[Peetwo]

Almost gone but not forgotten -

The QON index for last Estimates was much belatedly released late last week and there is a number of QON on the record addressed to Murky's Aviation Airport Division.

Of interest are the following from Senator Gallacher & 'the Heff': 

QON 108 - CHAIR: The other thing is we have received from Mr Mrdak evidence earlier that in relation to the floodplain clause 30 of the lease regarding state laws does not apply. Only the Airports Act applies. We now have a letter that sort of contradicts that proposition, that the tenants of the lease have to comply with state law. Would you like to see that as well?


Mr Mrdak: I am happy to and we will provide advice on that, yes.

AQON for Aviation & Airports (Murky's crew )

And the answer to QON 108:

Senator Heffernan, Bill asked:

…

CHAIR: The other thing is we have received from Mr Mrdak evidence earlier that in relation to the

floodplain clause 30 of the lease regarding state laws does not apply. Only the Airports Act applies. We

now have a letter that sort of contradicts that proposition, that the tenants of the lease have to comply with

state law. Would you like to see that as well?

Mr Mrdak: I am happy to and we will provide advice on that, yes.

…

Answer:

While we do not have the particular letter referenced, the Department is aware of a letter from Bankstown Airport Limited (BAL) to its tenants about the maintenance of essential fire services.

The maintenance of essential fire services such as fire extinguishers, hydrant systems, emergency lighting and communication systems is an important aspect of building management for Airport Lessee Companies. The Department understands letters recently provided to tenants on Bankstown Airport serve to ensure all tenants are aware of the requirements concerning essential fire services.

Generally, State laws are applied at Commonwealth owned airports to the extent they are capable of applying, unless they are excluded by a Commonwealth law. The Airports Act 1996 (the Airports Act) and the Airports (Building Control) Regulations 1996 are applicable in relation to any building activity Bankstown Airport and impose requirements with respect to fire safety features of a building as preconditions for the issue of a building approval or certificate of occupancy. NSW laws imposing similar requirements in relation to building activities or initial occupancy of a building do not apply in relation to Bankstown Airport due to provisions of the Airports Act, which exclude the application of State laws relating to land use planning and building controls. However, in relation to matters other than land use, planning and building controls – such as subsequent or ongoing use and occupation of a building on Bankstown Airport - NSW laws concerning fire safety and services are not excluded. Regulation 1.03(d) of the Airports (Building Control) Regulations 1996 expressly indicates that the application of State laws relating to the protection of persons against fire is not affected.

Fire safety in New South Wales is regulated under the Environmental Planning and Assessment (EPA) Act 1979 and Part 9 of the Environmental Planning & Assessment Regulation 2000 (EPA Regulation), which requires essential fire safety measures to be maintained.

Clear as mud, err...I think??


MTF...P2