{"id":"F2009B00155","name":"Air Services Act 1995 - Direction pursuant to section 16 concerning the responsibilities of Airservices Australia in respect of the environmental effects of aircraft","slug":"air-services-act-1995-direction-pursuant-to-section-16-concerning-the-responsibilities-of-airservice","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121526,"registerId":"commonwealth-F2009B00155-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Air Services Act 1995 - Direction pursuant to section 16 concerning the responsibilities of Airservices Australia in respect of the environmental effects of aircraft","content":"Instrument Number M37 / 99\n\nCOMMONWEALTH OF AUSTRALIA\n\nAir Services Act 1995\n\nDIRECTION PURSUANT TO SECTION 16 CONCERNING THE  \nRESPONSIBILITIES OF AIRSERVICES AUSTRALIA IN RESPECT OF THE  \nENVIRONMENTAL EFFECTS OF AIRCRAFT\n\nI, JOHN DUNCAN ANDERSON, Minister of State for Transport and Regional  \nServices, acting pursuant to subsection 16(1) of the Air Services Act 1995 (the Act)  \nHEREBY DIRECT Airservices Australia, for the purposes of paragraph 8(1)(d) and  \nsubsection 9(2) of the Act, to undertake the activities specified in the Schedule.  \n\nThis direction supersedes the direction to the Civil Aviation Authority dated 28  \nAugust 1991 by Minister Robert Lindsay Collins, which applied to Airservices  \nAustralia by virtue of section 10 of the Civil Aviation Amendment Act 1995.\n\nDated this 3rd day of May 1999\n\nJohn Anderson\n\n  \nInstrument Number M37 / 99\n\nSCHEDULE\n\nACTIVITIES TO BE PERFORMED BY AIRSERVICES AUSTRALIA UNDER\n\nPARAGRAPH 8(l)(d), AND FOR THE PURPOSES OF SUBSECTION 9(2) OF\n\nTHE AIR SERVICES ACT 1995.\n\n(i) Develop, implement and promote high quality environment practices in relation to aircraft operations, provision of navigational aids and rescue and fire fighting activities at Australian airports.\n\n(ii) Provide advice, information and data on environmental aspects of air traffic management including aircraft movements, aircraft noise, aircraft engine emissions and aircraft operations.\n\n(iii) Initiate and participate in discussions, consultations, studies and research with the aviation industry and the community in relation to environmental aspects of air traffic management.\n\n(iv) Undertake monitoring, testing and compliance activities associated with the Air Navigation (Aircraft Noise) Regulations and the Air Navigation (Aircraft Engine Emissions) Regulations.\n\n(v) Develop and implement effective aircraft noise abatement procedures and monitor and report to the Secretary on compliance with those procedures at Australian airports.\n\n(vi) Provide advice and information on aircraft environment related matters to, and participate in, airport consultative committees at those Australian airports that have such a committee.\n\n(vii) Provide, maintain and enhance public response and reporting services through a dedicated Noise Enquiry Service at airports covered by the Airports Act 1996 and other major Australian airports.\n\n(viii) Install, maintain and operate noise and flight path monitoring systems at major Australian airports.\n\n(ix) Monitor, collate and report to the Secretary on aircraft movements during curfew hours at Sydney (Kingsford Smith), Adelaide and Coolangatta airports.\n\nInstrument Number M37 / 99\n\n(x) Make available data for the development of aircraft noise exposure analyses and prediction and be responsible for endorsing Australian Noise Exposure Indices/Forecasts for all Australian airports.\n\n(xi) Provide technical and specialist support for Australia’s representation on ICAO’s Committee on Aviation Environment Protection and associated fora.\n\n(xii) Provide advice, information, guidance and assistance at locations outside controlled airspace on environmental aspects of aircraft operations, movements and procedures to the Department, the aviation industry and the community.\n\n(xiii) Carry out the activities in this Schedule in accordance with government policy as determined from time to time.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a 1999 ministerial direction that remains within its original scope. It operationalises existing statutory duties under the Air Services Act 1995 rather than expanding them. The direction consolidates and updates a 1991 direction previously applying to the Civil Aviation Authority, transferring environmental responsibilities to the newly established Airservices Australia. The 13 activities listed align precisely with the statutory purposes referenced (paragraph 8(1)(d) and subsection 9(2)), indicating no scope creep beyond the original legislative intent."