r 6 (Cth)

Air Navigation (Coolangatta Airport Curfew) Regulations 1999

Statutory Rules No. 352, 1999

made under the

Air Navigation Act 1920

Compilation No. 3

Compilation date: 1 April 2018

Includes amendments up to: F2018L00449

Registered: 11 April 2018

About this compilation

This compilation

This is a compilation of the Air Navigation (Coolangatta Airport Curfew) Regulations 1999 that shows the text of the law as amended and in force on 1 April 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

      

Contents

Part 1Preliminary  1Name of Regulations

 These Regulations are the Air Navigation (Coolangatta Airport Curfew) Regulations 1999.

3Object of Regulations

 The object of these Regulations is to minimise the impact of aircraft noise on the community surrounding Coolangatta Airport through the imposition of a curfew and related restrictions on certain aircraft movements at the airport between 11 pm and 6 am.

4Simplified outline of Regulations

Part 1 contains information necessary for understanding the Regulations.

Part 2 imposes a curfew on certain aircraft movements at Coolangatta Airport between 11 pm and 6 am.

Part 3 allows certain aircraft movements during curfew periods.

Part 4 contains provisions about providing information to the Secretary.

Part 5 contains miscellaneous provisions.

5Definitions

1. (1)

   In these Regulations:

   Act means the Air Navigation Act 1920.

   aircraftmeans any machine or craft that can derive support in the atmosphere from the reactions of the air.

   Annexmeans volume 1 of Annex 16 to the Chicago Convention.

   curfew periodhas the meaning given by section 7.

   domestic passenger jet aircraftmeans a jet aircraft engaged in a domestic air service that is carrying passengers.

   engage in conduct means:

   1. (a)

      do an act; or

   2. (b)

      omit to perform an act.

   land—an aircraft lands when it touches the ground.

   maximum take‑off weight of an aircraft means the weight set out in the aircraft’s flight manual as the aircraft’s maximum take‑off weight.

   noise levelof an aircraft, expressed as a figure of EPNdB, means the effective perceived noise in decibels:

   1. (a)

      measured by reference to the test procedures specified in the chapter of the Annex applicable to that type of aircraft; and

   2. (b)

      certified in a noise certificate within the meaning of the Air Navigation (Aircraft Noise) Regulations 2018 for the aircraft.

   operatorof an aircraft means a person who conducts an aircraft operation using the aircraft.

   Secretarymeans the Secretary to the Department.

   take off—an aircraft takes off when it leaves the ground.

   weekmeans a period of 7 days starting at 11 pm on a Sunday.

   yearmeans a 12 month period beginning on:

   1. (a)

      for 1999—the date on which these Regulations commence; or

   2. (b)

      for any other year—the anniversary in that year of that date.

   90‑95 noise level rule has the meaning given in subregulation (2).

2. (2)

   A type of aircraft complies with the 90‑95 noise level rule if aircraft of that type have a noise level that:

   1. (a)

      on take‑off:

      1. (i)

         does not exceed 90 EPNdB; or

      2. (ii)

         if the amount in excess of 90 EPNdB is offset by a maximum noise level on landing that is correspondingly lower than the amount specified in subparagraph (b) (i) for landing noise—does not exceed 92 EPNdB; and

   2. (b)

      on landing:

      1. (i)

         does not exceed 95 EPNdB; or

      2. (ii)

         if the amount in excess of 95 EPNdB is offset by a maximum noise level on take‑off that is correspondingly lower than the amount specified in subparagraph (a) (i)—does not exceed 97 EPNdB.

6Time is legal time in Queensland

 In these Regulations, references to time are references to legal time in Queensland.

Part 2The curfew  7Curfew period

 A curfew period starts at 11 pm on a day and ends at 6 am on the next day.

8Prohibition on taking off or landing during curfew periods

1. (1)

   An operator of an aircraft must not engage in conduct that results in an aircraft taking off from, or landing at, Coolangatta Airport during a curfew period.

   Penalty: 45 penalty units.

2. (2)

   It is a defence to a prosecution under subregulation (1) that the take‑off or landing was permitted under Part 3.

   Note: A defendant bears an evidential burden in relation to whether or not the take‑off or landing was permitted under Part 3 (see subsection 13.3 (3) of the Criminal Code).

Part 3Permitted aircraft movementsDivision 1Movements permitted during curfew periods9Take‑off when taxi clearance received, or taxiing for take‑off commenced, before start of curfew period

 An aircraft may take off during a curfew period if:

1. (a)

   the aircraft received taxi clearance for the take‑off before the start of the curfew period; or

2. (b)

   an Air Traffic Control service is not available, and the aircraft began taxiing for take‑off before the start of the curfew period.

10Domestic passenger jet aircraft movements – annual quota

1. (1)

   24 domestic passenger jet aircraft movements are permitted each year during curfew periods.

