Alert

On 27 March 2006, the “Airport Development and Aviation Noise Ombudsman Bill 2006”, a private member’s Bill, was introduced into the House of Representatives by Mr Steve Georganas, the Member for Hindmarsh in South Australia.

If passed, airports would be subject to further level of scrutiny from a newly created Airport Development and Aviation Noise Ombudsman (Airport Ombudsman) and existing aviation-related regulatory bodies would be required to work with the Airport Ombudsman.

There is currently no indication of whether the Bill will be debated in the House of Representatives or considered by the Senate.

Establishment of the office of Airport Development and Aviation Noise Ombudsman

The Bill proposes that an office of the Airport Ombudsman be established. The Airport Ombudsman would have the following functions:

• be a point of liaison between the Minister and the public about the impact on populated areas of:

• advising the Minister on the likely impact of carrying out plans for airport development on affected populated areas
• consulting with Airservices Australia and any other relevant agency about proposals to change aircraft routes to ensure that any route changes minimise aircraft noise in populated areas, and
• referring any aircraft noise complaints in populated areas or airport developments that may impact on populated areas to the Commonwealth Ombudsman to “take appropriate action in relation to such complaints”.

The Bill also states that, in performing his or her functions, the Airport Ombudsman must consult with government, commercial, industry, consumer, community and other relevant bodies and organisations where appropriate.

Changes to other airport and aviation-related Acts

In addition to establishing the office of the Airport Ombudsman, the Bill would also make consequential changes to the Airports Act 1996, the Air Services Act 1995, the Civil Aviation Act 1988 and the Ombudsman Act 1976.

The effects of these consequential changes would include:

• the Minister would have to take into account the views of the Aiport Ombudsman when deciding whether to approve a draft master plan or major development plan, or approve a variation to an approved final master plan or approved final major development plan, for an airport
• the Minister would have to take into account the views of the Airport Ombudsman when deciding whether to approve an airport’s draft environment strategy
• Airservices Australia would be required to consult with the Airport Ombudsman in the performance of its functions and the exercise of its powers
• the Civil Aviation Safety Authority would be required to cooperate with the Airport Ombudsman “as required”
• the Commonwealth Ombudsman could not investigate airport development or aircraft noise matters where those matters were subject to an Airport Development and Aviation Noise Ombudsman investigation, but would be required to consult the Aiport Ombudsman.

A copy of the Bill is available from the Parliament of Australia website.

If you have any questions about the Bill, or require advice about other legal or regulatory issues affecting airports, please contact us.