Commonwealth Numbered Regulations - Explanatory Statements

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AIRPORTS (PROTECTION OF AIRSPACE) AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 55

STATUTORY RULES 2001 No. 55

Issued by the Authority of the Minister for Transport and Regional Services

Airports Act 1996

Airports (Protection of Airspace) Amendment Regulations 2001 (No. 1)

Section 252 of the Airports Act 1996 (the Act) provides that the Governor-General may make regulations prescribing matters:

a)       required or permitted by this Act to be prescribed; or

b)       necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Part 12 of the Act establishes a regime whereby "controlled activities", ie activities resulting in intrusions into the protected airspace around airports, require approval under the Airports (Protection of Airspace) Regulations 1996 ("the Regulations"). The regime is designed to protect the airspace around airports in the interests of the safety, efficiency or regularity of aircraft operations into and out of the airport concerned.

Section 182 of the Act was amended in April 1999 to expand the definition of "controlled activity" to include activities which cause airspace intrusions of a nonstructural nature, eg an industrial plant discharging a plume of air turbulence. Section 182 provides for standards relating to the controlled activities to be prescribed in the Regulations.

The Regulations prescribe a standard for air turbulence. The standard has been set after consultation with the Civil Aviation Safety Authority. The amended Regulations now require that any proposed industrial development, which would emit a plume of air turbulence into the protected airspace of a Federal airport, be assessed under the Regulations if the exit velocity of the emission exceeds the prescribed standard.

The Regulations commence on gazettal.