Environmental aspects of airspace changes
Introduction
Under both the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and the Civil Aviation Act 1988, the OAR is required to ensure that proposed changes to airspace adequately consider environmental implications. In order to achieve this, the OAR considers environmental implications and environmental business risk at each stage of the airspace change decision making process.
Section 9A of the Civil Aviation Act states that:
CASA must exercise its powers and perform its functions in a manner that ensures that, as far as is practicable, the environment is protected from:
- the effects of the operation and use of aircraft; and
- the effects associated with the operation and use of aircraft.
EPBC Act Outline
The EPBC Act ensures the protection of the environment, particularly matters of National Environmental Significance (NES).
The matters of NES under the EPBC Act which must be considered in all cases of airspace change are:
- listed threatened species and communities,
- migratory species protected under international agreements,
- Ramsar wetlands of international importance,
- Commonwealth marine areas,
- World Heritage properties,
- National Heritage places, and
- nuclear actions.
The Protected matters search tool on the website of the Department of the Environment, Water, Heritage and the Arts allows you to search for protected matters dependant on location.
Any proposal for airspace change that is likely to affect the environment (in particular matters of NES) to a significant extent must be referred to the Department of the Environment, Water, Heritage and the Arts for assessment under the EPBC Act.
For more information about the EPBC Act, refer to the Department of the Environment, Water, Heritage and the Arts website.
Assessment of Environmental Implications
Factors that are considered within the scope of environmental assessment include, but are not limited to, aircraft noise, privacy and visual intrusion, vibration, emissions, interactions with wildlife, impact on people and communities, threatened species, migratory species, Ramsar wetlands, Commonwealth marine environment, World Heritage properties, National Heritage Places and National Parks.
The environmental assessment process involves a number of steps:
- Identifying whether the airspace change has any environmental implications.
- If the OAR determines that there are no environmental implications, the proposal receives environmental clearance.
- If the OAR determines that there are environmental implications, the proponent is asked to complete an Environmental Implications Form (Form 080).
- The completed Form will then be used by the OAR to determine whether an ACP should be referred to the Department of the Environment, Water, Heritage and the Arts for approval.
Please review the information here prior to completing an Environmental Implications Form (Form 080). Contact the OAR for further guidance if required.
Fly Neighbourly Agreements
A Fly Neighbourly Agreement (FNA) is a voluntary code of practice negotiated between aircraft operators and communities or authorities that have an interest in reducing the disturbance caused by aircraft within a defined area. FNAs were introduced in Australia in 1994 as a tool to reduce the effects of aviation on environmentally sensitive areas within uncontrolled airspace. FNAs are in use in other parts of the world for similar reasons. The development of a FNA is facilitated by the OAR. Click here for further information on FNAs.
Examples of FNAs are:
- Kakadu National Park,
- Blue Mountains National Park, and
- Moorabbin Training Area.