60 Reasons to Protest: Reason #40 – Refusal to Issue a Ministerial Direction
Two of BFPCA’s eight key demands entail issuing Ministerial Directions to Airservices Australia. So what is a Ministerial Direction and why does it matter?
A Ministerial Direction is a legally binding instruction given by a government minister to a government agency or body under their portfolio responsibility. The direction is intended to guide the actions of that agency or body in a particular area and can be issued under the authority of relevant legislation.
In our case, the Air Services Act 1995, §16 confirms that “the Minister may give written directions to Airservices relating to the performance of its functions or the exercise of its powers,” and “Airservices must comply with a direction.”
According to Airservices’ latest annual report 2021/2022, three of four Ministerial directions relate to addressing flight path noise pollution and still apply today – nearly 30 years later. They were a result of the massive community protests in Sydney in the mid 90s:
- 29 May 1996: Handling of aircraft noise complaints at Sydney and other federal airports
- 30 July 1997: Progressive implementation of Sydney Long Term Operating Plan
- 3 May 1999: Responsibilities in relation to the environmental effects of aircraft
Ministerial Directions are legally binding and enduring, which is why Airservices and their mates in the aviation industry hate them. For nearly 20 years now, no Minister has issued any Ministerial Direction to Airservices anymore. Why not?
BFPCA called on Michael McCormack, then Barnaby Joyce, and now Catherine King to issue two Ministerial Directions to require Airservices to:
- Redesign the Brisbane airspace and flight paths that will (i) remedy the current concentration of noise pollution over Brisbane families and communities, and; (ii) achieve a significant and noticeable reduction overall in the noise pollution and health impacts experienced by Brisbane families and communities. This includes introducing international best practice noise abatement procedures such as prioritising SODPROPS at all times and meeting quarterly noise abatement performance targets.
- Engage in a major consultative process over 12 months to develop the Brisbane Airport Long-Term Operating Plan (LTOP) to better manage the aircraft noise associated with Brisbane Airport. The LTOP is to ensure that aircraft movements are maximised over water and non-residential land.
All three Ministers have refused so far. What we are being presented with is a bunch of excuses, vague statements, engagement theatre, and non-binding draft proposals that take forever to progress to any real improvements. It is kicking the can down the road while BAC and Airservices are raking in the profits and we suffer.
We want what Sydney got, and we want it now – not in another three or four years. Join the protest!
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