Legal threat over reform wind-back
Fri "The Australian"
Legal threat over reform wind-back
Steve Creedy
September 03, 2004
GROUPS representing private and sports pilots are establishing a fighting fund to take legal action against Airservices Australia's decision to wind back the federal Government's airspace reforms.
Airservices last night confirmed it had already received three lawyer's letters on the issue but said it was unable, for legal reasons, to identify who sent them.
However, a source close to the Aircraft Owners and Pilots Association and the Australian Sports Aviation Confederation said that "stern letters" had been sent by general aviation interests.
The letters are understood to relate to last-minute directives issued this week by Transport Minister John Anderson and legislative requirements on Airservices.
"Airservices thinks it's a bit of shadow boxing but it isn't really. These people are very determined and they will run a levy if necessary," the source said.
The move was the latest in a week of high drama and political brinkmanship after the Airservices board voted 5-1 last Friday to proceed with an option to wind back some airspace reforms.
Transport Minister John Anderson weighed in on the debate on Tuesday with last-minute directives, including a requirement that Airservices introduce approach radar at up to 10 regional airports at an estimated cost of $150 million.
He also directed that Airservices complete a full design and implementation safety case on its roll-back option, make that publicly available and check it with the Civil Aviation Safety Authority.
In a memo to staff yesterday, Airservices chief executive Bernie Smith said the air traffic control agency believed it had completed its safety cases and these were being made publicly available on an Airservices website yesterday.
He said the corporation would urgently seek CASA advice but the board decision stood and Airservices would proceed with the airspace changes on November 25.
"Distribution of training and education material started earlier this week," he said. "We are getting on with the job."
Mr Smith said the authority was closely examining the radar directive, which early estimates suggested would involve up to 10 airports at a cost of about $150 million.
He said considerations included what implications the directive had on other Airservices activities including the planned rollout of new global positioning system-based technology known as ADS-B, air traffic control training programs and radio improvements.
The radar directive has alarmed airlines, particularly the nation's biggest regional carrier.
Regional Express chief executive Geoff Breust said the proposal was totally out of the blue and the industry had not been consulted. "From where we sit in regional Australia, we have major concerns about what's being proposed," he said.
"At first consideration, we believe there could well be a substantial cost to get in place a system which is not necessarily appropriate for Australia.
"And at the end of the day, there is whole lot of new technology coming down the track that could revolutionise airspace management and we seem to be going back to the 1950s."
Another airline source said: "The NAS 2(b) was promoted on the basis that it would reduce costs and improve safety. It appears to be having the opposite effect."
Arguments continued to rage yesterday over the veracity of Airservices studies used as the basis for the Airservices board's decision.
Dissenting board member Kevin Gale, whose term was renewed by Mr Anderson for another three months, said he voted against the proposal because he believed the internal Airservices studies were flawed.
Mr Gale said his view was the board had needed more time to consider the issue and dissenting reports from other experts.
He believed none of the members was happy with the final decision and that they accepted it because they were told it was legally defensible.
An air traffic controller for 35 years, Mr Gale said he did not believe the terminal radar was necessary.
But he said Airservices had to install the radar under the national Airspace System if it went ahead with the decision to change class E airspace over regional terminals with towers to Class C.
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