General questions
Q: What measures exist to protect the environment at leased federal airports?
A: The Airports Act 1996 provides a system for regulating the Commonwealth's 22 leased federal airports. This includes regulating environmental management at 20 of the Airports. The Airports Act also provides that for each of the 20 core and prescribed airports there is to be a final Master Plan that includes an airport environment strategy approved by the responsible Minister. The Airports (Environment Protection) Regulations are made under Part 6 and section 252 of the Airports Act. These Regulations detail general duties of Airport Lessee Companies their tenants and other operators at the airports. The Airports (Environment Protection) Regulations provide for Airport Environment Officers to be appointed as authorised officers to regulate environmental management. They further set procedures and standards to be employed in determining the level and impact of air, water and soil pollution and excessive ground-based noise.
The Airports Act and the Airports Regulations 2024 set out in detail content requirements of an airport environment strategy; environmental standards; the monitoring and reporting regime and the enforcement provisions for environmental matters specified in the Airports Act and Airports (Environment Protection) Regulations.
Q: When must Airport Lessee Companies provide the Minister for Infrastructure with a draft Master Plan Airport Environment Strategy for approval?
A: Airport Lessee Companies must submit a draft Airport Environment Strategy as part of the draft Master Plan before the expiry of the old plan. The proposed Airport Environment Strategy must relate to either the first five, or first eight, years of the Master Plan.
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 states that a preliminary draft Airport Environment Strategy, must be available for public comment for a period of 60 business days prior to it being submitted to the Minister for consideration.
Q: Once an Airport Environment Strategy is in place, how does the department monitor whether the commitments contained within the strategy are being honoured?
A: Under the Airports (Environment Protection) Regulations, an Airport Lessee Company with an approved Airport Environment Strategy in place as part of its Master Plan, is required to provide an Annual Report to the Secretary of the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts, made against the commitments contained within the Airport Environment Strategy. Compliance is also routinely monitored by the department's Airport Environment Officers.
Section 83A of the Airports Act requires Airport Lessee Companies to take all reasonable steps to comply with their Airport Environment Strategy. Where it does not do so, the department may seek an injunction to require the Airport Lessee Company to comply. If an Airport Lessee Company is unable to meet its Airport Environment Strategy targets, it may seek a variation of the Airport Environment Strategy target in accordance with the requirements for seeking a minor variation to the Master Plan, under section 95 of the Airports Act.
Q: The Airports (Environment Protection) Regulations provide a general duty that protects the environment from harm in relation to pollution and excessive noise. How is it determined whether that general duty has been breached?
A: The general duty is deemed to have been breached if a substance or noise is emitted above a level set in the air, water, soil or noise schedules in the Airports (Environment Protection) Regulations. These regulations also define what is considered air pollution, water pollution, soil pollution and offensive noise.
Q: What other Commonwealth environment legislation, guidelines and standards apply at airports regulated under the Airports Act 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, along with the national environment protection measures made under the National Environment Protection Council Act 1994, IChEMS Minimum Standards and the PFAS National Environmental Management Plan, apply at leased federal airports. The Department of Climate Change, Energy, the Environment and Water administers these pieces of legislation, standards and guidelines.
Q: What is the role of the Airport Environment Officer?
A: Airport Environment Officers are appointed by the department to oversee and monitor the compliance of Airport Lessee Companies, their tenants and other operators of undertakings against their duties under the Airports (Environment Protection) Regulations.
Under the Airports (Environment Protection) Regulations, Airport Environment Officers have various powers to take regulatory action when non-compliance with the environmental provisions of the Airports Act, or with the Airports (Environment Protection) Regulations, is suspected or occurs.
Further information
Q: How does the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts appoint Airport Environment Officers?
A: Airport Environment Officers are employees or contractors of the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts. They are selected through standard departmental recruitment processes and are required to hold qualifications and experience suitable for the day to day oversight of the operation of the Regulations. The Regulations detail the qualifications and experience required for an individual or corporation to be appointed.
Q: How can I contact an Airport Environment Officer?
A: You may find Airport Environment Officers' contact details at: https://www.infrastructure.gov.au/infrastructure-transport-vehicles/aviation/airports/airport-planning-regulation/airport-environmental-management/contacts.
Sydney (Kingsford-Smith) Airport, Sydney West Airport, Melbourne (Tullamarine) Airport, Brisbane Airport and Perth Airport have 5-year Master Plan period. All other core and prescribed airports have an 8-year Master Plan period.