Janet Rice (Victoria, Australian Greens) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to table an explanatory memorandum relating to the bill.

Leave granted.

I table an explanatory memorandum and I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

I introduce this bill to the Senate in response to community voices across Australia who seek to protect the liveability of their neighbourhoods from the detrimental effects of aircraft noise.

In my work on transport issues in this place, I have heard from a range of communities living both near airports and also further away under flight paths, who are experiencing significant aircraft noise which is impacting their quality of life.

In their efforts to gain action in response to problematic aircraft noise, community members and groups have raised with me their frustration at the lack of clarity when it comes to which authority (or authorities) is responsible for response and action.

The rules that govern flight paths and community consultation are written for businesses and operators, not for the communities that live with aircraft noise every day. Communities currently have very limited recourse beyond seeking voluntary agreements with aircraft operators known as 'Fly Neighbourly Agreements', which have proven effective in some, but not all, situations.

This bill reflects a similar piece of legislation introduced to the other place by the Member for Melbourne, in response to issues his constituents have faced over many years with concentrated aircraft noise over residential areas.

As the Member for Melbourne noted when introducing that bill, his constituents had attempted to work within the current law over a long period to seek responses and action to resolve the significant disruptions to their amenity.

This bill echoes some specific provisions of the bill introduced in the other place, that are included in response to the particular issues faced by residents of Melbourne in my home state, who reside in areas which are particularly affected by the noise arising from acute circumstances of high intensity flights of small aircraft in uncontrolled airspace.

I have regularly raised a range of noise and amenity issues in Senate Estimates to attempt to get answers on how issues can be resolved and how communities can secure meaningful responses to their concerns.

What is clear is that we need legislative change to clarify responsibility and affirm meaningful community consultation and involvement in the processes that lead to aircraft noise impacts on residents.

In introducing this bill, I seek to clarify the responsibilities of federal agencies so that when it comes to aircraft noise, communities have a voice.

This bill amends the Air Services Act 1995 to do a number of things. It will include in the functions of Airservices Australia (AA), the protection of community amenity and residential areas from the effects of the operation and use of aircraft.

It will also require AA to consult and cooperate with communities when modifying or creating flight paths.

It will require AA to provide a mechanism for complaints during the consultation process and require that AA publish details of consultations.

The bill also provides for the establishment of an independent Aircraft Noise Ombudsman; to receive, examine, resolve and report on complaints and issues that arise from flight paths and aircraft noise related matters.

The bill also amends the Environment Protection and Biodiversity Conservation Act 1999 to require the minister to appoint a Community Aviation Advocate when changes in the management of aircraft noise or airspace have, or would be likely to have, a significant impact on the human or natural environment, community amenity or residential areas.

As was noted by the member for Melbourne when introducing his similar bill, this bill includes several aspects of a previous private member's bill, introduced to the other place in 2011 by the then Member for Pearce, the Hon. Judi Moylan MP. I also want to acknowledge the former member for her work.

I also acknowledge that other senators have raised aircraft noise and amenity matters on behalf of their constituencies during Estimates and in other fora. I seek their support, and the support of the Senate, for this bill.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.