A Bill for an Act to amend the Air Services Act 1995, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Air Services (Aircraft Noise) Amendment Act 2011.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedule 1, item 9 | A single day to be fixed by Proclamation. A Proclamation cannot be made unless the Minister is satisfied that funds have been appropriated for the purpose of paying the salary and associated costs of the Community Aviation Advocate. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in Column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Aircraft noise
Air Services Act 1995
1 Paragraph 8(1)(d)
After “environment”, insert “and residential areas”.
2 Subsection 9(2)
Omit “the environment is”, substitute “the environment and residential areas are”.
3 Section 10
Repeal the section, substitute:
10 AA must consult and cooperate
(1) In the performance of its functions and the exercise of its powers, AA must, where appropriate, consult with government, commercial, industrial, consumer, aircraft noise, community and other relevant bodies and organisations (including ICAO and bodies representing the aviation industry).
(2) During consultations, AA must advise other parties of how they can make a complaint about AA’s conduct, if they so wish. This advice must include that AA is within the jurisdiction of the Commonwealth Ombudsman.
(3) AA must widely publish the details of its consultations, both before and after they occur.
10A Consulting with communities
General
(1) Where AA has decided to propose changes in the management of flight paths or airspace which would have, or be likely to have, any impact on the environment or individuals’ enjoyment of their place of residence, AA must:
(a) arrange for consultations on the proposal under section 10; and
(b) advise the Minister responsible for the Environment Protection and Biodiversity Conservation Act 1999 of the consultations; and
(c) request the Minister to appoint a Community Aviation Advocate to represent the affected parts of the community during the consultations.
Consultation in relation to Perth flightpaths
(2) As soon as practicable after the Air Services (Aircraft Noise) Amendment Act 2011 receives the Royal Assent, AA must propose a plan for the management of flight paths relating to Perth, which may be either the current plan or a changed plan.
(3) The proposal is taken to be a proposal to which subsection (1) and section 10 apply.
4 After paragraph 13(a)
Insert:
(ab) the need to minimise the impact of aircraft operations on the environment and residential areas;
5 Paragraph 22(1)(d)
Repeal the paragraph, substitute:
(d) between 6 and 8 other members.
6 After subsection 22(5)
Insert:
(6) The Board must include an expert in environmental management and a representative of an aircraft noise or related community group.
7 After section 74
Insert:
74A Complaints reporting
(1) In its annual report, AA must provide detailed commentary on complaints made in relation to its conduct.
(2) The commentary must cover the efficiency and effectiveness of AA’s handling of complaints.
(3) The commentary must cover the transfer of information and complaints between AA and the Commonwealth Ombudsman.
Environment Protection and Biodiversity Conservation Act 1999
8 Paragraph 160(2)(b)
After “environment”, insert “or individuals’ enjoyment of their place of residence”.
9 After section 160
Insert:
160A Community Aviation Advocate
(1) Where the Minister receives advice under section 10A of the Air Services Act 1995 that Airservices Australia is proposing changes in the management of aircraft noise or airspace which would have, or would be likely to have, a significant impact on the environment or individuals’ enjoyment of their place of residence, or forms this opinion through other means, the Minister must appoint a Community Aviation Advocate in relation to these changes.
(2) The role of the Community Aviation Advocate is to assist, inform and advocate on behalf of the parts of the community likely to be affected by the proposed changes in subsection (1).
(3) The Community Aviation Advocate must be independent of aviation interests.
(4) The duties, duration and basis of appointment, and remuneration of the Community Aviation Advocate must be commensurate with the work required in fulfilling the Advocate’s role.