},"complexity_factors":["Single-page instrument with only 13 numbered items in the Schedule","No defined terms section — relies on external references to the Air Services Act 1995, Airports Act 1996, and aviation regulations","No conditional logic or nested exceptions — each duty is expressed as a straightforward imperative (\"Develop\", \"Provide\", \"Monitor\")","Minimal cross-referencing — only cites enabling powers (section 16, paragraph 8(1)(d), subsection 9(2)) and superseded instrument","Clear hierarchical structure: preamble → operative clause → numbered schedule of duties"],"plain_english_summary":"The 1999 ministerial direction requires Airservices Australia to manage aircraft environmental impacts — chiefly noise and emissions — by monitoring noise and engines, running a public Noise Enquiry Service, installing monitors, enforcing noise abatement procedures and curfews, engaging communities via consultative committees, providing technical advice, and publishing noise data and forecasts.\n\nIt binds Airservices, airlines and airports, serves local communities and government, and effectively turned Airservices into Australia’s aviation environmental regulator, shaping how noise complaints, reporting and curfews operate today."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument supersedes a 1991 direction but, on its face, restates and specifies activities Airservices Australia must perform under paragraph 8(1)(d) and subsection 9(2) of the Act. The text does not explicitly expand or narrow those responsibilities compared with the prior instrument; it primarily codifies operative environmental duties and attaches them to government policy and reporting requirements."},"complexity_factors":["Compact list of discrete duties combining advisory, technical, monitoring and reporting functions (Schedule items i–xiii).","Operational and infrastructure obligations (install/operate noise and flight-path monitoring systems (viii); maintain Noise Enquiry Service (vii)).","Regulatory compliance and testing responsibilities tied to existing regulations (Air Navigation (Aircraft Noise) and (Aircraft Engine Emissions) Regulations) (iv).","Data and endorsement role for national noise exposure indices/forecasts — technical standard-setting and data provision obligations (x).","Reporting obligations to the Secretary and monitoring of curfew movements at specified airports (v, ix) increase administrative workload.","External coordination requirements with industry, communities, airports and international bodies (ICAO) create multi-stakeholder implementation complexity (iii, vi, xi).","Discretion and priority-setting constrained by requirement to act in accordance with government policy as determined from time to time (xiii).","Legal continuity: direction expressly supersedes a prior 1991 direction, creating a need to align legacy practice with the new text."],"plain_english_summary":"This ministerial direction requires Airservices Australia to carry out a set of environmental duties for aircraft operations: develop and promote environmental practices, provide data and advice, monitor and enforce aircraft noise and emissions rules, install monitoring systems, report on curfew movements, and represent Australia in international aviation environment fora. It assigns operational, reporting and technical responsibilities to Airservices Australia and makes those activities subject to government policy and reporting to the Secretary, affecting airports, the aviation industry and local communities."}},"importantCases":[],"_links":{"self":"/api/acts/air-services-act-1995-direction-pursuant-to-section-16-concerning-the-responsibilities-of-airservice","history":"/api/acts/air-services-act-1995-direction-pursuant-to-section-16-concerning-the-responsibilities-of-airservice/history","analysis":"/api/acts/air-services-act-1995-direction-pursuant-to-section-16-concerning-the-responsibilities-of-airservice/analysis","conflicts":"/api/acts/air-services-act-1995-direction-pursuant-to-section-16-concerning-the-responsibilities-of-airservice/conflicts","importantCases":"/api/acts/air-services-act-1995-direction-pursuant-to-section-16-concerning-the-responsibilities-of-airservice/important-cases","documents":"/api/acts/air-services-act-1995-direction-pursuant-to-section-16-concerning-the-responsibilities-of-airservice/documents"}}