Australian Noise Exposure Forecast

Mr Baldwin asked the Minister for Defence Personnel, Materiel and Science, in writing, on 4 February 2010:

1. Will land owners be able to apply for compensation from the Department of Defence for the installation of noise attenuation measures if their Development Applications were submitted to the Planning Authority at Port Stephens Shire Council (PSSC) based on the 2012 Australian Noise Exposure Forecast (ANEF) but before the new 2025 ANEF maps were made public.
2. On what date(s) was the PSSC given a copy of the (a) draft, and (b) endorsed versions of 2025 ANEF.
3. On what date was the PSSC authorised by Defence to publicly release the information contained in the 2025 ANEF, and why was this date chosen by Defence.
4. Why was the 2025 ANEF distributed separately to the Draft Public Environment Report (PER).
5. Is the information in the (a) 2025 ANEF, and (b) Draft PER, subject to review or approval by any other non-Defence Portfolio Minister; if so, which one(s).

Mr Combet - The answer to the honourable member’s question is as follows:

1. The promulgation of the 2025 Australian Noise Exposure Forecast (ANEF) does not of itself impact upon the Development Applications by landowners in this circumstance. The landowners' Development applications are affected by the Council's Development Control Plan (DCP) which gives effect to the impact of any changes in the 2025 ANEF. Landowners may choose a discretionary mechanism to attempt to obtain compensation for changes between the 2012 and 2025 ANEFs.
2.  
   1. 6 October 2009.
   2. The new ANEF 2025 was released to the public on 23 October 2009. a letter was sent to the Port Stephens Shire Council on 12 November formerly advising them of the final ANEF maps release.
3. ANEF 2025 was made publicly available on the Defence website after its endorsement on 23 October 2009. Some minor cosmetic changes to the title block of the map were required to be made. This accounts for the delay in the final date of release of 23 October 2009. Importantly these amendments did not involve any change to the contours on the map.
4. The development of an ANEF and the development of a Public Environment Report (PER) are two separate processes.  Given that aircraft noise is one of the significant environmental considerations for Joint Strike Fighter (JSF) introduction, it was logical for the ANEF 2025 and the New Air Combat Capability Draft PER to be developed in parallel. However, whilst ANEF 2025 figures were depicted in the Draft PER, ANEF 2025 remains a separate document developed through a separate process.
5.  
   1. No. The development and approval of ANEF is an internal Defence process. However, while this is an internal process to Defence and external approval by other Ministers is not required, any directions or conditions (such as planning or environmental restrictions) must be factored in when developing the ANEF.
   2. No. The Draft PER was conducted voluntarily by Defence in order to inform Defence's referral of JSF operations to Department of Environment, Water, Heritage and the Arts (DEWHA) under the Environment Protection & Biodiversity Conservation Act 1999 at a future date.  When Defence refers JSF OPS to DEWHA, that department will decide the scope of environmental study and public consultation required in order for JSF operations to be formally approved. This further study (likely to be an Environmental Impact Statement or PER) will be subject to DEWHA approval. As part of this process the Minister for Environment, Heritage and the Arts may impose conditions that require refinement of JSF operations and therefore refinement of ANEF 2025.

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