The repeal of the Warnervale Airport (Restrictions) Act 1996 has again been called for by the Central Coast Council, even though Administrator, Mr Ian Reynolds, has stated the Council currently has no plans to develop a regional airport at Warnervale.
Central Coast Council briefing notes distributed to senior NSW Government Ministers who attended a Community Cabinet meeting at Mingara on February 9, called for the repeal of the Warnervale Airport (Restrictions) Act. “The… Act … was poor policy at the time it commenced and remains poor policy, and should be repealed,” the detailed briefing notes said. The Central Coast Council owns the airport, now called the Central Coast Airport, which is located off Sparks Rd, Warnervale.
“The former Wyong Council had, and the Central Coast Council has identified a need to improve the utilisation of the Airport by promoting the development of aviation and aviation support businesses at the airport,” the notes said. The Act limits the maximum length of the runway to 1200 metres, or 1800 metres if approved by the Minister for Planning. It also sets out the mechanism the Minister must follow before granting approval for a runway extension.
The Act prohibits the construction of a runway without the prior written consent of the Minister. If the runway has been extended, the Act imposes restrictions on fl ight movements, including a curfew on take offs and landings between 10:00pm and 6:30am, and limits the number of take offs and landings between 6:30am and 10:00pm to 88, except for defi ned emergencies. According to Central Coast Council, the runway’s length is currently 1200 metres and no runway construction has taken place.
However, in April 2016 the NSW Department of Planning investigated whether the runway had been extended without the prior permission of the Minister and concluded at that time that the flight movement restrictions under the Act did apply. “If the curfew and limits of take offs and landings apply, then current and planned future use of the Airport will be signifi cantly affected,” the briefi ng notes for Cabinet said. “Central Coast Council’s position is that those restrictions are not currently operative, but the NSW Department of Planning and Environment has advised that it has the view those restrictions currently apply.
“There is a real prospect of litigation between the Department and Council on this issue,” the notes said. “In early 2016, the then Wyong Council wrote to the then Minister for Planning requesting that the Act be repealed. “The then Minister commissioned a review of the Act under s. 17 of the Warnervale Airport Restrictions Act 1996, and the Central Coast Council provided detailed submissions in support of its request that the Act be repealed.
“Council is not aware of the outcome of that review. “Part of its submission to the review was that the Environmental Planning and Assessment Act 1979 and other legislation (such as the Protection of the Environment Operations Act 1997) provide appropriate means to regulate current and future uses of the Airport, just as those Acts regulate the use of every other airport owned by a NSW local council. “The Central Coast Airport is the only airport owned by a local council in NSW that is regulated by a specific Act.
Document, April 2016 Review of Warnervale Airport Restrictions Act Frequently Asked Questions, NSW Planning Briefing notes, Feb 9, 2017 Ian Reynolds, Central Coast Council