2. (2)

   An operator may use a domestic passenger jet movement permitted under subregulation (1) only if the operator holds a permit granted under regulation 11 to use a movement.

3. (3)

   A domestic passenger jet aircraft movement permitted under subregulation (1) may only be used as follows:

   1. (a)

      on a day when the legal time in Queensland is the same as the legal time in New South Wales, to enable a domestic passenger jet aircraft to land at, or take off from, Coolangatta Airport between 11 pm and 11.45 pm;

   2. (b)

      on a day when summer time is in force in New South Wales, to enable a domestic passenger jet aircraft to land at Coolangatta Airport between 11 pm and 11.30 pm.

   Note: Summer time is defined for New South Wales by the Standard Time Act 1987 (NSW).

4. (4)

   However, an aircraft movement permitted under regulation 9, 16, 18, 19 or 20 is not counted towards the number of domestic passenger jet movements permitted under subregulation (1).

11Permits for domestic passenger jet aircraft movements

1. (1)

   A domestic passenger jet aircraft operator may apply, in writing, to the Secretary for a permit to use 1 or more domestic passenger jet aircraft movements permitted under subregulation 10 (1).

2. (2)

   The Secretary may, in writing, grant to a domestic passenger jet aircraft operator a permit to use a domestic passenger jet aircraft movement permitted under subregulation 10 (1).

3. (3)

   An operator may apply for a permit even if the Secretary has granted permits for all the domestic passenger jet aircraft movements for that year.

4. (4)

   A permit granted under subregulation (2) may be used only in the year for which it is granted.

12Revocation of permit

1. (1)

   The Secretary may revoke a permit granted to an operator under regulation 11 if:

   1. (a)

      another operator applies for a permit in the circumstances mentioned in subregulation 11 (3); and

   2. (b)

      the Secretary has complied with subregulation (2).

2. (2)

   If the Secretary proposes to revoke a permit under subregulation (1), he or she must give the operator concerned at least 28 days notice of the date on which the permit will be revoked.

3. (3)

   The Secretary may also revoke a permit granted to an operator under regulation 11 if the operator asks the Secretary to revoke the permit.

13Notification to the Secretary

1. (1)

   If an operator uses a domestic passenger jet aircraft movement under regulation 10, the operator must, within 7 days of the movement, notify the Secretary in writing of the following details about the movement:

   1. (a)

      the purpose of the movement;

   2. (b)

      the date and time of the movement;

   3. (c)

      the type of aircraft;

   4. (d)

      the origin or destination of the aircraft;

   5. (e)

      the runway used.

2. (2)

   An operator of an aircraft must not fail to notify the Secretary under subregulation (1).

   Penalty: 10 penalty units.

3. (3)

   For subregulation (2), strict liability applies to the physical element that notification was required by subregulation (1).

   Note: For strict liability, see section 6.1 of the Criminal Code.

14Freight jet aircraft movements – weekly quota

1. (1)

   In this regulation:

   freight jet aircraft means:

   1. (a)

      an aircraft of the type known as BAe‑146 that is being used solely for carrying freight; or

   2. (b)

      another aircraft being used solely for carrying freight, the maximum take‑off weight and noise levels of which do not exceed those of a BAe‑146 aircraft.

2. (2)

   4 freight jet aircraft movements are permitted each week during curfew periods.

15Permits for freight jet aircraft movements

1. (1)

   A freight jet aircraft operator may apply, in writing, to the Secretary for a permit to use 1 or more freight jet aircraft movements permitted under regulation 14.

2. (2)

   The Secretary may, in writing, grant to a freight jet aircraft operator a permit to use a freight jet aircraft movement permitted under regulation 14.

3. (3)

   A permit granted under subregulation (2) must state the period for which it is effective.

16Other jet aircraft movements

 A jet aircraft may land at, or take off from, Coolangatta Airport during a curfew period if:

1. (a)

   the aircraft has a maximum take‑off weight that does not exceed 34,000 kilograms; and

2. (b)

   the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and

3. (c)

   the aircraft complies with the 90‑95 noise level rule.

17Propeller‑driven aircraft movements

 A propeller‑driven aircraft with a maximum take‑off weight that does not exceed 34,000 kilograms may land at, or take off from, Coolangatta Airport during a curfew period.

Division 2Use of Coolangatta Airport as an Alternate Airport18Use of Coolangatta Airport as an Alternate Airport by international aircraft

1. (1)

   If an aircraft engaged in an international air service is diverted to Coolangatta Airport, the aircraft may land at Coolangatta Airport during a curfew period.

2. (2)

   If an aircraft lands at Coolangatta Airport during a curfew period under subregulation (1), the aircraft may take off from Coolangatta Airport in that curfew period.

