Modernising Airspace Protection Public Consultation Paper

The Department of Infrastructure and Regional Development, in consultation with the Civil Aviation Safety Authority (CASA), Airservices Australia (Airservices) and the Department of Defence (Defence), has developed three proposals to modernise airspace protection in Australia:

• Proposal 1 modernises the Airports (Protection of Airspace) Regulations 1996 applicable to leased Federal airports, and repeals legacy regulations applicable to some leased Federal airports under the Civil Aviation Act 1988 (CA Act) to avoid regulatory overlap
• Proposal 2 suggests a regulatory framework for the protection of the national communications, navigation and surveillance (CNS) network under the Civil Aviation Act to improve protection from incompatible off-airport developments which can hinder the safe operation of CNS facilities
• Proposal 3 considers options to better mitigate the hazards to aircraft flying beyond aerodromes

Proposal 1 includes some important changes:

• Prescribed airspace will now include radar terrain clearance charts (RTCC) and building restricted areas associated with CNS  facilities on and off airport, and OLS will now be in accordance with MOS 139 (rather than ICAO Annex 14) 
• The declaration process will be strengthened with a requirement for a comprehensive consultation process
• Airport operators will be required to publish the details online in GIS data format and may include charts, maps and building height limits
• The timeframe for submission of an application for a controlled activity would be 90 days prior to lodgement of a Development Application (DA).
  The DA should include the approval of the application for intrusion, which should expedite the State, Territory or Local government approval process.
  This is particularly important for multi-storey residential developments, and such applications for intrusion must include cranes.

Proposal 3 foreshadows some important changes in its key outcomes:

• Ensure visual markers are provided on power lines, overhead cables and transmission lines, and other inconspicuous objects
• Mandate marking and lighting of wind turbines under the Civil Aviation Act in accordance with Annex 14 of the Convention on International Civil Aviation
• Mandate the provision of a safety case and an aviation impact statement with all wind farm proposals to facilitate assessment by Airservices

The Department invites aviation industry and public comments on the consultation paper by close of business Tuesday, 28 February 2017.

Further information about the Public Consultation Paper is available on the Department website.

For further information about how these changes might affect your airport or proposed development, contact us.