Aviation Safety and State Planning Provisions

NEW PLANNING POLICY CHANGES

Last Wednesday, the Victorian Government introduced State-wide changes to planning policy for airports and airfields

The controls, which emphasise aviation safety, apply not only to major Melbourne metropolitan airports, but to every airstrip or landing field in Victoria. Farmers and agricultural communities, regional and country air operators, airfield owners and operators as well as commercial and private pilots could be affected along with regional and country Councils.

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VC218

Amendment VC218 (18 May 2022) introduced significant changes to all Victorian Planning Schemes in regard to Objective and Strategiesfor Airports and airfields.  It firmed up the Objectives from facilitation to guiding and safeguarding the ongoing safe and efficient operation of airports and airfield.

The Strategies now include specific provisions for the protection of airports and airfields from incompatible land use and development. They seek to prevent land use or development that poses risks to the safety or efficiency, including a series of particularised risks:

• Building-generated windshear and turbulence.
  • Increased risk of wildlife strike.
  • Pilot distraction from lighting.
  • Intrusion into protected airspace.
  • Interference with communication, navigation and surveillance facilities;
  • Increased risk to public safety at the end of runways.

Specific noise provisions are now included both within and without the Melbourne metropolitan Urban Growth Boundary.  They emphasise ensuring that land use and development at airports and airfields contributes to the aviation needs of the state and the efficient and functional operation of the airport and airfield. Policy is specific as to planning for areas around airfields so that land use or development does not prejudice future operations and that  land use decisions are integrated, with appropriate land use buffers in place. There is attention to allied airport businesses.  Each of the major airports in and close to Melbourne has now a unique strategic identifier.  For example, Melbourne abd Avalon airports are identified as a ‘domestic and international airport with no curfew, 24-hour access, freight capability and an adjoining employment precinct’.   Melbourne airport is distinguished as a ‘major’ airport.  Essendon and Moorabbin airports are each identified as a ‘general aviation airport that is an important regional and state aviation asset’, with each again have a tailored descriptor.   Point Cook airfield is identified as ‘an operating airport complementary to Moorabbin Airport’. 

CASA

The Commonwealth Civil Aviation and Safety Aviation Authority (CASA) has particular regulatory powers in regard to what are called ‘certified aerodromes’. These are aerodromes for which the operator holds an aerodrome certificate under Part 139 of the Civil Aviation Safety Regulations 1998 (Cth). However, CASA also retains broad powers as to safety for all aerodromes, including small airfields and landing strips.

CASA must exercise its functions and powers ‘in a manner consistent with the Australian Airspace Policy Statement approved by the Federal Minister last in 24 November 2021 to include ‘Safety’ as the first of the ‘Government Policy Objectives’ that states:

‘Safety of air navigation is an integral part of airspace administration. The Government expects that CASA should respond quickly and appropriately to any change in risk levels for air navigation to ensure safety outcomes for all aviation participants, including through collaboration with industry…’ (Cl 8. AAPS)

Kellehers will watch with interest as to the evolution of these Commonwealth powers and State Planning controls, particularly as they interact with local Council planning, community and economic development policies, incentives and controls.

KELLEHERS AUSTRALIA PTY LTD

23 May 2022

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This fact sheet is intended only to provide a summary and general overview on matters of interest. It does not constitute legal advice. You should always seek legal and other professional advice which takes account of your individual circumstances.