Have your say on the exposure draft Airports (Protection of Airspace) Regulations 2026 that protect the airspace at, and around, Leased Federal Airports.
Why we want your input
The purpose of this consultation is to allow regulated entities, peak bodies, the general public and other stakeholders an opportunity to provide detailed comments and advice on how the Regulations will work in practice.How you can voice your opinion
Please upload your submission by using the 'Have your Say' button.What will be the outcome of this consultation?
Your submission will help inform the finalisation of the Airports (Protection of Airspace) Regulations 2026 prior to the existing Regulations expiring on 1 April 2026.The Issue
The Airports (Protection of Airspace) Regulations 1996 (the 1996 Regulations) are due to expire on 1 April 2026. The Regulations establish a system for the protection of airspace at and around Leased Federal Airports in the interest of safety, efficiency or regularity of existing and future air transport operations into and out of airports. The Regulations also provide a mechanism to assess proposals for, and manage intrusions into, prescribed airspace.
Regulations expire after a fixed period under the Legislation Act 2003 so they remain fit-for-purpose and only in force for as long as required. The department has undertaken targeted consultation with the Civil Aviation Safety Authority, Airservices Australia and Leased Federal Airports, in developing the exposure draft Regulations. This exposure draft consultation represents a final opportunity for the department to consult on an advanced version of the Airports (Protection of Airspace) Regulations 2026 and allow public comment or further advice from agencies, entities or Leased Federal Airports.
Since privatisation of the Leased Federal Airports in Australia between 1997 and 2003, there have been changes in the legislative and operating environments without significant reforms to the 1996 Regulations. The legislative and operating environments have matured and evolved, and in April 2025, the International Civil Aviation Organization (ICAO) introduced amendment 18 to the Annex 14 (Volume I) Standards and Recommended Practices (SARPs) for establishing the Obstacle Limitation Surface (OLS) and for managing intrusions into prescribed airspace.
ICAO's amendment 18 to the Annex 14 (Volume I) SARPs will result in an overall reduction in the volume of airspace that is protected, reducing regulatory burden for those areas, whilst also commensurately strengthening the protections for existing and future aircraft operations into and out of airports, particularly during critical stages of flight. The ICAO changes recognise that aircraft cannot easily adapt to obstacles during critical stages of flight. Therefore, the observed or expected performances of aircraft operating into, out of, and within the vicinity of aerodromes is a key consideration in ensuring the ongoing safety of air transport operations. The objects of the ICAO changes are to preserve the airspace necessary for existing and future/intended visual and instrument air transport operations at an aerodrome, and to differentiate obstacle requirements according to the effect of obstacles on the safety, efficiency or regularity of air transport operations. Australia undertakes to be in-line, as much as possible, with ICAO regulations.
Effective airspace management, including through the Regulations, is fundamental for ensuing safety outcomes. Intrusions into prescribed airspace may introduce hazards that erode the margin for operational error and deviate from agreed international standards, as implemented in Australia, thereby creating direct or indirect impacts to aviation safety.
As such, the Airports (Protection of Airspace) Regulations 2026 have been drafted to:
- ensure a fit-for-purpose regulatory regime with a continued focus on the safety, efficiency or regularity of air transport operations into and out of Leased Federal Airports
- be in accordance with ICAO's Annex 14 aims and objectives for safety, efficiency or regularity of existing and future air transport operations
- provide continued safe, efficient or regular air transport operations that enhance existing and future aviation networks and support a sustainable aviation sector, and
- streamline and improve the efficiency of assessment and decision-making processes for applications to undertake an activity that may result in an intrusion into prescribed airspace.
We are seeking feedback from stakeholders, industry and anyone with an interest in this matter. Your submission will help us finalise the updated regulations for consideration by the Australian Government, ahead of the expiration of the 1996 regulations on 1 April 2026.
Relevant documentation
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02 Dec 2025 09:00 AEDT
05 Jan 2026 23:59 AEDT
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We invite you to tell us your views on this topic.
Please include:
- contact name
- organisation name, if applicable
- contact details, including telephone number, postal and email addresses
- confirmation whether or not your submission can be made public—published—or kept confidential.
All submissions to be made public need to meet the Digital Service Standard for accessibility. Any submission that does not meet this standard may be modified before being made public.
If your submission is to be made public, please ensure you do not include any personal information that you don't want to be published.
If your submission is confidential, please ensure each page of the submission is marked as confidential.
Please click on the 'Have your say now' button below to upload your submission. If you have any queries regarding the consultation, please email notifyAPAR@infrastructure.gov.au.
Privacy Collection Notice
Airports (Protection of Airspace) Regulations 2026—Exposure Draft
Your submission, including any personal information supplied, is being collected by the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts ("the department") in accordance with the Privacy Act 1988.
Use
The department may use your submission to ensure the Regulations are clear, practical, and reflect current and future needs along with identifying any unintended impacts before the Regulations are finalised.
Disclosure
The department may disclose your submission to other Commonwealth agencies for the purpose of ensuring the remade Regulations provide for the protection of airspace at and around Leased Federal Airports in the interest of the safety, efficiency and regularity of existing or future air transport operations into or out of airports. The Regulations intersect with responsibilities across multiple agencies and disclosure of a submission would occur to enable informed decision making and ensuring any proposed changes align with broader government policies and obligations.
The department may also publish your submission as explained below. Otherwise, your submission will not be disclosed unless authorised or required by law.
Contacting you
The department may use your contact information to make further contact with you about your submission and the consultation process.
Publication
Unless marked confidential (see below) submissions (including the author's name) may be published in part or full on the department's website or in any public response by the department. When publishing, the department will redact any personal contact details of the author.
Confidentiality
Confidential submissions will not be published and will only be disclosed in the following circumstances:
- in response to a request by a Commonwealth Minister.
- where required by a House or a Committee of the Parliament of the Commonwealth of Australia.
- where necessary in the public interest, or
- where authorised or required by law.
Submissions will only be treated as confidential if they are expressly stated to be confidential. Automatically generated confidentiality statements or disclaimers appended to an email do not suffice for this purpose. If you wish you make a confidential submission, you must indicate this by ensuring your submission is clearly marked confidential. Even if a submission is not marked confidential, the department may choose not to publish it, or any part of it, in the department's discretion (for example where it includes personal information or opinions about a third party).
Access
The department will securely store your personal information and the department's privacy policy contains information regarding complaint handling processes and how to access and/or seek correction of personal information held by the department. Further information is available on our Privacy page.