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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Air Services Amendment Bill 2016
No. , 2016
(Mr Bandt)
A Bill for an Act to amend the law in relation to air
services, and for related purposes
No. , 2016
Air Services Amendment Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Air Services Act 1995
3
Environment Protection and Biodiversity Conservation Act 1999
8
No. , 2016
Air Services Amendment Bill 2016
1
A Bill for an Act to amend the law in relation to air
1
services, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Air Services Amendment Act 2016.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Air Services Amendment Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
items 1 to 7
The day this Act receives the Royal Assent.
3. Schedule 1,
item 8
A single day to be fixed by Proclamation.
A Proclamation cannot be made unless the
Minister is satisfied that funds have been
appropriated for the purpose of paying the
salary and associated costs of the Aircraft
Noise Ombudsman.
4. Schedule 1,
item 9
A single day to be fixed by Proclamation.
A Proclamation cannot be made unless the
Minister is satisfied that funds have been
appropriated for the purpose of paying the
salary and associated costs of the
Community Aviation Advocate.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2016
Air Services Amendment Bill 2016
3
Schedule 1--Amendments
1
2
Air Services Act 1995
3
1 Paragraph 8(1)(d)
4
Omit "the environment", substitute "the human and natural
5
environment, community amenity and residential areas".
6
2 Subsection 9(2)
7
Omit "the environment is", substitute "the human and natural
8
environment, community amenity and residential areas are".
9
3 Section 10
10
Repeal the section, substitute:
11
10 AA must consult and cooperate
12
(1) In the performance of its functions and the exercise of its powers,
13
AA must, where appropriate, consult with government,
14
commercial, industrial, consumer, aircraft noise, community and
15
other relevant bodies and organisations (including ICAO and
16
bodies representing the aviation industry).
17
(2) During consultations, AA must advise other parties of how they
18
can make a complaint about AA's conduct, if they so wish,
19
including to the Aircraft Noise Ombudsman.
20
(3) AA must establish community consultation groups that represent
21
communities affected by aircraft operations, including:
22
(a) communities directly impacted by take-off and landing of
23
aircraft; and
24
(b) communities that are subjected to high intensity air traffic
25
from flyover impact.
26
(4) AA must consult relevant community consultation groups about all
27
significant changes proposed to existing flight plan routes and all
28
new flight plan routes.
29
Schedule 1 Amendments
4
Air Services Amendment Bill 2016
No. , 2016
(5) If detrimental impacts are identified through consultation with
1
community consultation groups, AA must take such steps as it
2
considers appropriate to minimise those impacts.
3
(6) AA must publish on its website:
4
(a) details about when its consultations with community
5
consultation groups are to occur and the nature of the
6
proposed consultations; and
7
(b) details about the results of those consultations, including
8
details about any steps taken by AA.
9
10A Consulting with communities
10
Where AA has decided to propose changes in the management of
11
flight paths or airspace which would have, or be likely to have, any
12
impact on the human and natural environment, community amenity
13
or residential areas, AA must:
14
(a) arrange for consultations on the proposal under section 10;
15
and
16
(b) advise the Minister responsible for the Environment
17
Protection and Biodiversity Conservation Act 1999 of the
18
consultations; and
19
(c) request that Minister to appoint a Community Aviation
20
Advocate to represent the affected parts of the community
21
during the consultations.
22
10B Melbourne flightpaths
23
(1) As soon as practicable after the Air Services Amendment Act 2016
24
receives the Royal Assent, AA must:
25
(a) prepare a plan for the management of flight paths and air
26
space within 5 kilometres of central Melbourne; and
27
(b) arrange for consultations on the plan under section 10, and
28
take the steps mentioned in paragraphs 10A(b) and (c) in
29
relation to those consultations; and
30
(c) make any changes to the plan that AA considers appropriate
31
as a result of consultation; and
32
(d) give effect to the resulting plan.
33
(2) A plan proposed under subsection (1) must:
34
Amendments Schedule 1
No. , 2016
Air Services Amendment Bill 2016
5
(a) prohibit helicopters and fixed wing aircraft from flying at less
1
than 2,000 metres above sea level over residential areas; and
2
(b) contain exemptions for the following:
3
(i) emergency services aircraft;
4
(ii) defence aircraft;
5
(iii) aircraft flying to or from a hospital;
6
(iv) other aircraft that it is in the public interest to exempt.
7
10C Review of flight paths created or changed on or after 1 January
8
2012
9
(1) A person may request AA to review a new flight path route, or a
10
change to an existing flight path route, made on or after 1 January
11
2012 as a result of AA's management of flight paths if:
12
(a) the person is directly impacted by take-off and landing of
13
aircraft because of the flight path; or
14
(b) the person is subjected to high intensity air traffic from
15
flyover impact because of the flight path.
