Airport Building Control and Airport Environment Protection FAQs
1. 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.
2. 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 an operator of an undertaking is found by the Airport Environment Officer to not be undertaking all reasonable and practicable measures to prevent, or if prevention is not reasonable or practicable, to minimise the generation of pollution from the undertaking.
3. 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. A draft replacement strategy must also be provided to the Minister if and when requested by the Minister, or when an airport-lessee company produces a draft environmental strategy that is intended to replace the original strategy. If a final environment strategy is in force for a airport, an airport-lessee company must give the Minster a draft environment strategy for the airport before the expiration of the original strategy (environment strategies have a 5 year strategy period).
4. 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 60 business days prior to Ministerial submission.
5. 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 outlining progress made against the commitments contained within the Airport Environment Strategy.
6. What other Commonwealth environment legislation applies at airports regulated under the Airports Act 1996 and associated regulations?
A: The Environment Protection and Biodiversity Conservation Act 1999, Australian Heritage Council Act 2003 and Aboriginal and Torres Strait Islander Heritage Protection Act 1984 apply at leased Federal airports. The Department of Environment & Heritage administers these pieces of legislation.
7. How does the Department of Infrastructure, Transport, Regional Development and Local Government select their Airport Environment Officers?
A: Through a comprehensive selection process the Department of Infrastructure, Transport, Regional Development and Local Government select professional and experienced environmental officers for each airport