also received correspondence
after the public hearing from organisations seeking a right of reply to
evidence recorded in Hansard and contained in submissions. This correspondence
was placed on the committee's website.
Acknowledgement
1.11
The committee appreciates the time and work of all those who provided
written and oral submissions to the inquiry, particularly in light of the tight
timeframe imposed. Their work has assisted the committee considerably in its
inquiry.
Note on references
1.12
References in this report are to individual submissions as received by
the committee, not to a bound volume. References to the committee Hansard are
to the proof Hansard: page numbers may vary between the proof and the official
Hansard transcript.
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