Background
Leased Federal Airports (LFAs) are nationally significant economic and transport infrastructure assets. The department protects the airspace around LFAs under Part 12 of the Airports Act 1996 (the Act) and the Airports (Protection of Airspace) Regulations 2026 (the Regulations).
The Regulations replace the Airports (Protection of Airspace) Regulations 1996 (the 1996 Regulations) which have been in place since the privatisation of LFAs in 1996. The 1996 Regulations sunset on 1 April 2026 and have been replaced by the Regulations. Please note that applications received prior to 1 April 2026 will be considered against the 1996 Regulations. Applications received after 1 April 2026 will be considered against the Regulations.
Effective airspace management at LFAs, including through the Act and the Regulations, is fundamental for ensuing safety outcomes along with the efficiency or regularity of airport operations.
The Regulations establish a system for the protection of airspace at, and around, airports in the interests of the safety, efficiency or regularity of existing or future air transport operations into or out of airports.
LFA sites are Commonwealth land situated adjacent to areas where state, territory and local governments are responsible for land-use planning and development. While the safety, efficiency and regularity of air transport operations into and out of the airport are the fundamental considerations, the Regulations support land-use planning and development outcomes that are compatible with airport operations.
What is the law?
Part 12 of the Act and the Regulations establish a framework for the protection of airspace at and around LFAs. The Regulations also provide a mechanism to assess proposals for, and manage intrusions into, prescribed airspace. The Act defines certain activities resulting in an intrusion into an airport's protected airspace to be a 'controlled activity', and requires that controlled activities cannot be carried out without approval.
Decisions under the Regulations are only issued by authorised delegates. The Regulations empowers the Secretary to delegate one or more of the Secretary's functions or powers to certain employees of the department and officers or employees of an Airport Operator Company. These authorised delegates may approve or refuse an application to carry out controlled activity, and to impose conditions on an approval.
Unauthorised or non‑compliant intrusions into prescribed airspace may present an unacceptable risk to aviation safety and/or impact on the efficiency and regularity of air transport operations. A person may commit an offence against section 183 of the Act, and remedial orders may be made under section 187 of the Act, if a controlled activity is carried out other than in accordance with an approval.
The Compliance Framework provides further information and guidance on how best to comply with the Act and Regulations along with what you can expect from the department in terms of compliance. It is the responsibility of the person seeking to apply for a controlled activity to ensure that they are aware of the requirements of the Act and Regulations and that their conduct is in accordance with the requirements of the Act and the Regulations.
What is prescribed airspace?
Under the Regulations, prescribed airspace for an LFA is:
- the airspace above any part of an Obstacle Limitation Surfaces (OLS) for an airport;
- the airspace above any part of a Terminal Instrument Flight Procedure Obstacle Protection (TIFPOP) surface for an airport; and
- the airspace, connected with an airport, specified in a declaration made under section 9(1).
The OLS is generally the lowest surface and is designed to provide protection for aircraft flying into or out of the airport when the pilot is flying by sight. The TIFPOP surface is generally above the OLS and is designed to safeguard an aircraft from collision with obstacles when the aircraft's flight may be guided solely by instruments, and in conditions of poor visibility.
Some LFAs may also have additional airspace, such as the Radar Terrain Clearance Chart (RTCC), that has been specified in a declaration made under section 9(1) of the Regulations.
Primary and Secondary Surfaces
Under the Regulations different prescribed airspace surfaces are classified as Primary or Secondary airspace.
A Primary surface for an LFA means:
- TIFPOP surface for the LFA; or
- any of the following kinds of OLS for the LFA:
- the approach surface;
- the inner approach surface;
- the transitional surface;
- the inner transitional surface;
- the baulked landing surface;
- the take-off climb surface; or
- a surface declared to be a primary surface for the airport in a declaration.
A Secondary surface for an LFA means:
- the outer horizontal surface of the OLS;
- the conical surface of the OLS;
- the inner horizontal surface of the OLS; or
- a surface declared to be a secondary surface for the airport in a declaration.
Prescribed airspace charts are available from your relevant LFA's website. Prescribed airspace charts published on LFA websites remain valid following the commencement 2026 Regulations. These charts continue to depict the prescribed airspace applicable to the airport however, some terminology shown on charts reflects the 1996 Regulations. For example, references to PANS‑OPS surfaces should now be read as references to TIFPOP surfaces under the 2026 Regulations. The change in terminology does not alter the extent or operation of prescribed airspace depicted. Any future updates to prescribed airspace charts will reflect the modernised terminology within the 2026 Regulations.
What is a controlled activity?
