Air Services Act 1995 - Direction pursuant to section 16 concerning environmental responsibilities of Airservices Australia

Overview

The Air Services Act 1995 was enacted to provide a framework for the regulation of air services in Australia, ensuring safety, efficiency, and consumer protection. This legislation was introduced to address the need for a cohesive regulatory environment for Australia's aviation industry, encompassing both domestic and international air services. The Act was passed by the Parliament of Australia with the objective of facilitating the efficient and safe operation of air services while considering environmental impacts and community concerns. In 1996, a direction was issued under the authority of the Act, assigning specific responsibilities to Airservices Australia, the entity responsible for air navigation services in Australia. This direction, issued by John Randall Sharp, Minister of State for Transport and Regional Development, mandated Airservices Australia to take over the operation of aircraft noise complaints handling centres at specified federal airports, aiming to manage and mitigate community concerns regarding aircraft noise effectively.

Scope and Application

The Air Services Act 1995, as amended by the legislative instrument F2009B00156, pertains to the management and oversight of air services in Australia. This legislation applies to Airservices Australia, a body corporate established under the Act, which is responsible for providing air navigation services in Australian airspace. The Act specifically targets the environmental responsibilities of Airservices Australia, particularly in relation to aircraft noise complaints. The geographic reach of this Act is national, applying to all federal airports within Australia, including Sydney (Kingsford Smith) Airport and other federal airports as designated. The direction issued under section 16 of the Act mandates Airservices Australia to assume the operation of aircraft noise complaints handling centres at these federal airports, with a specific emphasis on the Sydney airport, and other federal airports as per agreements with the Federal Airports Corporation. This directive extends the application of the Act through subordinate instruments, ensuring that Airservices Australia takes on the specified responsibilities to manage and mitigate aircraft noise complaints effectively.

Key Provisions

The direction issued under section 16 of the Air Services Act 1995 (the Act) mandates specific environmental responsibilities for Airservices Australia. Section 16(1) of the Act empowers the Minister of State for Transport and Regional Development to issue such directions. This particular direction, issued by John Randall Sharp on 29 May 1996, requires Airservices Australia to assume responsibility for the operation of aircraft noise complaints handling centres. The first requirement, outlined in paragraph (a), is for Airservices Australia to take over the operation of the aircraft noise complaints handling centre at Sydney (Kingsford Smith) Airport as soon as possible. The second requirement, outlined in paragraph (b), directs Airservices Australia to assume responsibility for the operation of aircraft noise complaints handling centres at all federal airports, excluding Sydney (Kingsford Smith) Airport, with effect from dates agreed upon between Airservices Australia and the Federal Airports Corporation. The obligations imposed by this direction include the operational management of aircraft noise complaints at designated federal airports. Airservices Australia is tasked with ensuring that the aircraft noise complaints handling centres are effectively managed, which involves addressing complaints related to aircraft noise in a timely and efficient manner. This entails providing a clear channel for individuals to report noise complaints, investigating these complaints, and taking appropriate action to mitigate any identified noise issues. The direction also requires coordination with the Federal Airports Corporation to determine the specific dates and arrangements for the transfer of responsibilities at airports other than Sydney (Kingsford Smith) Airport. Failure to comply with the provisions of this direction could result in significant consequences. Although the specific penalties or consequences for non-compliance are not detailed in the direction itself, the Act may provide for various enforcement measures and penalties. Generally, under the Air Services Act 1995, non-compliance with directions issued by the Minister could lead to civil or criminal penalties, including fines and other sanctions. The maximum penalties could vary depending on the nature and severity of the breach, but they could potentially include substantial financial penalties, administrative actions, or even criminal charges in severe cases. Ensuring compliance with the direction is therefore crucial for Airservices Australia to avoid these potential repercussions.