National Capital Plan - Amendment No. 30 - Canberra Airport

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2008B00038 Not in force Legislative Instrument

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NATIONAL CAPITAL AUTHORITY

Australian Capital Territory

(Planning and Land Management) Act 1988

NATIONAL CAPITAL PLAN

AMENDMENT 30

CANBERRA AIRPORT

September 2000

 

AUSTRALIAN CAPITAL TERRITORY

(PLANNING AND LAND MANAGEMENT) ACT 1988

NATIONAL CAPITAL PLAN

AMENDMENT 30

(CANBERRA AIRPORT)

Amend the National Capital Plan as follows:

1. Replace Figure 3, Designated Areas by an amended Figure 3 as attached.

2. Replace the second page of Figure 4, The Central National Area Key Map by an amended second page of Figure 4 as attached.

3. Replace Figure 14, The Central National Area (Fairbairn) by an amended Figure 14 as attached.

Note: The effect of amendments 1-3 above is to match the extent of the airport site depicted in the Plan with the boundaries of the Crown lease issued to Canberra International Airport Pty Ltd

4. Amend the wording in 1.3 Remaining Parts of the Central National Area by

(i) replacing "Campbell Park and Canberra Airport/RAAF Base Fairbairn" in the first paragraph with the words "and Campbell Park"; and

(ii) replacing ", Department of Defence and Federal Airports Corporation" in the third paragraph with the words "and the Department of Defence"

Note: The effect of amendment 4 above is to remove from the Plan a requirement that a Master Plan be prepared for Canberra Airport

5. Delete clauses 4.4(h), 5.2(g), 8.3(e) and 9.3(g) respectively set out under 4.4 Policies for Urban Areas, 5.2 Policies for Broadacre Areas, 8.3 Policies for the National Capital Open Space System and 9.3 Policies for Rural Areas, and re-number the subsequent clauses appropriately.

Note: The clauses, all identical in wording, stated: "To ensure safety in relation to aircraft movements, any development that would exceed the heights shown in the maps at Appendix Q shall be referred to the Department of Defence for examination and comment".

6. Insert the following as a new sixth paragraph in 5.1 and a new last paragraph in 4.1, 8.1 and 9.1, the Background sections of the Chapters 5, 4, 8 and 9 respectively titled Broadacre Areas, Urban Areas, National Capital Open Space System and Rural Areas:

"Protected airspace provisions in relation to Canberra International Airport apply to development independently of the National Capital Plan. To satisfy a requirement of the Airports (Protection of Airspace) Regulations 1996, Canberra International Airport Pty Ltd has prepared a diagram prescribing protected airspace. The diagram is incorporated in the Airport Master Plan prepared under the Airports Act 1996. Detailed information may be obtained from the Commonwealth agency with responsibility for protected airspace (currently Department of Transport and Regional Services)".

7. Delete the sixth paragraph and alter the fifth paragraph of 5.1 Background in Chapter 5. Broadacre Areas to remove references to public safety, to remove qualitative information about aircraft noise, and to refer to appropriate sources of information about aircraft noise exposure forecasts. The altered paragraph reads as follows:

"Aircraft noise under airfield approaches is an unavoidable byproduct of flying operations associated with airports. The Australian Noise Exposure Forecast (ANEF) system, expressed by noise contours centred on the airport, is a scientific measure of forecast noise exposure levels based on current and future projections of operational activities in the vicinity of the runway approaches. The system can assist in planning and development decision making. Information about forecast noise exposure in relation to Canberra International Airport can be obtained from the Commonwealth agencies with responsibility for aircraft noise regulation (currently Airservices Australia, and Department of Transport and Regional Services. The Department and Canberra International Airport Pty Ltd both hold copies of the Airport Master Plan which includes detailed information about aircraft noise)".

8. Alter 5.2 Policies for Broadacre Areas in Chapter 5. Broadacre Areas by:

(i) Deleting clause 5.2(d) and renumbering and cross-referencing the subsequent clauses appropriately

Note: Clause 5.2(d) relates to Australian Noise Exposure Forecasts relating to the Airport.

(ii) Inserting in the range of uses permitted in Broadacre Areas at clause 5.2(i) [renumbered 5.2(g) as a result of other amendments herein] the following:

 "Airport (Canberra International Airport only)"

 "Transport Facility, including Road and Rail" in substitution for "Transport Facility, including Road"

(iii) Inserting a new clause 5.2(h) as follows:

"5.2(h) Canberra International Airport

The range and nature of uses permitted at Canberra International Airport is as follows:

Primary Uses:

 The landing and departure of aircraft

 The housing, servicing, maintenance and repair of aircraft

 The assembly and dispersal of passengers and goods

 Uses determined by the Authority to be associated with and ancillary to and enhance the operation of the airport.

Other Uses:

 The range of uses scheduled at clause 5.2(g)

 Commercial Accommodation

 Dwelling if necessary for the operation of any permitted use

 Light Industry

 Office, provided that individual office buildings (other than "Office" associated with a Primary Use) shall not exceed 2000 square metres in Gross Floor Area

 Place of Assembly

 Retail, provided that individual retail establishments outside the Terminal Building (other than "Retail" associated with a Primary Use) shall not generally exceed 500 square metres in Gross Floor Area.

9. Delete Figure 22 titled 1997 Noise Exposure Forecast (ANEF)

10. Alter Appendix A Land Use Definitions by:

(i) Deleting the term "Airport – RAAF Base Fairbairn" and its meaning

(ii) Inserting definitions for "Industry" and "Light Industry" as follows:

"Industry

The use of land for the principal purpose of manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, winning of minerals, dismantling, processing, or adapting of any goods or any articles.