A controlled activity is an activity that, if undertaken, would result in an intrusion into prescribed airspace. Controlled activities are defined under the Act and require approval before they can be carried out. Controlled activities include the following:
- constructing a building, or other structure, that intrudes into the prescribed airspace
- altering a building, or other structure, that intrudes into the prescribed airspace
- any other activity that causes a thing attached to, or in physical contact with, the ground to intrude into prescribed airspace
- an activity that results in air turbulence, where the level of the turbulence caused by an emission from a stack or vent has an upward vertical velocity of 6.1 metres per second at the point of emission (e.g. plumes, etc.) and the turbulence is capable of affecting the normal flight of aircraft operating in the prescribed airspace.
The Regulations further define:
Temporary Controlled Activity—a controlled activity that is not expected to continue longer than 3 months; or that consists of the erection of a building, structure or thing that is not intended to remain in place permanently and can be readily dismantled or removed.
Sensitive Controlled Activity—a controlled activity that if the activity is carried out in relation to primary airspace for an airport.
How do you know you need an approval?
People should contact their relevant LFA to ascertain whether an application for a controlled activity is required.
In most circumstances, the activity you intend carrying out will require an approval by state or local government authorities, while most projects will require the issue of a building permit by the local government (Council).
Local governments in the vicinity of an airport's protected airspace are required to review all building and development applications they receive for any intrusions of protected airspace. These local governments refer proposals to the LFA if an intrusion is likely to occur. The person will then need to apply through the airport operator company for the LFA for approval.
Even if you receive development approval from a local government, a person is not able to commence works which may intrude into prescribed airspace without separate approval under the Regulations. Applications to undertake controlled activities are subject to rigorous assessment processes that are separate and in addition to development approvals that are issued by state, territory or local governments. The Act and Regulations are administered by the department; decisions under the Regulations are only issued by authorised delegates and should not be pre-empted.
People should contact their relevant LFA to ascertain whether an application for a controlled activity is required. LFAs are required to make prescribed airspace charts available to the public. In most cases these charts are also incorporated into the local council's planning information databases. To avoid any doubt, applicants (e.g. developers, builders and crane operators) should check with the airport operator (or their local government) at the earliest possible stage and must not carry out a controlled activity without the necessary approvals under the Regulations.
Approval to operate cranes in protected airspace
Crane operations in the vicinity of an airport have the potential to create air safety hazards and to seriously limit the airport's operations. For this reason, they are required by law to be assessed and approved under the Regulations.
Crane operators should follow normal application processes when needing to seek approval for a controlled activity. Crane operators should contact the LFA at the earliest possible stage and must not carry out a controlled activity without the necessary approvals under the Regulations. Applications to carry out crane operations should be made in writing to the LFA at least 28 days before the proposed activity.
How do you apply?
If you need to apply for a controlled activity, you should first contact your relevant LFA. The LFA is always your first point of contact for applications for controlled activities and can provide you with charts to ascertain what airspace surface your controlled activity intrudes into.
The location of the controlled activity and the surface it is proposed to intrude into will determine which of the application and assessment pathway under the Regulation applies.
The department has made available application forms to apply to undertake a controlled activity:
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However, you should contact the relevant LFA as application forms may be slightly different for each LFA. You should familiarise yourself with the Regulations, including section 12 which prescribes what is required in an application.
All applications must be submitted to the relevant LFA.
Privacy notice
The department collects this information directly from you (or from a person acting on your behalf) when you submit this form and any supporting documents. Collection is authorised by law, including section 12 of the Airports (Protection of Airspace) Regulations 2026 and relevant provisions of the Airports Act 1996.
We collect your personal information for the following purposes:
- to assess whether the proposed activity complies with regulatory requirements for prescribed airspace;
- to undertake consultation required for processing the application; and
- to administer and manage matters relating to airspace protection and regulatory compliance.
If you do not provide the requested information, the department may be unable to assess or determine your application.
The department may disclose your personal information to:
- Airport Operator Companies (AOCs);
- Airservices Australia, CASA, the Department of Defence and other relevant Commonwealth, state, territory or local government agencies;
- technical or specialist advisers engaged in the assessment process; and
- other stakeholders where consultation is required as part of the regulatory assessment.
Information about how the department manages personal information, how you may request access or corrections to your information, and how to lodge a privacy complaint is available in the department's Privacy Policy at: Privacy policy | Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.
The department is unlikely to disclose your personal information to overseas recipients, unless required in relation to a specific application or as part of operational aviation-safety processes. If overseas disclosure were required, it would occur in accordance with the Privacy Act 1988.
