Air Navigation (Aerodrome Curfew) Regulations (Amendment) (Cth)
I, THE GOVERNOR-GENERAL
of the
Commonwealth of Australia, acting with the
advice of the Federal Executive
Council, make the following Regulations under the
Dated 5 December 1991.
BILL HAYDEN
Governor-General
By His Excellency's Command,
BOB COLLINS
Minister of State for Shipping and Aviation Support
__________
1.1 The Air Navigation (Aerodrome Curfew) Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on gazettal: see Acts
2.1 Definition of
Omit the definition, substitute:
"
(a) that is being used in an international operation to carry passengers, for hire or reward, to or from the Aerodrome; and
(b) that complies with:
(i) the standards in respect of noise expressed in chapter 3 of the Annex to be applicable to aircraft of the class to which the aircraft belongs; or
(ii) if the aircraft is not in a class to which Chapter 3 of the Annex applies—the standards in respect of aircraft noise specified in paragraphs 3.2, 3.4 and 3.5 of Chapter 3 of the Annex when the level of noise emitted by the aircraft is determined by reference to the test procedures set out in paragraphs 3.2, 3.3, 3.6 and 3.7 of Chapter 3 of the Annex and Appendix 2 to the Annex;".
2.2
Definition of
Omit the definition, substitute:
"
3.1 Paragraph 6 (1) (a):
Omit the paragraph, substitute:
"(a) an aircraft that is propelled solely by propeller engines and that complies with the standards in respect of noise expressed in chapter 3, 6 or 10 of the Annex to be applicable to aircraft of the class to which the aircraft belongs; or
(aa) an aircraft that is described in column 2 of an item in the Schedule and complies with the standards in respect of aircraft noise set out in the provisions of the Annex specified in column 3 of that item when the level of noise emitted by the aircraft is determined by reference to the test procedures set out in the provisions of the Annex specified in column 4 of the item; or".
3.2 Paragraph 6 (1) (b):
Omit "subregulation (2)", substitute "subregulation 6A (1)".
3.3 Subregulation 6 (2):
Omit the subregulation.
3.4 Subregulation 6 (9):
After "subregulation (1)", insert "or regulation 6A".
3.5 Subregulation 6 (10):
Omit the subregulation, substitute:
"(10) For the purposes of this regulation:
(a) if an aircraft:
(i) is first approved for a push back or taxi clearance in respect of a flight before the commencement of a curfew period; and
(ii) completes its take off during that period;
it is to be regarded as having taken off:
(iii) if it completes its take off within a time that, having regard to operational requirements, is a reasonable time after the commencement of the curfew period— at the time of the request for push back or taxi clearance; or
(iv) in any other case—at the time that its take off is completed; and
(b) if an aircraft:
(i) is first approved for push back or taxi clearance in respect of a flight during a curfew period; and
(ii) completes its take off after the end of that period;
it is to be regarded as having taken off at the time that the take off is completed; and
(c) if an aircraft completes its take off in any other circumstances—it is to be regarded as having taken off at the
time of the first request for push back or taxi clearance that is subsequently approved in respect of the flight.".
3.6 Subregulation 6 (12):
Omit the subregulation, substitute:
"(12) An aircraft referred to in paragraph (10) (a) must complete its take off in accordance with regulation 7".
3.7 Add at the end:
"(14) Paragraph (1) (aa) applies to an aircraft that is described in column 2 of more than 1 item in the Schedule if the aircraft complies with the standards in respect of noise set out in the provisions of the Annex specified in column 3 of any 1 of those items.".
4.1 After regulation 6, insert:
"6A. (1) The Minister may publish a notice in
the
"(2) The operator of an aircraft may apply to the Minister to have the aircraft described if:
(a) regulation 6 does not apply to it; and
(b) it has not been described in a notice.
"(3) The operator must:
(a) state in the application the reasons for making the application; and
(b) if the Minister, in writing, asks the operator to give the Minister information in relation to the application—give the information to the Minister.
"(4) The Minister must consider the application and may approve or refuse it.
"(5) If the Minister refuses the application, the Minister must notify the operator, in writing, of the decision.
"(6) A notice under subregulation (5) must include:
(a) the reasons for the decision; and
(b) a statement to the effect that, subject to the
Administrative Appeals Tribunal Act 1975, the operator may apply to the Administrative Appeals Tribunal for review of the decision.
"(7) An application may be made to the Administrative Appeals Tribunal for the review of a decision of the Minister under subregulation (4).
