Air Navigation Regulations (Amendment) (Cth)
I, THE GOVERNOR-GENERAL of the
Commonwealth of Australia, acting with the advice of the Federal Executive
Council, hereby make the following Regulations under the
Dated 25 September 1986.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
Peter Morris
Minister of State for Aviation
(a) by inserting after the definition of “heavier-than-air aircraft” in sub-regulation (1) the following definition:
“ ‘high-capacity aircraft’ means an aircraft—
(a) the maximum seating capacity of which exceeds 38 passenger seats, or such greater seating capacity as is for the time being declared by the Minister by notice published in the
Gazette to be the relevant seating capacity for the purposes of this definition; or
(S.R. 305/86)—Cat. No. 12/22.9.1986
(b) the maximum payload of which exceeds 4,200 kilograms, or such greater payload as is for the time being declared by the Minister by notice published in the
Gazette to be the relevant payload for the purposes of this definition;”;(b) by inserting after the definition of “International Regulations for Preventing Collisions at Sea” in sub-regulation (1) the following definition:
“ ‘jet-propelled aircraft’ includes an aircraft that is propelled by one or more engines of the following kinds, namely, turbofan engines, turbojet engines, unducted fan engines or rocket engines, but does not include an aircraft that is propelled solely by conventional propeller engines;”; and
(c) by inserting after the definition of “position report” in sub-regulation (1) the following definition:
“ ‘powered sailplane’ means an aeroplane that has—
(a) a maximum take-off weight that does not exceed 850 kilograms;
(b) a take-off gradient of climb not less than 7 per cent at sea level (determined at international standard atmosphere conditions and maximum take-off weight);
(c) a minimum sink rate that does not exceed 300 feet per minute (determined at international standard atmosphere conditions and maximum take-off weight with the motor inoperative); and
(d) a maximum seating capacity that does not exceed 2;”.
“(1c) Subject to sub-regulation (1d) the Secretary shall, at the request of a person who intends to register an aircraft, reserve for a period not exceeding 12 months a group of three letters that is not in use as an aircraft registration mark.
“(1d) The Secretary may refuse to reserve a group of three letters the use of which is prohibited by a convention to which Australia is a party or is, for any other reason, undesirable.
“(1e) A group of three letters that has been reserved under sub-regulation (1c) shall not, while so reserved, be assigned to an aircraft as a registration mark otherwise than at the request of the person upon whose request the group of three letters was reserved.
“(1f) An Australian aircraft shall bear the nationality mark and its registration mark as required by this Division.”.
“256b. (1) Subject to sub-regulation (2), the Secretary may vary a licence or certificate in accordance with a request made by the holder of the licence or certificate.
“(2) Nothing in sub-regulation (1) shall be taken to require the Secretary to vary a licence or certificate in accordance with a request made under that sub-regulation.”.
“329. (1) The fee or charge specified or referred to in column 3 of an item in the Schedule is payable in respect of the matter specified opposite thereto in column 2 of that item, at the time an application in relation to that matter is made, by or on behalf of the person who makes the application.
“(2) A reference
in an item in the Schedule to a prescribed amount shall be read as a reference
to an amount in dollars ascertained in accordance with the formula
(a) in the case of an item or sub-item that relates to the grant of an airline licence or a cargo airline licence—500; and
(b) in the case of an item or sub-item that relates to the grant of a supplementary airline licence or a cargo supplementary airline licence—
(i) in a case in which application for the licence is made by an operator who intends to operate, in accordance with the provisions of the licence, one or more aircraft for which two-pilot crewing is, in accordance with Air Navigation Orders, a mandatory requirement—30; and
(ii) in any other case—10; and
“(3) A reference
in sub-regulation (2) to the prescribed factor shall be read as a reference to
the number that is equal to the aggregate of the numbers calculated by
reference to the number of each type of aircraft used or intended to be used in
accordance with the provisions of the particular licence, in accordance with
the formula
(a) in the case of type A aircraft—8;
(b) in the case of type B aircraft—6;
(c) in the case of type C aircraft—4;
(d) in the case of type D aircraft—2; and
(e) in the case of type E aircraft—1; and
(a) in the case of not more than 6 aircraft of a particular type—1;
(b) in the case of more than 6 but not more than 12 aircraft of a particular type—2;
(c) in the case of more than 12 but not more than 18 aircraft of a particular type—3; and
(d) in the case of more than 18 aircraft of a particular type—4.
“(4) A reference in item 77 in the Schedule to the relevant amount shall be read as a reference to the amount of the fee or charge that would be payable if, instead of varying the certificate referred to in that item, a certificate of approval were to be granted under regulation 35 in respect of the other or additional activities, being a certificate having the same operation in relation to those activities as the first-mentioned certificate as varied.
