In 2004, the Department of Transport and Regional Services did not have an agreed assurance framework with the Civil Aviation Safety Authority for assessing the safety information in draft major development plans. This increased the risk of plans being approved with incorrect dimensions for runway facilities and obstacle limitation surfaces.
The safety issue was raised for a point in time in 2004 and not reflective of contemporary practices. The ATSB is satisfied that the arrangement established by the Department will ensure that advice on the safety and operational aspects of an airport draft major development plan will be provided by the Civil Aviation Safety Authority and Airservices Australia. This will reduce the potential for plans being approved with incorrect safety information affecting whether approvals are required under Part 12 of the Airports Act for buildings around an aerodrome.
As a result of this investigation, the Department of Infrastructure, Transport, Regional Development and Communications advised the ATSB on 13 February 2020, that the following safety action had been taken:
The Airports Act 1996 (the Act) establishes the requirements for the Minister’s decision on Master Plans and Major Development Plans (MDPs) to have regard to the views of the Civil Aviation Safety Authority (CASA) and Airservices Australia (Airservices) in so far as they relate to safety aspects and operational aspects of the plan (specifically ss. 81(3)(d) and 94(3)(e) respectively).
The Department acknowledges the views of CASA were not included in the Bulla Road Precinct MDP submitted to the Minister for consideration in 2004. However, the Department’s method of mitigating risk from not receiving the CASA advice within the statutory timeframe was to recommend a condition be imposed on the development. This condition required Essendon Airport Pty Ltd ‘to consult with CASA during the construction of the proposed development and comply with any safety requirements specified by that agency’.
The Department’s MDP process now includes an arrangement with CASA and Airservices for seeking advice on safety in accordance with the requirements under the Act. A specific format for receiving these views in the assessment of MDPs is not prescribed in the Act. This ensures advice from CASA and Airservices is in a format that is flexible and fit for purpose.
The Department has received confirmation from CASA and Airservices of their ongoing commitment to provide safety and operational advice on Master Plans and MDPs. The Department will continue to work closely with CASA and Airservices to ensure the existing approach remains fit for purpose.