Light Industry

An industry in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with

the amenity of the locality by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise".

11. Delete Appendix Q titled Height Limitations, Airport/RAAF Base, Fairbairn

12. Make such changes to Index pages as are necessary to accommodate the amendments herein.

 

 

Designated Areas

 

Key Map

Figure 14

The Central National Area (Fairbairn)

Overview

The Australian Capital Territory (Planning and Land Management) Amendment Act 1988, enacted in 1988, addresses the planning and land management needs of the Australian Capital Territory, including the regulation of development in designated areas. The Australian Capital Territory (Planning and Land Management) Act 1988 was introduced by the Parliament of the Australian Capital Territory to provide for the planning and land management in the Territory. This particular legislative instrument amends the National Capital Plan to update and refine the planning framework for the Canberra Airport area, ensuring that the airport's development aligns with current operational requirements and regulatory standards. The policy objective of these amendments is to facilitate the efficient and safe operation of Canberra Airport while accommodating its growth and development needs. The legislative instrument amends the National Capital Plan to reflect the current boundaries of the Canberra Airport lease, removes outdated height restriction clauses relating to aircraft safety, and clarifies the applicability of airspace and aircraft noise regulations. These amendments streamline the planning process for the airport, ensuring it remains compliant with contemporary aviation standards and regulatory requirements. By updating the National Capital Plan, the instrument aims to support the operational efficiency and expansion of Canberra Airport, while also addressing public safety and environmental considerations related to aircraft noise and airspace protection.

Scope and Application

The Australian Capital Territory (Planning and Land Management) Act 1988, specifically the National Capital Plan Amendment 30 (Canberra Airport) 2000, applies to the National Capital Plan concerning the Canberra Airport. The amendment involves modifying the airport site's boundaries to match those of the Crown lease issued to Canberra International Airport Pty Ltd. The changes also remove a requirement for a Master Plan for Canberra Airport and adjust height limitations policies to align with the Airports (Protection of Airspace) Regulations 1996. These amendments extend the application of the Act by incorporating provisions related to protected airspace and aircraft noise exposure forecasts, which are governed by the Commonwealth agencies. Notably, the Act does not apply to specific exclusions or exemptions, but rather adjusts the existing framework to better integrate with the operational needs of Canberra International Airport. Subordinate instruments, such as the Airports (Protection of Airspace) Regulations 1996, further extend the application of this Act by detailing specific requirements for airspace protection and aircraft noise management.

Key Provisions

The legislative instrument amends the Australian Capital Territory (Planning and Land Management) Act 1988 by modifying the National Capital Plan, specifically concerning the Canberra Airport. Section 1 of the amendment replaces Figure 3, Designated Areas, with an amended version to match the extent of the airport site with the boundaries of the Crown lease held by Canberra International Airport Pty Ltd. Section 2 replaces the second page of Figure 4, The Central National Area Key Map, and Section 3 replaces Figure 14, The Central National Area (Fairbairn), both with amended versions. These changes ensure consistency between the airport site boundaries in the National Capital Plan and those defined by the Crown lease. Section 4 modifies the wording in 1.3 Remaining Parts of the Central National Area, removing a requirement for a Master Plan for Canberra Airport and altering references to the Department of Defence and Federal Airports Corporation. The obligations imposed by this legislative instrument are primarily administrative and procedural. Section 4's textual amendments effectively remove the need for a Master Plan for the Canberra Airport, simplifying the planning process for the airport area. Sections 5 and 6 introduce new text regarding protected airspace and aircraft noise exposure, directing developers and planners to relevant Commonwealth agencies for information. Section 7 removes references to public safety and qualitative information about aircraft noise, while Section 8 alters the permitted uses in Broadacre Areas, expanding the range of permissible activities at Canberra International Airport and specifying conditions for certain uses. The legislative instrument includes specific amendments that lead to the removal of certain clauses and figures that previously governed aspects of airport planning and noise exposure. Section 5 removes clauses 4.4(h), 5.2(g), 8.3(e), and 9.3(g), which previously required consultation with the Department of Defence on height limitations for development in relation to aircraft movements. Section 6 deletes the sixth paragraph and alters the fifth paragraph in the Background section of Chapter 5, Broadacre Areas, to streamline information on aircraft noise and public safety. Section 7 deletes Figure 22, the 1997 Noise Exposure Forecast (ANEF), as it is no longer necessary given the new information sources provided. Section 8 alters the permitted uses in Broadacre Areas by adding "Airport (Canberra International Airport only)" and "Transport Facility, including Road and Rail" and inserting a new clause 5.2(h) detailing specific uses permitted at Canberra International Airport. Regarding penalties and consequences for non-compliance, the legislative instrument does not explicitly outline specific offences or penalties for breaches of its provisions. However, non-compliance with the amended National Capital Plan could potentially result in planning approval being denied or revoked under the Australian Capital Territory (Planning and Land Management) Act 1988. Additionally, any development activities that do not adhere to the new provisions regarding protected airspace and aircraft noise exposure could be subject to enforcement actions by the relevant Commonwealth agencies, such as the Department of Transport and Regional Services and Airservices Australia. The maximum penalties for breaches of related Commonwealth regulations, such as the Airports (Protection of Airspace) Regulations 1996, could include fines and other administrative actions.

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