“(5) Notwithstanding anything contained in these Regulations, a person is not entitled—
(a) to the grant, issue, endorsement, validation, variation or renewal of a licence, certificate, authority, authorization, exemption or approval referred to in these Regulations;
(b) to the reservation of a group of three letters under regulation 22; or
(c) to take an examination referred to in these Regulations, being a matter in respect of which a fee or charge is payable under sub-regulation (1), until that fee or charge has been paid.
“(6) Where—
(a) a person has paid, under sub-regulation (1), an amount as a fee or charge upon making an application in relation to a matter specified in column 2 of the Schedule; and
(b) a licence, certificate, authority, authorization, exemption or approval was not granted, issued, endorsed, validated, varied or renewed, or a group of three letters was not reserved as a result of the application, or the person did not take the examination in respect of which the amount was paid,
the person is entitled to have refunded to him or her an amount equal to the amount so paid less an amount equal to the expenses (if any) incurred by the Commonwealth in relation to the matter in respect of which the application was made.
“(7) In this regulation and in the Schedule, unless the contrary intention appears—
“Australian operator” means an operator that is a person who is an Australian;
“international operation” means an operation that involves departure from a point outside Australia, or arrival at a point outside Australia;
“person who is an Australian” means an Australian citizen, a corporation established by a law of the Commonwealth, a State or a Territory, or a corporation the whole or a majority of the shares in which are owned or controlled by the Commonwealth or by Australian citizens;
“type A aircraft” means an aircraft of a type the specifications of which, being specifications approved by the Secretary under sub-regulation 27 (2) or by an authorized person referred to in that sub-regulation, provide for a maximum number of passenger seats that is not less than 340;
“type B aircraft” means an aircraft of a type the specifications of which, being specifications approved by the Secretary under sub-regulation 27 (2) or by an authorized person referred to in that sub-regulation, provide for a maximum number of passenger seats that is not less than 200 and not more than 339;
“type C aircraft” means a jet-propelled aircraft of a type the specifications of which, being specifications approved by the Secretary under sub-regulation 27 (2) or by an authorized person referred to in that sub-regulation, provide for a maximum number of passenger seats that is not less than 39 and not more than 199;
“type D aircraft” means—
(i) an aircraft, other than a jet-propelled aircraft, of a type the specifications of which, being specifications approved by the Secretary under sub-regulation 27 (2) or by an authorized person referred to in that sub-regulation, provide for a maximum number of passenger seats in the aircraft that is not less than 39 and not more than 199;
(ii) an aircraft of a type the specifications of which, being specifications approved by the Secretary under sub-regulation 27 (2) or by an authorized person referred to in that sub-regulation, provide for a maximum number of passenger seats that is not less than 9 and not more than 38; or
(iii) an aircraft of a type the specifications of which, being specifications approved by the Secretary under sub-regulation 27 (2) or by an authorized person referred to in that sub-regulation, do not provide for a maximum number of passenger seats;
“type E aircraft” means an aircraft of a type the specifications of which, being specifications approved by the Secretary under sub-regulation 27 (2) or by an authorized person referred to in that sub-regulation,
provide for a maximum number of passenger seats that is not more than 8.”.
