The Airports Amendment Act 2018 came into effect on 28 September 2018.

The amendments streamline certain administrative arrangements relating to master plans (MPs) and major development plans (MDPs) to offer a more flexible, proportionate, efficiency-based regulatory approach.

The Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts recognises airport-lessee companies are now well experienced in drafting MPs and MDPs and the basic concepts and requirements for the planning documents are well established and understood by airport-lessee companies.

The below guidelines were developed in 2018 to assist airport-lessee companies address the implementation of the new requirements to the Airports Act 1996 as a result of the Airports Amendment Bill 2018 coming into effect.

Airport planning

All leased federal airports (except for Tennant Creek and Mount Isa), including Western Sydney International (Nancy-Bird Walton) Airport, are subject to a land-use planning framework outlined in the Airports Act 1996.

As part of the planning framework, airports are required to prepare a Master Plan that incorporates an Airport Environment Strategy. The Master Plan is a 20-year strategic vision for the airport site which is renewed on a five-yearly or eight-yearly cycle, depending on the airport. The Master Plan outlines a variety of matters, including future land uses, types of permitted development, and noise and environmental impacts.

The Airport Environment Strategy sets out the airport's strategy to manage environmental issues within the five-year or eight- year initial period outlined in the Master Plan, and beyond. It is the basis on which the Australian Government measures the environmental performance of airports and the document by which airport tenants will determine their environmental responsibilities.

In developing their Master Plans, airports must publish a Preliminary Draft Master Plan and invite public comment.

Following public consultation, the airport must then submit a Draft Master Plan to the Minister for Infrastructure, Transport, Regional Development and Local Government, for a decision. The Minister must either approve or refuse to approve the Draft Master Plan. If the Minister neither approves nor refuses to approve the Draft Master Plan within 50 business days from receiving all the necessary documents and information, the Minister is taken to have approved the Draft Master Plan.

In addition, all leased federal airports (except for Tennant Creek and Mount Isa Airports) are required to develop a Major Development Plan for major airport developments on the airport site. A draft version of the Major Development Plan must undergo public consultation before being submitted to the Minister for Infrastructure, Transport, Regional Development and Local Government for a decision.

The below guidelines were developed in 2012 to assist airport-lessee companies in understanding consultation requirements for Master Plans and Major Development Plans under the Airports Act 1996:

As part of the master planning process, an Australian Noise Exposure Forecast (ANEF) must be prepared for leased federal airports. The ANEF is submitted to the Minister alongside the Draft Master Plan. Under the Airports Act 1996, these ANEFs are required to be endorsed in a 'manner' approved by the Minister. The current "manner of endorsement" was approved in April 2017.

Further information on ANEF endorsement processes is available on the Airservices Australia website.

Airport Master Plans (Airports Amendment Act 2010)

Following the Airports Amendment Act 2010, the department produced a guide to assist airport‑lessee companies to understand and comply with the updated requirements of the Airports Act 1996 for Master Plans.

These guidelines below outline the objectives of the master plan amendments and explain how the changes to airport master planning complement other airport planning initiatives and legislative requirements:

Airports Major Development Plans

Under section 89 of the Airports Act 1996, all leased federal airports, excluding Mount Isa and Tennant Creek, are required to develop and submit for the Minister's approval Major Development Plans (MDP) for specific types of development, as well as for developments that exceed certain thresholds. These developments are known as major airport developments.

This includes, alongside other specific developments outlined in section 89 of the Airports Act 1996, proposals to construct:

  • a new runway, extend or alter an existing runway, an exempt sensitive development, or those that are likely to significantly affect the community and environment (these developments require approval irrespective of construction cost or building footprint).
  • a passenger terminal, or extend a passenger terminal (these are subject to approval depending on building footprint)
  • a building that is not for use as a passenger terminal, a new or extended taxiway, a new or extended road or vehicular access facility, and a new or extended railway or rail handling facility (these require approval where the cost of construction exceeds a specified monetary threshold, which is currently $25 million).

Sensitive developments such as educational institutions (excluding aviation training facilities), hospitals, residential dwellings and community care facilities are prohibited, unless by Ministerial exception under section 89A of the Airports Act 1996.

The Airports (Major Airport Developments) Determination 2021, which came into force in March 2021, provides clarity around what costs of construction are included and excluded in the monetary threshold.

All airport developments (including major airport developments) must be consistent with approved Master Plans for each airport.

Community impact guide

The Airports Amendment Act 2010 commenced on 18 December 2010. These amendments also included a new Major Development Plan 'trigger' that is activated by any development on leased federal airport land that is likely to have a significant impact on the local or regional community, regardless of size or cost (the 'community impact trigger').