"(8) In subregulations (5) and (7),
5.1 Subregulation 8 (1):
Omit the subregulation, substitute:
"(1) Subject to subregulation (2), if :
(a) the operator of an aircraft indicates, in a flight plan for the aircraft, that it will land at, or take off from, the Aerodrome during a curfew period; and
(b) the Secretary or an authorised person asks the operator, in writing, to give the Secretary or the authorised person information to determine whether the aircraft:
(i) is an international aircraft; or
(ii) complies with the standards in respect of noise expressed in chapter 3, 6 or 10 of the Annex to be applicable to aircraft of the class to which the aircraft belongs; or
(iii) is described in column 2 of an item in the Schedule and complies with the standards in respect of aircraft noise set out in the provisions of the Annex specified in column 3 of that item when the level of noise emitted by the aircraft is determined by reference to the test procedures set out in the provisions of the Annex specified in column 4 of the item;
the operator must, unless the operator has a reasonable excuse, give the information to the Secretary or the authorised person no later than 30 days after being asked.
Penalty: $5,000.".
5.2 Subregulation 8 (2):
Omit "paragraph (1) (a)", substitute "subparagraph (1) (b) (ii) or (iii)”.
5.3 Subregulation 8 (2):
Omit "that paragraph" substitute "the subparagraph".
6.1 Paragraph 9 (6) (a):
Omit the paragraph, substitute:
"(a) the aircraft is an aircraft to which paragraph 6 (1) (a), (aa) or (b) applies; or".
7.1 Subregulation 10 (2), (3) and (4):
Omit the subregulations, substitute:
"(2) If an aircraft uses reverse thrust that is greater than idle reverse thrust while landing at the Aerodrome during a curfew period, the operator of the aircraft must, no later than 7 days after the landing, give a reverse thrust return in respect of the landing to the Secretary or an authorised person.
Penalty: $500.
"(3) A reverse thrust return must:
(a) identify:
(i) the aircraft; and
(ii) the manufacturer and model of its engines; and
(b) give details of when reverse thrust greater than idle reverse thrust was used while landing at the Aerodrome during a curfew period; and
(c) give the reason for using reverse thrust greater than idle reverse thrust.".
8.1 Omit "authorised officer", substitute "authorised person".
9.1 Omit "authorised officer", substitute "authorised person".
10.1 Add at the end:
DESCRIPTIONS OF AIRCRAFT, NOISE LEVELS AND TESTING PROCEDURES
Column 1 Item No. | Column 2 Description of aircraft | Column 3 Paragraphs of Part II of the Annex (noise levels) | Column 4 Paragraphs of Part II of, and Appendices to, the Annex (test procedures) |
1 | Propeller-driven aircraft of a maximum certificated take-off mass exceeding 5,700 kg for which: (a) the application for a certificate of airworthiness for the prototype was accepted by the certificating authority; or (b) another equivalent prescribed procedure was carried out by the certificating authority; before 1 January 1985 | 5.2, 5.4, 5.5 | 5.2, 53, 5.6, 5.7, Appendix 2 |
2 | Propeller-driven aircraft of a maximum certificated take-off mass not | 6.2, 63 | 6.2, 6.4, 6.5, Appendix 3 |
Column 1 Item No. | Column 2 Description of aircraft | Column 3 Paragraphs of Part H of the Annex (noise levels) | Column 4 Paragraphs of Part II of, and Appendices to, the Annex (test procedures) |
exceeding 9,000 kg for which: (a) the application for a certificate of airworthiness for the prototype was accepted by the certificating authority; or (b) another equivalent prescribed procedure was carried out by the certificating authority; before 17 November 1988 | |||
3 | Propeller-driven aircraft and their derivatives of a maximum certificated take-off mass not exceeding 9,000 kg for which:
| 10.2, 10.4 | 10.2, 103, 10.5, 10.6, Appendix 6 |
Column 1 Item No. | Column 2 Description of aircraft | Column 3 Paragraphs of Part II of the Annex (noise levels) | Column 4 Paragraphs of Part II of; and Appendices to, the Annex (test procedures) |
on or after 17 November 1988 | |||
4 | Propellor-driven aircraft of a maximum certificated take-off mass exceeding 9,000 kg | 3.2, 3.4, 3.5 | 3.2, 33, 3.6, 3.7, Appendix 2". |
1. Notified in the
2. Statutory Rules 1989 No. 354.
0
0
0