Application and Assessment pathways and timeframes
The type of controlled activity and the type of surface the proposed activity determines the application and assessment pathway. The application pathways are:
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The airport operator will conduct the initial assessment of the application in terms of:
- whether the activity results in an intrusion into a primary or secondary surface
- the extent of the intrusion
- the precise location of the development or activity.
The airport operator company can assist you and provide information as to which application pathway is suitable for your proposed controlled activity. Section 12 of the Regulations sets out the details that must be included in an application to undertake a controlled activity.
Once these requirements are met, you can forward your application to the relevant LFA. Paragraph 12(3)(a) of the Regulations states that an application must be accompanied by a copy of an assessment by Airservices Australia, in relation to the activity. Once you have sent your application to the LFA, the LFA will seek an assessment from Airservices Australia. It is anticipated that Airservices Australia's assessment may take approximately six weeks.
Please note that an application is not considered completed and therefore not submitted until all the requirements relevant to the application pathway have been met under the Regulations. This means the decision making period (40 working days) does not begin until all the requirements listed under section 12 of the Regulations, including the LFA receiving Airservices Australia's assessment, have been met.
In practice, an application can be expected to follow an administrative process whereby:
- An applicant provides a controlled activity application that sets out the details specified in section 12 to the LFA.
- The LFA requests an assessment from Airservices Australia.
- Once Airservices Australia provides an assessment to the LFA, all requirements under section 12 have been met and the decision making timeframe will commence.
LFAs will notify the applicant when the assessment period has commenced and the deemed refusal date for the application.
The LFA is required to invite the following organisations to assess or comment on an application:
- the Civil Aviation Safety Authority(CASA)
- the Department of Defence in the case of joint-user airports.
All applications are subject to a rigorous assessment process. Note, if a decision on the application is not made withing the decision making time frame, the application is taken to have been refused.
The Act and Regulations are administered by the department; decisions under the Regulations are only issued by authorised delegates and should not be pre-empted.
Decisions on an application are made authorised delegates. Authorised delegates are an officer or employee of the Airport Operator Company of an LFA or a departmental official whom the Secretary of the department has delegated powers to enable the making of that decision under section 26 of the Regulations. Decisions must be consistent with the requirements of the Act and Regulations.
Sensitive controlled activities and proposed intrusions into primary surfaces
A controlled activity in relation to prescribed airspace is a sensitive controlled activity if the activity is carried out in relation to primary airspace for an airport.
Aircraft operating in primary airspace are configured for, and engaged in, critical stages of flight and cannot readily or safely manoeuvre to avoid obstacles. Intrusions into primary airspace therefore generally present an unacceptable impact on the safety, efficiency or regularity of air transport, hence the need to maintain primary surfaces as obstacle free surfaces to the extent possible.
As such, the Regulations prohibit applications to carry out any intrusion into primary airspace that is not temporary.
Applications to undertake a temporary sensitive controlled activity are subject to a two-stage process.
The first stage is to seek permission to apply for a sensitive controlled activity.
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A person seeking permission to bring forward an application to undertake a sensitive controlled activity must specify one of the following:
- the emergency recovery works, emergency restoration works, or public infrastructure works for which the activity is required; or
- how the activity could be carried out without any significant interference to airport operations; or
- the exceptional circumstances that the applicant believes justify the making of an application.
Seeking permission prior to a full application avoids the costs to the applicant of preparing a complete application, and the costs to the Civil Aviation Safety Authority, Airservices Australia, LFAs and the department of assessing applications when the proposed intrusions do not fall within the limited permissible circumstances.
Once you have received permission, you can proceed to the full application. The process flow chart below outlines the permission, application and assessment process.
Note: To avoid doubt, the fact that permission to bring forward an application has been given, does not pre-empt or affect the ultimate determination of that application by the Secretary (or delegate). The Secretary (or delegate) still has the discretion to ultimately refuse that application.
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Internal review of permission refusal
If permission to bring forward a sensitive controlled activity application is refused, an applicant may request that the department review the decision. If the person would like the decision to be reviewed by the department, the person must make the request in writing before the end of the period of 10 working days beginning on the day after the person was notified of the delegate's decision.
The department must, within a period of 30 working days:
- review the decision; and
- affirm, vary or set aside the decision; and
- if the departmental delegate sets aside the decision—make a new decision in substitution for the decision set aside.
If permission is granted to apply to undertake a sensitive controlled activity, an applicant may bring forward an application.
Controlled activities into secondary surfaces
The application process for controlled activities into secondary surfaces is similar to the application process for sensitive controlled activities. The difference being that an applicant does not need to seek permission to bring forward an application.
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Further information
For further information please contact your relevant airport operator or the department's Airspace Protection team via:
Email: flysafe@infrastructure.gov.au
Phone: 02 6136 6800