16
(2) If requested to do so under subsection (1), AA must:
17
(a) review the flight path route; and
18
(b) arrange for consultations under section 10 for the purposes of
19
the review, and take the steps mentioned in paragraphs
20
10A(b) and (c) in relation to those consultations; and
21
(c) take such steps as AA considers appropriate as a result of the
22
review.
23
(3) In conducting the review, AA must consider whether the new flight
24
path, or the change to the existing flight path, has had, or is likely
25
to have, any impact on the human and natural environment,
26
community amenity and residential areas.
27
4 After paragraph 13(a)
28
Insert:
29
(ab) the need to minimise the impact of aircraft operations on the
30
human and natural environment, community amenity and
31
residential areas;
32
5 Paragraph 22(1)(d)
33
Repeal the paragraph, substitute:
34
Schedule 1 Amendments
6
Air Services Amendment Bill 2016
No. , 2016
(d) between 6 and 8 other members.
1
6 After subsection 22(5)
2
Insert:
3
(6) The Board must include an expert in environmental management
4
and a representative of an aircraft noise or related community
5
group.
6
7 After section 74
7
Insert:
8
74A Complaints reporting
9
(1) In its annual report, AA must provide detailed commentary on
10
complaints made in relation to its conduct.
11
(2) The commentary must cover the efficiency and effectiveness of
12
AA's handling of complaints.
13
(3) The commentary must cover the transfer of information and
14
complaints between AA and the Aircraft Noise Ombudsman.
15
8 After section 74A
16
Insert:
17
74B Aircraft Noise Ombudsman
18
(1) The regulations must prescribe a scheme for the establishment of
19
an Aircraft Noise Ombudsman.
20
(2) The functions of the Aircraft Noise Ombudsman under the scheme
21
must include the following:
22
(a) reviewing the handling of complaints or enquiries made to
23
AA, CASA or the Department of Defence about aircraft
24
noise, whether on application by a complainant, at the
25
Ombudsman's own initiative or at the request of AA, the
26
Department of Defence or the Minister;
27
(b) reporting to AA, CASA or the Department of Defence (as the
28
case requires), and the Minister (as the Ombudsman
29
considers appropriate), about reviews undertaken as
30
mentioned in paragraph (a);
31
Amendments Schedule 1
No. , 2016
Air Services Amendment Bill 2016
7
(c) monitoring and reporting on the effectiveness of community
1
consultation processes about aircraft noise that are
2
undertaken by AA, CASA or the Department of Defence;
3
(d) monitoring and reporting on the effectiveness of the
4
presentation and distribution of information about aircraft
5
noise;
6
(e) reviewing other matters relating to the management of
7
aircraft noise by AA or the Department of Defence, on
8
request by AA or the Department of Defence (as the case
9
requires);
10
(f) making recommendations to the Minister, AA, CASA and
11
the Department of Defence for improvements in the
12
management of aircraft noise;
13
(g) any other functions the Minister considers appropriate.
14
(3) The scheme must provide for the following:
15
(a) the circumstances in which the Ombudsman may refuse to
16
review or investigate a complaint or any other matter;
17
(b) the circumstances in which the Ombudsman may transfer a
18
complaint to another person or body;
19
(c) the powers of the Ombudsman to obtain information and
20
documents from AA, CASA or the Department of Defence
21
for the purpose of performing the Ombudsman's functions;
22
(d) the circumstances in which information or documents given
23
to the Ombudsman may be disclosed;
24
(e) the appointment of the Ombudsman by the Minister;
25
(f) the remuneration, and other terms and conditions of
26
appointment, of the Ombudsman;
27
(g) the appointment of a person to act as the Aircraft Noise
28
Ombudsman in particular circumstances;
29
(h) the Ombudsman's resignation and the termination of the
30
Ombudsman's appointment by the Minister for reasons
31
specified in the scheme;
32
(i) immunity of the Ombudsman from civil proceedings;
33
(j) the Ombudsman to be assisted by staff or other persons;
34
(k) any other matter the Minister considers appropriate.
35
Schedule 1 Amendments
8
Air Services Amendment Bill 2016
No. , 2016
Environment Protection and Biodiversity Conservation Act
1
1999
2
9 After section 160
3
Insert:
4
160A Community Aviation Advocate
5
(1) Where the Minister receives advice under section 10A of the Air
6
Services Act 1995 that Airservices Australia is proposing changes
7
in the management of aircraft noise or airspace which would have,
8
or would be likely to have, a significant impact on the human or
9
natural environment, community amenity or residential areas, or
10
forms this opinion through other means, the Minister must appoint
11
a Community Aviation Advocate in relation to these changes.
12
(2) The role of the Community Aviation Advocate is to assist, inform
13
and advocate on behalf of the parts of the community likely to be
14
affected by the proposed changes in subsection (1).
15
(3) The Community Aviation Advocate must be independent of
16
aviation interests.
17
(4) The duties, duration and basis of appointment, and remuneration of
18
the Community Aviation Advocate must be commensurate with the
19
work required in fulfilling the Advocate's role.
20