19Use of Coolangatta Airport as an Alternate Airport by domestic aircraft

 If an aircraft engaged in a domestic air service is diverted to Coolangatta Airport, the aircraft may land at Coolangatta Airport during a curfew period.

Division 3Emergencies and dispensations20Aircraft may take off or land in emergencies or if Secretary grants dispensation

1. (1)

   Despite any other provisions of these Regulations, an aircraft may take off from, or land at, Coolangatta Airport during a curfew period if:

   1. (a)

      the aircraft is involved in an emergency; or

   2. (b)

      the aircraft is taking off from Coolangatta Airport to resume a flight interrupted by an emergency; or

   3. (c)

      a dispensation granted by the Secretary under regulation 21 authorises the take‑off or landing, and the take‑off or landing is in accordance with the conditions of the dispensation.

2. (2)

   For paragraphs (1) (a) and (b), an aircraft is involved in an emergency if:

   1. (a)

      the aircraft is being used for or in connection with:

      1. (i)

         a search and rescue operation; or

      2. (ii)

         a medical emergency; or

      3. (iii)

         a natural disaster; or

   2. (b)

      the pilot of the aircraft has declared an in‑flight emergency; or

   3. (c)

      the aircraft has insufficient fuel to be diverted to another airport; or

   4. (d)

      there is an urgent need for the aircraft to land or take off:

      1. (i)

         to ensure the safety or security of the aircraft or any person; or

      2. (ii)

         to avoid damage to property.

21Secretary may grant dispensations

1. (1)

   An operator may apply to the Secretary for a dispensation from the curfew in exceptional circumstances.

2. (2)

   If there are exceptional circumstances that justify permitting an aircraft to take off from or land at Coolangatta Airport during a curfew period, the Secretary may grant a dispensation to the operator authorising the aircraft to take off from, or land at, Coolangatta Airport during that period.

3. (3)

   A dispensation may be granted subject to conditions including, for example, conditions relating to when the take‑off or landing must occur.

4. (4)

   A dispensation need not be in writing, but a written record of a dispensation and the reasons for granting it must be made and kept by the Secretary.

5. (5)

   A dispensation granted under subregulation (2) must relate only to a single take‑off or a single landing of an aircraft, but not both.

Part 4Provision of information  22Provision of information to the Secretary

1. (1)

   The Secretary may, by notice in writing, ask an operator to give the Secretary, within 30 days of receiving the notice:

   1. (a)

      information about the noise level of an aircraft; or

   2. (b)

      information relevant to determining whether a take‑off or landing of an aircraft was for an aircraft involved in an emergency under subregulation 20 (2).

2. (2)

   A notice under subregulation (1) must state:

   1. (a)

      the information to be provided; and

   2. (b)

      how the information is to be provided; and

   3. (c)

      that the operator must comply with the notice within 30 days of receiving the notice.

3. (3)

   An operator must not fail to comply with a notice under subregulation (1).

   Penalty: 10 penalty units.

4. (3A)

   For subregulation (3), strict liability applies to the physical element that a notice was given under subregulation (1).

   Note: For strict liability, see section 6.1 of the Criminal Code.

5. (4)

   Subregulation (1) does not affect a person’s right to refuse to give information on the ground that the information, or giving the information, might tend to incriminate the person or expose the person to a penalty.

23Provision of false information

 The operator of an aircraft must not, for a purpose connected with these Regulations, give false or misleading information to the Secretary.

Penalty: 10 penalty units.

Note: For the value of a penalty unit, see subs 4AA (1) of the Crimes Act 1914.

Part 5Miscellaneous  24Review of decisions

 Application may be made to the Administrative Appeals Tribunal for the review of a decision by the Secretary:

1. (a)

   under regulation 11 or 12 to grant, revoke, or refuse to grant a domestic passenger jet aircraft movement permit; and

2. (b)

   under regulation 15 to grant, or refuse to grant a freight jet aircraft movement permit.

25Delegation

 The Secretary may, in writing, delegate any of his or her powers under these Regulations (other than this power of delegation) to an officer of the Department.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Number and year	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
1999 No. 352	22 Dec 1999	22 Dec 1999
2001 No. 145	20 June 2001	20 June 2001	—
2002 No. 13	21 Feb 2002	21 Feb 2002	—

Name	Registration	Commencement	Application, saving and transitional provisions
Air Navigation (Aircraft Noise—Repeal and Consequential Amendments) Regulations 2018	29 Mar 2018 (F2018L00449)	Sch 1 (item 4): 1 Apr 2018 (s 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
r 2.............................................	rep LA s 48D
r 5.............................................	am 2001 No 145; 2002 No 13; F2018L00449
Part 2
r 8.............................................	rs 2002 No 13
Part 3
Division 1
r 13............................................	am 2002 No 13
Part 4
r 22............................................	am 2002 No 13
r 23............................................	am 2002 No 13