AIR SERVICES (AIRCRAFT NOISE) AMENDMENT BILL 2011

i Air Services (Aircraft Noise) Amendment Bill 2010 No. , 2010

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Aircraft noise

Air Services Act 1995

Environment Protection and Biodiversity Conservation Act 1999

Air Services (Aircraft Noise) Amendment Bill 2010 No. , 2010

A Bill for an Act to amend the Air Services Act

1995, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Air Services (Aircraft Noise)

Amendment Act 2011.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Air Services (Aircraft Noise) Amendment Bill 2010 No. , 2010

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1,

item 9

A single day to be fixed by Proclamation.

A Proclamation cannot be made unless the

Minister is satisfied that funds have been

appropriated for the purpose of paying the

salary and associated costs of the

Community Aviation Advocate.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in Column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Aircraft noise Schedule 1

Air Services (Aircraft Noise) Amendment Bill 2010 No. , 2010 3

Schedule 1--Aircraft noise

Air Services Act 1995

1 Paragraph 8(1)(d)

After "environment", insert "and residential areas".

2 Subsection 9(2)

Omit "the environment is", substitute "the environment and residential

areas are".

3 Section 10

Repeal the section, substitute:

10 AA must consult and cooperate

(1) In the performance of its functions and the exercise of its powers,

AA must, where appropriate, consult with government,

commercial, industrial, consumer, aircraft noise, community and

other relevant bodies and organisations (including ICAO and

bodies representing the aviation industry).

(2) During consultations, AA must advise other parties of how they

can make a complaint about AA's conduct, if they so wish. This

advice must include that AA is within the jurisdiction of the

Commonwealth Ombudsman.

(3) AA must widely publish the details of its consultations, both before

and after they occur.

10A Consulting with communities

General

(1) Where AA has decided to propose changes in the management of

flight paths or airspace which would have, or be likely to have, any

impact on the environment or individuals' enjoyment of their place

of residence, AA must:

(a) arrange for consultations on the proposal under section 10;

and

Schedule 1 Aircraft noise

4 Air Services (Aircraft Noise) Amendment Bill 2010 No. , 2010

(b) advise the Minister responsible for the Environment

Protection and Biodiversity Conservation Act 1999 of the

consultations; and

Advocate to represent the affected parts of the community

during the consultations.

Consultation in relation to Perth flightpaths

(2) As soon as practicable after the Air Services (Aircraft Noise)

Amendment Act 2011 receives the Royal Assent, AA must propose

a plan for the management of flight paths relating to Perth, which

may be either the current plan or a changed plan.

(3) The proposal is taken to be a proposal to which subsection (1) and

section 10 apply.

4 After paragraph 13(a)

Insert:

(ab) the need to minimise the impact of aircraft operations on the

environment and residential areas;

5 Paragraph 22(1)(d)

Repeal the paragraph, substitute:

(d) between 6 and 8 other members.

6 After subsection 22(5)

Insert:

(6) The Board must include an expert in environmental management

and a representative of an aircraft noise or related community

group.

7 After section 74

Insert:

74A Complaints reporting

(1) In its annual report, AA must provide detailed commentary on

complaints made in relation to its conduct.

Aircraft noise Schedule 1

Air Services (Aircraft Noise) Amendment Bill 2010 No. , 2010 5

(2) The commentary must cover the efficiency and effectiveness of

AA's handling of complaints.

(3) The commentary must cover the transfer of information and

complaints between AA and the Commonwealth Ombudsman.

Environment Protection and Biodiversity Conservation Act

1999

8 Paragraph 160(2)(b)

After "environment", insert "or individuals' enjoyment of their place of

residence".

9 After section 160

Insert:

160A Community Aviation Advocate

(1) Where the Minister receives advice under section 10A of the Air

Services Act 1995 that Airservices Australia is proposing changes

in the management of aircraft noise or airspace which would have,

or would be likely to have, a significant impact on the environment

or individuals' enjoyment of their place of residence, or forms this

opinion through other means, the Minister must appoint a

Community Aviation Advocate in relation to these changes.

(2) The role of the Community Aviation Advocate is to assist, inform

and advocate on behalf of the parts of the community likely to be

affected by the proposed changes in subsection (1).

(3) The Community Aviation Advocate must be independent of

aviation interests.

(4) The duties, duration and basis of appointment, and remuneration of

the Community Aviation Advocate must be commensurate with the

work required in fulfilling the Advocate's role.

Commonwealth of Australia Bills

AIR SERVICES (AIRCRAFT NOISE) AMENDMENT BILL 2011