FEES AND CHARGES
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee or charge |
$ | ||
1 | Initial issue of an aircraft maintenance engineer licence under regulation 36 | 20.00 |
2 | Variation in accordance with regulation 256b of an endorsement in a licence referred to in item 1 | 10.00 |
3 | Issue of an aircraft maintenance engineer licence by way of replacement of a licence that has been lost or destroyed, or where the application for replacement of the licence is made only because the name of the applicant has changed since the licence was granted.............................. | 10.00 |
4 | Initial issue of a student pilot licence together with a flight..................... | 15.00 |
5 | Initial issue of a private pilot licence together with a flight..................... | 20.00 |
6 | Initial issue of a commercial pilot licence together with a flight radiotelephone operator licence | 30.00 |
7 | Initial issue of a senior commercial pilot licence together with a flight radiotelephone operator licence........................................................................................................... | 40.00 |
8 | Initial issue of a second class airline transport pilot licence together with a flight radiotelephone operator licence................................................................................................ | 50.00 |
9 | Initial issue of a first class airline transport pilot licence together with a flight radiotelephone operator licence................................................................................................ | 50.00 |
10 | Initial endorsement of a flight instructor rating in a licence..................... | 10.00 |
11 | Initial endorsement of an instrument rating in a licence.......................... | 10.00 |
12 | Initial issue of an aircraft radiotelephone operator certificate of proficiency | 10.00 |
13 | Initial issue of a flight radiotelephone operator licence (other than to the holder of a pilot licence) | 10.00 |
14 | Initial issue of a flight engineer licence................................................. | 30.00 |
15 | Issue of a licence under Part V by way of replacement of a licence that has been lost or destroyed, or where the application for replacement of the licence is made only because the name of the applicant has changed since the licence was granted | 10.00 |
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee or charge |
$ | ||
16 | Endorsement under sub-regulation 60 (2) of a pilot licence for a particular type or category of aircraft........................................................................................................... | 10.00 |
17 | Conferral of validity under regulation 66 on a licence or certificate issued by the competent authority in any other country (other than a licence or certificate referred to in items 18, 19 or 20) | 30.00 |
18 | Conferral of validity under regulation 66 on a licence or certificate issued by the competent authority in any other country authorizing the holder to act as pilot of a type or category of aircraft that is a high capacity aircraft—
| 70.00 |
| ||
| 70.00 | |
19 | Conferral of validity under regulation 66 on a licence or certificate issued by the competent authority in any other country authorizing the holder to act as pilot of a type or category of aircraft that is not a high capacity aircraft | 10.00 |
20 | Conferral of validity under regulation 66 on a licence or certificate issued by the competent authority in any other country authorizing the holder to pilot aircraft under I.F.R....... | 10.00 |
21 | Examination for the purpose of qualifying for the issue of an aircraft maintenance engineer licence— | |
(a) in specific subjects—per subject...................................................... | 20.00 | |
(b) in any other subjects—per subject................................................... | 10.00 | |
22 | Examination for the purpose of qualifying for the issue of a private pilot licence—per subject | 10.00 |
23 | Examination for the purpose of qualifying for the issue of a commercial pilot licence—per subject........................................................................................................... | 20.00 |
24 | Examination for the purpose of qualifying for the issue of a senior commercial pilot licence, a first class airline transport pilot licence or a second class airline transport pilot licence—per subject | 30.00 |
25 | Examination for the purpose of qualifying for the endorsement of an instrument rating in a licence—per subject................................................................................................ | 20.00 |
26 | Examination for the purpose of qualifying for the issue of a flight engineer licence—per subject | 20.00 |
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee or charge |
$ | ||
27 | Examination for the purpose of qualifying for the endorsement of a flight instructor rating in a licence—per subject.......................................................................................... | 20.00 |
28 | Examination for the purpose of qualifying for an endorsement under sub-regulation 60 (2) in a pilot licence specifying helicopters as a type or category of aircraft for which the licence is valid—per subject | 30.00 |
29 | Examination in the subject known as Basic Gas Turbine Principles for the purpose of qualifying for an endorsement upon a pilot licence specifying a type of aircraft that is a jet-propelled aircraft as a type of aircraft for which the licence is valid.................................................... | 20.00 |
30 | Examination conducted by means of a flight test taken for the purpose of qualifying for the issue of a licence or certificate under Part V of these Regulations, the initial endorsement of a rating in a licence issued under Part V of these Regulations, or the conferral of validity on a licence or certificate issued by the competent authority in any other country— | |
| 20.00 | |
| 25.00 | |
| 30.00 | |
| 35.00 | |
31 | Issue of an airline licence—
|
|
|
|
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee or charge |
$ | ||
|
| |
32 | Renewal of an airline licence issued—
|
|
|
| |
|
| |
| 33 | Variation of the conditions of
an airline licence issued to an operator who is party to an agreement set
forth in a Schedule to the | |
|
1,000.00 | |
| 500.00 |
34 | Variation of the conditions of an airline licence issued to an Australian operator (other than an operator referred to in item 33), being a licence authorizing the operator to conduct regular public transport operations that are international operations— |
| 350.00 |
| 20.00 |