The below guidelines were developed to provide greater detail on development factors that may require the consultation and scrutiny of a Major Development Plan process as a result of the new community impact trigger:

Airport consultation and community engagement

Airports engage with a range of stakeholders through Community Aviation Consultation Groups (CACGs) and Planning Coordination Forums (PCFs). These groups were established in 2011.

Community Aviation Consultation Groups (CACGs)

CACGs provide for effective consultation with members of the local community. While they are not decision-making bodies, CACGs aim to facilitate constructive and open discussion about airport operations and their impacts on nearby communities.  All leased federal airports (except Mt Isa and Tennant Creek) operate CACGs or equivalent bodies.

Membership of most CACGs is by invitation only and generally consists of representatives from the airport, federal and state governments, Airservices Australia, and local communities. In some cases, local government, Defence and/or the Civil Aviation Safety Authority (CASA) may also be present or invited. The CACG Chair is usually independent of the airport.

The department has developed:

Planning Coordination Forums (PCFs)

PCFs provide for consultation between airport operators and senior local, state and federal government authorities responsible for town planning, transport and infrastructure investment. Effective discussions in PCF meetings support better integration of planning for the airport with the surrounding urban and regional communities. All major capital city airports, and some secondary airports, operate PCFs.

Membership of PCFs is by invitation only and generally consist of representatives from the airport, federal, state and local governments, and Airservices Australia. In some cases, Defence and/or CASA may also be present or invited. The PCF Chair is usually a senior airport representative.

The department has developed:

Review of airport consultative arrangements

In 2015, following a recommendation by the Productivity Commission, the department commissioned an independent review of leased federal airport consultative arrangements. The review found that CACGs and PCFs are generally well supported by their participants and the groups are considered effective in meeting their stated aims. However, the review also recognised that one size does not fit all in relation to airport consultative arrangements, and the final report made recommendations that encouraged flexibility in airports' approaches to community consultation.

In late 2016, the department broadened its expectations relating to leased federal airport consultative arrangements. Airports are now expected to tailor their consultation activities to suit the specific needs of their stakeholders. Where existing CACG and PCF arrangements are working effectively, airports may elect to continue to rely on these established groups.  Alternatively, or in addition, airports may choose to undertake a range of other consultation activities as considered appropriate.

Airport regulation

All leased federal airports, including Western Sydney International (Nancy-Bird Walton) Airport, are subject to the following regulations:

Certain leased federal airports are subject to further regulations:

  • Economic Regulation which includes reporting on the prices charged for aeronautical services and facilities, financial statements and quality of service information (Brisbane, Melbourne, Sydney and Perth Airports)
  • The Parking Infringement Notices Scheme (Brisbane, Gold Coast, Hobart, Launceston, Melbourne, Perth, Sydney and Townsville Airports)
  • Administration of the Liquor Licensing Regime (Sydney, Bankstown and Camden Airports)
  • The Slot Management scheme (Sydney Airport)
  • Curfews (Adelaide, Sydney, Gold Coast and Essendon Airports)

Airport Management Agreements

Airport Management Agreements (AMAs) allow airport-lessee companies to enter into agreements with qualified companies who are in a position to exercise control over substantial parts of airport land. Further information is available in section 33 of the Airports Act 1996.

Relevant legislation and regulations

The following legislation and regulations are relevant to the planning and regulation of leased federal airports:

  • Airports Act 1996
  • Airports Regulations 2024
  • Airports (Building Control) Regulations 1996
  • Airports (Control of On-Airport Activities) Regulations 1997
  • Airports (Environment Protection) Regulations 1997
  • Airports (Ownership) Regulations 2024
  • Airports (Protection of Airspace) Regulations 1996
  • Sydney Airport Demand Management Act 1997
  • Sydney Airport Demand Management Regulations 1998

Further environmental regulations

  • Environment Protection and Biodiversity Conservation Act 1999
  • National Environment Protection Council Act 1994
  • National Environment Protection Measures
  • Industrial Chemicals Environmental Management (Register) Instrument 2022

(the Department of  Climate Change, Energy, the Environment and Water administers this legislation)

Curfew legislation and regulations

The following legislation and regulations are relevant to airport curfews:

  • Adelaide Airport Curfew Act 2000
  • Sydney Airport Curfew Act 1995
  • Sydney Airport Curfew Regulations 2023
  • Air Navigation (Gold Coast Airport Curfew) Regulations 2018
  • Air Navigation (Essendon Fields Airport) Regulations 2018

The most recent versions of these Acts and Regulations can be found at the Federal Register of Legislation.

Aircraft noise

Links to airport environment, safety, and planning sites

Australia

Overseas

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