Many developers and crane operators planning to erect buildings/structures and/or operate cranes in the vicinity of a leased federal airport over the past 30 years will have interacted with the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (as it’s currently called) through the relevant airport representatives, in seeking approval to carry out their proposal according to the requirements of the Airports (Protection of Airspace) Regulations 1996.
These regulations, intended to establish a system for the protection of airspace at, and around, airports in the interests of the safety, efficiency or regularity of existing or future air transport operations into or out of airports, are due to expire and be replaced on 1 April 2026.
The good news is that the new regulations, now formally made and just posted on the Federal Register of Legislation, include some sensible changes, such as extension of the defined term ‘temporary controlled activity’ to allow for the erection of a building, structure or thing that is not intended to remain in place permanently and can be readily dismantled or removed, in lieu of a strict 3 month limit.
An example of a building, structure or thing is a tent, concrete pump, crane or elevated work platform.
There is some new terminology:
- airspace is defined as ‘primary’ or ‘secondary’ according to whether it is above a ‘primary surface’ or ‘secondary surface’
- a ‘sensitive controlled activity’ is a controlled activity related to primary airspace for an airport, with a distinction between on and not on the airport site
- ‘TIFPOP surface’ means terminal instrument flight procedure obstacle protection surface.
There is consideration of controlled activities on terrain that intrudes into secondary airspace, and there is a new requirement to apply for permission to apply for approval (yes – you need permission to apply) to carry out a sensitive controlled activity.
Transitional provisions allow for continuation of applications made under the previous regulations.
The revised regulations potentially provide an opportunity for reconsideration of previously problematic circumstances.
To view the new regulations, click here.
If you need help to solve a complex aviation problem, or to find out more about Aviation Projects’ aviation safeguarding services, contact us.
Tags: Airspace Protection, Airport Regulations, Obstacle Limitation Surface, Aerodromes, Airports, Aviation Projects, Aerodrome Safeguarding
