AE Officer and AB Controller FAQs
Airport Environment Officer
Airport Building Controller
Q: On what basis were the schedules in the Airports (Environment Protection) Regulations developed?
A: In developing the schedules in the Airports (Environment Protection) Regulations, the Department examined the most recent work from bodies such as the Australian New Zealand Conservation Council and State Government Environment Protection Agencies. The sources were examined and where applicable incorporated into the schedules in the Airports (Environment Protection) Regulations.
Q: The Airports (Environment Protection) Regulations provide a general duty that protects the environment from harm in relation to pollution, how is it determined whether that general duty has been breached?
A: The general duty is deemed to have been breached if a substance is emitted above a level outlined in the air, water or soil schedules in the Airports (Environment Protection) Regulations.
Q: When is a draft Airport Environment Strategy required to be provided to the Minister for Infrastructure, Transport, Regional Development and Local Government for approval?
A: A draft Airport Environment Strategy is required to be submitted 12 months after the date at which the 50 year lease with a 49 year option commences.
Q: What is the time period over which a preliminary draft Airport Environment Strategy is required to be available for public comment?
A: The Airports Act 1996 states that a preliminary draft Airport Environment Strategy is required to be available for a public comment period of 90 days prior to Ministerial submission.
Q: Once an Airport Environment Strategy is in place how does the Department of Infrastructure, Transport, Regional Development and Local Government monitor whether the commitments contained within the strategy are being reached?
A: Under the Airports (Environment Protection) Regulations, an Airport Lessee Company with an approved Airport Environment Strategy in place is required to provide an Annual Report to the Department of Infrastructure, Transport, Regional Development and Local Government made against the commitments contained within the Airport Environment Strategy.
Q: What other Commonwealth environment legislation applies at airports regulated under the Airports Act 1996 and associated regulations?
A: The Environment Protection (Impact of Proposals) Act 1974, Endangered Species Protection Act 1992, Australian Heritage Commission Act 1975 and Aboriginal and Torres Strait Islander Heritage Protection Act 1984 apply at leased Federal airports. Environment Australia administers these pieces of legislation.
Q: How did the Department of Infrastructure, Transport, Regional Development and Local Government select their Airport Environment Officers?
A: Through a comprehensive Open Tender selection process the Department of Infrastructure, Transport, Regional Development and Local Government selected professional and experienced environmental professionals for each airport.
Q: Who is the Airport Building Controller?
A: The Department of Infrastructure, Transport, Regional Development and Local Government has appointed an Airport Building Controller (ABC) at each leased federal airport. The ABC is responsible for ensuring that activities at leased airports meet the appropriate building and engineering standards.
Q: What construction and building activities at leased federal airports require approval?
A: All construction and building activities must be notified to the Airport Building Controller (ABC). These activities cover, for example, new buildings, terminals, hangars, shop fit-outs and civil works including runways, taxiways, roads and drains. Demolition activities are also included as building activities. Activities require a formal application to the ABC and payment of the associated fee. The ABC can supply further information to proponents as to which activities require an application.
The Regulations also allow building works to continue under an existing building approval issued by the Federal Airports Corporation (FAC).
Q: Do all building activities at airports require an approval, including minor alterations and maintenance?
A: Under the Regulations minor building and construction activities, including repairs and alterations, do not require a formal application but must be brought to the attention of the ABC.
Q: What does the approval process involve?
A: The specific process for the approval of building and construction activities is set out in the Airports (Building Control) Regulations. Copies of the Regulations and further details and procedures can be obtained from the ABC.
Q: What Building and Construction Standards are applied at leased airports?
A: For the majority of work involving buildings, the relevant standards can be found in the Building Code of Australia (BCA), as applied in the State/Territory in which the building activity is taking place. Where no such standard is available, a recognised international standard or performance objective determined by engineering assessment in accordance with the BCA will be used.
Q: How does an Airport Building Controller deal with developments that fall outside the BCA, for example aerobridges?
A: Where the BCA does not apply (eg in relation to civil engineering works such as roads and bridges, or specific aeronautical structures such as aerobridges, hangars, etc) the relevant standards will be specified by the ABC in the Airport Building Controller Operations Manual. Generally these will be approved Australian standards, or where no such standard is available, a recognised international standard.
Q: When is a certificate of compliance required?
A: A certificate of compliance is required for all building and construction work that requires formal approval by the ABC. Certificates are issued by the ABC after application and the payment of the associated fee. A certificate of occupancy is required before a building can be occupied and a certificate of use is required before other electrical or engineering works can be used. A number of transitional arrangements apply.
Q: Can private certification be used?
A: In line with Australian trends in building approval and certification, the Regulations allow for the ABC to rely on expert certificates provided by third parties.
Q: What is the role of the Airport Lessee Company in the building approval process?
A: The consent of the Airport Lessee Company (ALC) is required before any approval can be given by the ABC. The ALC will review all applications to ensure that the proposal is consistent with the airport master plan, to ensure the development is consistent with their planning objectives and to assess the impact of the proposal on infrastructure and the operations of the airport. The ALC also has the power to impose appropriate conditions on building activities.
Q: Can I appeal a decision of the ABC?
A: The regulations provide for appeals to the Administrative Appeals Tribunal from decisions made by the ALC or the ABC.
Q: What is the role of State or Territory laws in the building control process at leased federal airports?
A: Generally State and Territory laws in respect of building approvals and planning have no effect at leased federal airports. State and Territory law with respect to the registration of builders and other construction professionals, builder insurance, occupational health and safety, and fire safety apply.
Q: How did the Department of Infrastructure, Transport, Regional Development and Local Government select its Airport Building Controllers?
A: Through a comprehensive Open Tender selection process the Department of Infrastructure, Transport, Regional Development and Local Government selected professional and experienced building control professionals for each airport.