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee or charge |
$ | ||
35 | Variation of the conditions of an airline licence issued to an operator (other than an operator who is referred to in item 33), being a licence authorizing the operator to conduct regular public transport operations that are not international operations— | |
| 500.00 | |
| 250.00 | |
36 | Issue of a cargo airline licence— | |
| 300.00 | |
|
| |
37 | Renewal of a cargo airline licence issued—
| 200.00 |
|
| |
38 | Variation of the conditions of a cargo airline licence issued to an operator, being a licence authorizing the operator to conduct regular public transport operations that are not international operations— | |
| 500.00 | |
| 250.00 | |
39 | Variation of the conditions of a cargo airline licence issued to an Australian operator, being a licence authorizing the operator to conduct regular public transport operations that are international operations— |
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee or charge |
$ | ||
| 60.00 | |
(b) in any other case | 30.00 | |
40 | Issue of a supplementary airline licence to a person, being a licence authorizing the person to conduct regular public transport operations that are not international operations— | |
|
| |
(b) in any other case............................................................................ |
| |
41 | Renewal of a supplementary airline licence issued to an operator, being a licence authorizing the operator to conduct regular public transport operations that are not international operations— | |
|
| |
(b) in any other case............................................................................ |
| |
42 | Issue of a cargo supplementary airline licence to a person, being a licence authorizing the person to conduct regular public transport operations that are not international operations— | |
| 500.00 |
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee or charge |
$ | ||
(b) in any other case…………………………………………………….. | 300.00 | |
43 | Renewal of a cargo supplementary airline licence issued to an operator, being a licence authorizing the operator to conduct regular public transport operations that are not international operations— | |
| 250.00 | |
| 200.00 | |
44 | Variation of the conditions of a supplementary airline licence or a cargo supplementary airline licence issued to an operator— | |
| 100.00 | |
| 45.00 | |
45 | Issue of a charter licence (other than a charter licence referred to in item 47), a cargo charter licence or an aerial work licence to a person, being a licence authorizing the person to conduct aerial work operations or charter operations that are not international operations........................... | 200.00 |
46 | Renewal of a charter licence (other than a charter licence referred to in item 47), a cargo charter licence or an aerial work licence issued to an operator of aerial work operations or charter operations that are not international operations........................................................................ | 200.00 |
47 | Issue or renewal of a charter licence to a person, being a licence authorizing the person to conduct charter operations that are not international operations and pursuant to which the person is permitted to operate only gliders or powered sailplanes........................................................ | 65.00 |
48 | Variation of the conditions of a charter licence referred to in item 47...... | 45.00 |
49 | Variation of the conditions of a charter licence (other than a charter licence referred to in item 47), a cargo charter licence or an aerial work licence issued to an operator of aerial work operations or charter operations that are not international operations...................................................... | 65.00 |
50 | Approval under regulation 199aa of an international operation by an Australian registered aircraft— | |
| 10.00 | |
| 15.00 |
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee or charge |
$ | ||
51 | Approval under regulation 199aa of an international operation that is a charter operation by an aircraft that is not an Australian registered aircraft… | 100.00 |
52 | Issue or renewal of an exemption and approval under regulation 203 in relation to operations that are not international operations........................................................................ | 200.00 |
53 | Issue of a certificate of registration under regulation 14 in respect of an aircraft (not being a glider) that had not been registered previously on the register of Australian aircraft— | |
| 50.00 | |
| 25.00 | |
54 | Issue of a certificate of registration under regulation 14 in respect of an aircraft (not being a glider) that had been registered previously on the register of Australian aircraft.............. | 50.00 |
55 | Issue of a new certificate of registration under regulation 17 in respect of an aircraft (not being a glider)........................................................................................................... | 50.00 |
56 | Reservation of a group of three letters under sub-regulation 22 (1c)— | |
| 30.00 | |
| 10.00 | |
57 | Grant of a certificate of approval under regulation 35 in respect of the distribution of aircraft components or materials......................................................................................... | 100.00 |
58 | Grant of a certificate of approval under regulation 35 in respect of the design of aircraft or aircraft components......................................................................................... | 100.00 |
59 | Grant of a certificate of approval under regulation 35 in respect of the manufacture of aircraft (not being a certificate referred to in item 60).......................................................... | 365.00 |
60 | Grant of a certificate of approval under regulation 35 in respect of the manufacture of balloons | 330.00 |
61 | Variation in accordance with regulation 256b of the conditions of a certificate of approval referred to in item 60................................................................................................ | 30.00 |
62 | Grant of a certificate of approval under regulation 35 (not being a certificate referred to in item 63 or 64) in respect of the manufacture of aircraft components............................. | 290.00 |
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee or charge |
$ | ||
