EXPLANATORY STATEMENT
Issued by Authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
Air Services Act 1995
Air Services (WSI—Reciprocal Runway Operations and Environmental Monitoring Program) Direction 2026
Section 16(1) of the Air Services Act 1995 (the Act) provides that the Minister may give written directions to Airservices Australia (AA) relating to the performance of its functions or the exercise of its powers.
The Air Services (WSI—Reciprocal Runway Operations and Environmental Monitoring Program) Direction 2026 (the Direction) is made under section 16(1) of the Act. The purpose of the Direction is to help reduce the community impact of flight paths for Western Sydney International (Nancy-Bird Walton) Airport (WSI) by directing AA to:
- preference Reciprocal Runway Operations (RRO) as the default operating mode at night (including the use of what the Direction defines as RRO-NAP) when AA is satisfied that it is safe to do so, and
- consider the monitoring data coming from Western Sydney Airport Co Limited’s (WSA) environmental monitoring program when undertaking future reviews of noise abatement procedures and flight paths for WSI.
The Direction commences the day after it is registered on the Federal Register of Legislation.
The Direction is a legislative instrument for the purposes of the Legislation Act 2003.
However, because it is a Ministerial direction to a person or body it is not subject to disallowance or sunsetting, in accordance with item 2 of the table in section 9 and item 3 of the table in section 11 of the Legislation (Exemptions and Other Matters) Regulation 2015. The exemptions are appropriate because where an Act delegates a matter to the Minister to be dealt with by Ministerial direction, the Parliament typically intends for executive control to operate in relation to the matter. Parliament will have visibility of the direction as it is required to be tabled under section 74 of the Act.
Details of the Direction are set out in Attachment A.
Consultation
In preparing this legislative instrument, consultation was undertaken with AA, the Civil Aviation Safety Authority (CASA) and WSA.
Attachment A
Details of the Air Services (WSI—Reciprocal Runway Operations and Environmental Monitoring Program) Direction 2026
Section 1 – Name
This section provides that the name of the instrument is the Air Services (WSI—Reciprocal Runway Operations and Environmental Monitoring Program) Direction 2026.
Section 2 – Commencement
This section states that the instrument commences the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section states that the instrument is made under s 16(1) of the Air Services Act 1995 (the Act).
Section 4 – Definitions
This section provides definitions of expressions used in the instrument.
The definitions of ‘RRO mode’ and ‘RRO-NAP’ refer to the written description of those flight procedures in the Western Sydney International (Nancy‑Bird Walton) Airport – Airspace and flight path design Environmental Impact Statement 2024 (WSI EIS 2024). The WSI EIS 2024 could in 2026 be viewed at https://www.wsiflightpaths.gov.au.
Paragraph (a) of the definition of ‘RRO mode’ refers to the set of flight paths described in Table 7.13 of the WSI EIS 2024.
Paragraph (b) of the definition of ‘RRO mode’ refers to ‘an alternative set of flight paths’ for nighttime operations at WSI using Runway 05 for arrival and Runway 23 for departure in the same mode. This is included to reflect that flight paths are subject to regular review processes including periodic reviews, or in response to traffic, environmental or safety issues. The definition of ‘RRO mode’ is intended therefore to also apply to future flight paths that utilise the reciprocal runway operations method should they be developed.
In relation to ‘RRO-NAP’, changes were made to the proposed radar vectoring area as part of the detailed design process undertaken by Airservices Australia (AA). This does not affect the written description of RRO-NAP in Table 7.14 of the WSI EIS 2024, however the accompanying illustration in Figure 7.12 is no longer accurate.
The correct illustration of RRO-NAP is set out in Figure 2 in AA’s Detailed Design engagement feedback summary report 2025, which in 2026 could be viewed on bit.ly/airservicesWSIfeedbackreport.
Section 5 – AA must preference RRO mode
RRO mode is the runway mode of operation in which all aircraft arrive from the south-west onto Runway 05 at WSI and take off to the south-west off Runway 23, between 11.00pm and 5.30am.
Section 5(1) directs AA to preference the use of RRO mode because the WSI EIS 2024 outlines that RRO mode would have the lowest overall noise impact on populations and dwellings at night. AA is only required to preference the use of RRO mode if AA is satisfied it is safe to do so, taking into consideration operating conditions.
Air Traffic Controllers are responsible for assessing prevailing operating conditions when nominating a runway. Operating conditions can include factors such as weather, traffic disposition, delays and technology-readiness. Where operating conditions permit, preference should be given to the use of RRO.
The note under section 5(1) clarifies that AA must continue to comply with Part 172 of the Civil Aviation Safety Regulations 1998 and the Manual of Standards for that Part, which provides criteria for AA to apply when selecting a nominated runway.
Section 5(2) directs AA, when RRO mode is used between 11.00pm and 5.30am, to preference the use of RRO-NAP, being the procedures specified in Table 7.14 of the WSI EIS 2024. AA should only preference RRO-NAP if AA is satisfied that it is safe to do so, taking into consideration operating conditions, such as traffic disposition, weather or delay.
Section 6 – AA must provide reports about the use of RRO mode
Section 6(1) directs AA to publish, after the end of a reporting month, a report on its website that sets out the utilisation rates of RRO mode and RRO-NAP during that month, together with the operating conditions and any other matters that prevented their use. Operating conditions may include, but are not limited to, weather, traffic disposition, delays and technology-readiness.
Other matters that may prevent the use of RRO mode and RRO-NAP could include, but are not limited to, unforeseen incidents or technical issues which occur at the airport.
The purpose of this reporting is to ensure transparency in the use of RRO mode and RRO-NAP and inform government and community of runway usage at WSI.
Section 6(2) provides the definition of a reporting month and outlines that reporting would commence the month starting on the day the first commercial passenger flight departs from or arrives at WSI and continues each subsequent month.
Section 7 – Reports to the Minister about performance of section 5 direction
Section 7(1) directs AA to give the Minister a report on a 5-yearly basis that sets out AA’s views about the performance of the direction given under section 5. Section 7(2) provides a definition of 5-year period.
Usage of RRO mode and RRO-NAP depends on the number of arriving and departing aircraft, which would vary over time. This aspect of the direction provides AA with the opportunity to present the Minister with an assessment of the continued viability of RRO mode and RRO-NAP.
Section 8 – AA must consider EMP in future reviews of noise abatement procedures and flight paths
On 4 June 2025, the Minister for Infrastructure, Transport, Regional Development and Local Government announced her authorisation of WSI’s preliminary airspace and flight path design. This authorisation included the acceptance of conditions, from the then Minister for the Environment and Water, that an environmental monitoring program (EMP) be established to monitor impacts of aircraft noise within and adjacent to the Greater Blue Mountains Area.
Section 8 directs AA, as Australia’s air navigation service provider, to consider WSA’s EMP and any monitoring data from the EMP in future reviews of noise abatement procedures and flight path modifications for WSI as part of their flight paths change processes.
‘Flight path change processes’ refer to AA’s existing arrangements for design, environmental considerations and community engagement standards. These processes do not explicitly include the consideration of EMP data.
Section 8 intends to require AA to consider the EMP and EMP data as part of these established processes. This may include periodic or Post Implementation Reviews (PIR) of flight paths that AA may undertake.
Section 8 does not extend to requiring AA to undertake any specific or bespoke reviews of flight paths in light of EMP data.
The EMP and monitoring data would be published on WSA’s website.
Section 9 – This instrument ceases after 2056
Section 9 provides the instrument ceases to be in force at the start of 1 January 2057.
This date allows sufficient time to consider any data included in the final EMP data release scheduled to occur in March 2056.