Air Services Act 1995 - Direction pursuant to section 16 concerning the responsibilities of Airservices Australia in respect of the environmental effects of aircraft

Overview

The Air Services Act 1995 was enacted by the Parliament of Australia to provide a legislative framework for the regulation of air services in Australia, with a particular emphasis on safety, efficiency, and environmental considerations. One of the key objectives of this Act is to address the environmental effects of aircraft operations, which led to the introduction of specific responsibilities for Airservices Australia. In 1999, pursuant to Section 16 of the Air Services Act 1995, the Minister of State for Transport and Regional Services issued a direction to Airservices Australia, outlining a range of activities aimed at managing the environmental impacts of aircraft operations. This direction, which supersedes an earlier directive to the Civil Aviation Authority, includes the development and implementation of high-quality environmental practices, provision of environmental advice and data, engagement in environmental research and consultation, and monitoring and reporting on aircraft noise and emissions. The overarching policy objective of these activities is to ensure that Airservices Australia plays a central role in mitigating the environmental effects of aviation in Australia.

Scope and Application

The Air Services Act 1995 applies to entities and individuals involved in the operation, management, and oversight of air services within Australia, specifically focusing on environmental aspects related to aircraft operations. This Act extends its reach to Airservices Australia, which is mandated to undertake specified activities aimed at mitigating the environmental effects of aircraft, as outlined in the legislative instrument. These activities encompass the development and implementation of environmental practices, the provision of data and advice on air traffic management, and the monitoring and enforcement of compliance with relevant regulations. The jurisdictional scope of this Act is national, as it pertains to all major Australian airports and the broader Australian aviation industry. Notably, the Act does not explicitly outline exclusions, exemptions, or thresholds, but it does specify that activities are to be carried out in accordance with government policy. The detailed responsibilities and activities are further delineated in the legislative instrument, which serves to extend and specify the application of the Act through subordinate instruments.

Key Provisions

The key operative sections of this legislative instrument, numbered M37 / 99, direct Airservices Australia to undertake a range of activities concerning the environmental effects of aircraft, as specified in the schedule (section 16(1) of the Air Services Act 1995). These activities include developing and implementing high-quality environmental practices in aircraft operations, providing advice and information on environmental aspects of air traffic management, initiating discussions and consultations on these matters, and undertaking monitoring and compliance activities related to aircraft noise and emissions. Airservices Australia is also required to provide public response and reporting services, install and maintain noise and flight path monitoring systems, and report on aircraft movements during curfew hours at specified airports. Airservices Australia has specific obligations and requirements under this direction. These include developing and implementing environmental practices for aircraft operations, navigational aids, and rescue and firefighting activities at Australian airports (Schedule (i)). They must provide advice and information on environmental aspects of air traffic management, including aircraft movements, noise, and emissions (Schedule (ii)). Airservices Australia is also tasked with initiating and participating in discussions, consultations, studies, and research with the aviation industry and the community regarding these environmental aspects (Schedule (iii)). Additionally, they must undertake monitoring, testing, and compliance activities associated with the Air Navigation (Aircraft Noise) Regulations and the Air Navigation (Aircraft Engine Emissions) Regulations (Schedule (iv)). There are no specific offences, penalties, or consequences mentioned for non-compliance with this direction within the legislative instrument. However, given that the Act and associated regulations govern air services and environmental practices, non-compliance could potentially lead to enforcement actions under those broader regulatory frameworks. The maximum penalties for breaches of related regulations, such as the Air Navigation (Aircraft Noise) Regulations, can include fines up to a certain amount as specified in the relevant regulations, and more severe penalties for serious or repeated violations.