63 | Grant of a certificate of approval under regulation 35 (not being a certificate referred to in item 64) in respect of the manufacture of aircraft components, being a certificate that includes an endorsement under sub-regulation 35 (3) that the certificate is granted subject to the condition that the manufacture is limited to one or more of the following kinds of components, namely, airframes and parts of airframes, engines and parts of engines, electrical components, instrument components and radio components—in respect of each kind of component....................................................................... | 75.00 |
64 | Grant of a certificate of approval under regulation 35 in respect of the manufacture of aircraft components, being a certificate that includes an endorsement under sub-regulation 35 (3) that the certificate is granted subject to the condition that the manufacture is limited to certain specified components | 75.00 |
65 | Grant of a certificate of approval under regulation 35 in respect of the manufacture of aircraft materials........................................................................................................... | 75.00 |
66 | Grant of a certificate of approval under regulation 35 (not being a certificate referred to in item 68) in respect of the maintenance of aircraft— | |
| 110.00 | |
| 330.00 | |
| 450.00 | |
67 | Variation in accordance with regulation 256b of the conditions of a certificate of approval referred to in item 66 in respect of the maintenance of aircraft— | |
| 30.00 | |
| 30.00 | |
| 60.00 | |
68 | Grant of a certificate of approval under regulation 35 in respect of the maintenance of aircraft, being a certificate that includes an endorsement under sub-regulation 35 (3) that the certificate is granted subject to the condition that the maintenance is limited to one or more of the following systems, namely, airframes, engines, electrical systems, instrument systems and radio systems—in respect of each kind of system........................................................................................................... | 110.00 |
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee or charge |
$ | ||
69 | Variation in accordance with regulation 256b of the conditions of a certificate of approval under regulation 35 in respect of the maintenance of aircraft, being a certificate that includes an endorsement under sub-regulation 35 (3) that the certificate is granted subject to the condition that the maintenance is limited to one or more of the following systems, namely, airframes, engines, electrical systems, instrument systems and radio systems—in respect of each kind of system............................ | 30.00 |
70 | Grant of a certificate of approval under regulation 35 (not being a certificate referred to in item 72) in respect of the maintenance of aircraft components | 330.00 |
71 | Variation in accordance with regulation 256b of the conditions of a certificate of approval referred to in item 70................................................................................................ | 30.00 |
72 | Grant of a certificate of approval under regulation 35 in respect of the maintenance of aircraft components, being a certificate that includes an endorsement under sub-regulation 35 (3) that the certificate is granted subject to the condition that the maintenance is limited one or more of the following components, namely, airframes, engines, electrical components, instrument components, radio components and balloon components—in respect of each kind of component............................... | 110.00 |
73 | Grant of a certificate of approval under regulation 35 in respect of the maintenance of aircraft materials........................................................................................................... | 110.00 |
74 | Variation in accordance with regulation 256b of the conditions of a certificate of approval referred to in item 72 or 73....................................................................................... | 30.00 |
75 | Grant of a certificate of approval under regulation 35 in respect of 2 or more of the activities referred to in items 57 to 74 (inclusive) where the total of the fees or charges payable under sub-regulation 329 (1) would, but for this item, exceed $500............................................................... | 500.00 |
76 | Grant of a certificate of approval under regulation 35 in respect of certain activities by way of replacement of such a certificate previously granted in respect of those activities— | |
| ||
| 30.00 |
Column 1 | Column 2 | Column 3 |
Item | Matter | Fee or charge |
$ | ||
77 | Variation in accordance with regulation 256b of a certificate of approval granted under regulation 35, being a variation by virtue of which the certificate will approve other or additional activities referred to in regulation 35....................................................................................... |
|
78 | Initial issue of a certificate of approval under regulation 35 in respect of the training of candidates for examinations referred to in paragraph 36 (4) (e) | 30.00 |
79 | Initial issue of a certificate of approval under regulation 35 ( not being a certificate referred to in item 80) in respect of the conducting of examinations referred to in paragraph 36 (4) (e) | 50.00 |
80 | Initial issue of a certificate of approval under regulation 35 in respect of the conducting of examinations referred to in paragraph 36 (4) (e), being a certificate that includes an endorsement under sub-regulation 35 (3) that the certificate is granted subject to the condition that the conducting of examinations is limited to the examinations specified in the certificate....................................... | 60.00 |
81 | Variation in accordance with regulation 256b of the conditions of a certificate of approval referred to in item 80................................................................................................ | 10.00 |
82 | Approval under regulation 40 of the design of a modification or repair of an aircraft or an aircraft component and approval under regulation 41 of an aircraft component as a replacement for another aircraft component.......................................................................................... | 75.00 |
83 | Approval of a system of maintenance of a type of aircraft under regulation 43— | |
|
980.00 | ||
| 550.00 | |
| 370.00 | |
84 | Approval under sub-regulation 43 (5) of a change in the system of maintenance of an aircraft | 30.00 |
85 | Issue of an aerodrome licence under regulation 84................................. | 150.00 |
1. Notified in the
2.Statutory Rules 1947 No. 112 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1986 No. 141 andsee also Statutory Rules 1986 No. 141.
Printed by Authority by the Commonwealth Government Printer
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