Key Provisions
2.1
The bill contains one schedule, with amendments to the Air Services Act and
the EPBC Act.
Changes to Airservices Australia's functions
2.2
Item 2 of the bill amends the functions of Airservices to include
activities to protect the human and natural environment, community amenity and
residential areas from the effects of the operation of aircraft, as opposed to
just protecting the environment.
2.3
The purpose of this amendment is to clarify the responsibilities of
federal agencies in responding to residents' concerns regarding aircraft noise.[1]
According to the EM, it will also allow Airservices to manage aircraft flying
at low heights over residential areas.[2]
Consultation
2.4
Item 4 of the bill imposes responsibilities on Airservices to consult
with local communities and other bodies in the performance of its functions. The
purpose of the amendment is to legislate for consultation and the involvement of
affected communities.[3]
2.5
It amends the Air Services Act to include a requirement to consult not
just with government, commercial, industrial and consumer bodies, but also with
aircraft noise and community groups.
2.6
Item 4 introduces extensive consultation requirements on Airservices.
During consultations, Airservices must advise parties of how to make a
complaint regarding Airservices' conduct, including to the Ombudsman.
Furthermore:
-
Airservices must establish community consultation groups
representing communities affected by aircraft noise;
-
Airservices must consult with these groups about all proposed
significant changes to existing flight plan routes and all new flight plan
routes, and must take steps to minimise any detrimental impacts identified
through consultation;
-
Airservices must publish the details of consultations undertaken
and the results of consultations on its website; and
-
Airservices must advise the Minister responsible for the EPBC Act
(the Minister for Environment) of consultations to be conducted and request
that the Minister for Environment appoint a CAA to represent the affected
community.
2.7
Item 4 requires Airservices to prepare a plan for the management of
flight paths within five kilometres of central Melbourne prohibiting
helicopters and fixed wing aircraft from flying at less than 2,000 metres above
sea level over residential areas (excepting some aircraft in the public
interest). Airservices must consult on the proposed plan.
2.8
Item 4 also allows for any person impacted by aircraft noise to request that
Airservices review any flight plans made on or after 1 January 2012.
Airservices must arrange for consultations as part of these reviews.
Board of Airservices Australia
2.9
Items 6 and 7 of the bill concern the Board of Airservices. Item 6
changes the number of members of the Board from six to 'between 6 and 8'. Item
7 requires the Board to include an expert in environmental management and a
representative of an aircraft noise or community group.
Aircraft Noise Ombudsman
2.10
Item 8 of the bill inserts a new Part 5A of the Air Services Act to
provide for the creation and operation of an ANO.
2.11
The EM clarifies that the Ombudsman is to be independent of Airservices.
The role is defined as follows:
It is to review the handling of
complaints and enquiries; report to relevant agencies or Ministers; monitor and
report on the effectiveness of community consultation and other matters
relating to aircraft noise; and make recommendations.[4]
Division 1
2.12
Division 1 of Part 5A sets out the establishment and functions of the
Ombudsman. The functions are to:
-
review the handling of complaints or enquiries made to
Airservices, CASA or Defence about aircraft noise and report to these bodies
and the Minister for Infrastructure and Transport (Minister for Transport) on
these reviews;
-
monitor and report on the effectiveness of community
consultations regarding aircraft noise conducted by Airservices, CASA and
Defence;
-
monitor and report on the effectiveness of the presentation and
distribution of information regarding aircraft noise;
-
review other matters relating to the management of aircraft noise
by Airservices or Defence upon request from these bodies; and
-
make recommendations on improvements in managing aircraft noise
to the Minister for Transport, Airservices, CASA or Defence.
Division 2
2.13
Division 2 of Part 5A sets out the details for the appointment, terms
and conditions of the Ombudsman. The Ombudsman is to be appointed by the
Governor-General, on a full-time basis and for a period not exceeding five
years.
2.14
The bill states that the regulations may make provision for the
appointment, remuneration, terms and conditions, resignation and termination of
the Ombudsman.
Division 3
2.15
Division 3 of Part 5A outlines information regarding persons assisting
the Ombudsman. It states that the staff necessary to assist the Ombudsman will
be engaged under the Public Service Act 1999 and made available by the
Secretary of the DIRDC. It also states that consultants may be engaged by the
Secretary to assist in the functions of the Ombudsman's office.
2.16
Division 3A states that the regulations may make provision for
circumstances in which the Ombudsman may refuse to review a compliant and the
circumstances in which the Ombudsman may transfer a complaint to another body.
Division 4
2.17
Under this division, the Ombudsman may conduct research or make
inquiries into the effect of aircraft noise on communities and the ways in
which legislation, policies or practices might be improved to assist
communities affected by aircraft noise.
2.18
The Ombudsman must report quarterly to the Minister for Transport on the
research and inquiries conducted. As part of these reports, the Ombudsman
should indicate whether legislation, policies or practices are having an
adverse effect on local communities.
Divisions 5 and 6
2.19
Division 5 of Part 5A sets out the circumstances in which the Minister for
Transport may refer a matter to the Ombudsman for inquiry while Division 6
provides that the Minister for Transport may request advice from the Ombudsman.
2.20
Under Division 5, the Minister for Transport may request the Ombudsman
inquire into the effect of legislation, policies or practices on communities
affected by aircraft noise and the ways in which these can be improved. The
Minister for Transport may require the Ombudsman to hold hearings, make a draft
report available to the public and develop recommendations on the matter.
2.21
The division also sets out requirements for the Ombudsman to advertise
an inquiry, conduct hearings, and table an inquiry report.
2.22
Under Division 6, the Minister for Transport may request advice from the
Ombudsman on the effect of legislation, policies or practices on communities
affected by aircraft noise and how these can be improved.
2.23
The division also provides for the circumstances in which the Minister for
Transport may publish the advice given by the Ombudsman.
Division 7
2.24
Division 7 provides that regulations may make provision for the powers
of the Ombudsman to obtain information and documents from Airservices, CASA and
Defence for the purposes of performing the ANO's functions, including
circumstances in which information or documents provided to the Ombudsman may
be disclosed. This division also provides that regulations may determine the
powers and functions of the Ombudsman to respond to affected communities, and for
the review of decisions by the Ombudsman.
Complaints reporting
2.25
Item 9 of the bill requires Airservices to publish information or complaints
made in relation to its conduct in its annual report, as well as information on
how these complaints were handled.
Community Aviation Advocate
2.26
Item 10 of the bill amends the EPBC Act by inserting a new section 160A.
Under this item, when Airservices informs the Minister for Environment of
proposed changes to management of aircraft noise or airspace that may have an
impact on the human or natural environment, community amenity or residential
areas, the Minister for Environment must appoint a CAA.
2.27
The CAA must be independent of aviation interests and will assist,
inform and advocate on behalf of affected communities.
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