EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 354
Issued by Authority of the Minister for Telecommunications and Aviation Support
Air Navigation Act 1920
Air Navigation (Aerodrome Curfew) Regulations
Subsection 26(1) of the Air Navigation Act 1920 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act; for the purpose of carrying out or giving effect to the Chicago Convention on International Civil Aviation (the Convention) and any Annex to the Convention relating to international standards and recommended practices; and, in relation to air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws.
Paragraph 26(2)(e) provides that the power to make regulations provided for in subsection 26(1) includes the power to make regulations for or in relation to the establishment, maintenance, operation and use of aerodromes.
In August 1988 the Government announced a new noise reduction strategy for Sydney (Kingsford-Smith) Airport (the Aerodrome), to be instituted by way of new curfew arrangements from 11 p.m. to 6 a.m. each night (the curfew period). The arrangements are intended to greatly reduce night-time noise over suburbs on the approaches to and surrounding the aerodrome. During the curfew period there are restrictions on the type of aircraft which may take-off or land at the Aerodrome and on the runways which may be used.
The new curfew arrangements have been in place administratively since October 1988. The Air Navigation (Aerodrome Curfew) Regulations give legislative effect to the arrangements and provide penalties for breaches.
Regulation 1 provides for the citation of the Regulations as the Air Navigation (Aerodrome Curfew) Regulations.
Regulation 2 provides for the Regulations to commence at
11 p.m., by legal time in New South Wales, on Sunday 17 December 1989.
Regulation 3 defines specific terms used in the Regulations.
Regulation 4 provides for the Secretary to the Department of Transport and Communications to appoint authorised persons for the purposes of the Regulations.
Regulation 5 provides that the Minister may, in writing, delegate to a person all or any of his or her powers under the Regulations.
Subregulation 6(1) specifies the aircraft which may land at or take off from the Aerodrome during the curfew period. These are aircraft propelled solely by propeller engines and which comply with the relevant requirements of Annex 16 to the Convention; aircraft referred to in a notice under subregulation 6(2); and aircraft to which subregulation 6(5) applies.
Subregulation 6(2) provides that the Minister may, by notice published in the Gazette, permit aircraft of a particular type to land at or take off from the Aerodrome during a curfew period.
Subregulation 6(3) provides for application to be made, by the operator of an international aircraft which is a jet-propelled aircraft that complies with the relevant requirements of Annex 16 to the Convention, to the Secretary or an authorised person for approval for that aircraft to land at or take off from the Aerodrome during a curfew period.
Subregulation 6(4) provides that an application under subregulation 6(3) must include the reasons for seeking the approval.
Subregulation 6(5) provides that, where the Secretary or an authorised person approves in writing an application under subregulation 6(3), the international aircraft referred to in the application may land at or take off from the Aerodrome between 5 a.m. and 6 a.m. or between 11 p.m. and midnight, as the case requires.
Subregulations 6(6) and (7) place restrictions on the number of aircraft movements which the Secretary or an authorised person may approve under subregulation 6(3).
Subregulation 6(8) provides that, until 1 January 1990, an aircraft that is propelled solely by propeller engines and was, before 30 October 1988, entered on the register of Australian aircraft, may land at or take off from the Aerodrome during a curfew period.
Subregulation 6(9) allows operations during the curfew period by Australian Airlines Limited and Ansett Transport Industries Limited for the sole purpose of carrying freight. Restrictions are placed on the number of aircraft movements and the type of aircraft which may be used.
Subregulation 6(10) provides that, for the purposes of regulation 6, an aircraft is to be regarded as having taken off at the time at which its pilot in command first requested a push back or taxi clearance that was subsequently approved in respect of the relevant flight.
Subregulation 6(11) provides that, despite approval having been given to an international aircraft to land or take off between 5 a.m. and 6 a.m. or 11 p.m. and midnight, an international aircraft must not be pushed back nor may a taxi clearance be sought in respect of such an aircraft after ten minutes before midnight on any night. The subregulation also provides that where an international aircraft completes its take off after midnight, the operator must, in a return supplied to the Secretary or an authorised person, give reasons for doing so.
Subregulation 6(12) requires an aircraft, in respect of which a push back or taxi clearance was first requested before the commencement of a curfew period but which will complete its take off within a time that having regard to operational requirements is a reasonable time after the commencement of that period, to complete its take off in accordance with regulation 7.
Subregulation 6(13) defines “aircraft movements” for the purposes of subregulations 6 (6), (7) and (9).
Subregulation 7(1) requires an aircraft which lands at the Aerodrome during a curfew period to use runway 34 and to approach the runway over Botany Bay.
Subregulation 7(2) requires an aircraft which takes off during a curfew period to take off over Botany Bay using that part of runway 16 that is situated between Botany Bay and the intersection of runway 16 with taxiway C. Where for operational reasons it is necessary to use a greater length of runway, and a push back or taxi clearance has been requested not later than 11 p.m., subregulation 7(3) allows the aircraft to take off over Botany Bay using so much of runway 16 as is necessary in the circumstances.
Regulation 8 provides for the supply by an operator, upon request by the Secretary or an authorised person, of sufficient information to establish whether an aircraft which it is intended land at or take off from the Aerodrome during a curfew period is an aircraft which falls within the groups of aircraft permitted by or under the Regulations to do so. The penalty for failure to comply with a request is $5000.
Regulation 9 specifies exceptions to the operation of the Regulations. The curfew restrictions will not apply to aircraft being used for search and rescue purposes, for mercy flights or other urgent medical purposes, for flood or fire relief purposes or for purposes relating to a natural disaster, or to an aircraft the pilot in command of which has declared an in-flight medical or other emergency. Aircraft in the vicinity of the Aerodrome carrying insufficient fuel to be diverted to another aerodrome and any aircraft that, because of unforeseen adverse
meteorological, operational or air traffic conditions, arrives at the Aerodrome later than the time specified in its flight plan during a curfew period will be permitted to land at the Aerodrome. Where the Aerodrome is specified in a flight plan for an aircraft as an alternate aerodrome and the aircraft is diverted to the Aerodrome in accordance with that flight plan and arrives at the Aerodrome during a curfew period, it will be permitted to land. The Aerodrome must not be specified as an alternate aerodrome unless the aircraft is propelled solely by propeller engines and complies with the relevant requirements of Annex 16 to the Convention or it is an aircraft of a type in respect of which the Minister has published a Gazette notice under subregulation 6(2) and there is no other aerodrome that in all the circumstances is suitable as an alternate aerodrome for that aircraft. Regulation 7 does not apply where runway 34 is not a suitable runway to land on and the aircraft is not carrying sufficient fuel to be able to divert to another aerodrome. The Minister may, in any other exceptional circumstances, approve aircraft movements during a curfew period.
Regulation 10 prohibits an operator from planning to land an aircraft at the Aerodrome during a curfew period, where the operator is aware that the aircraft would on landing at the Aerodrome require the use of reverse thrust greater than idle reverse thrust. Where an aircraft that is so equipped as to enable it to use reverse thrust during landing lands at the Aerodrome during a curfew period, the operator of the aircraft is required, on or before the first day of the next month, to lodge a reverse thrust return containing the following information:
- the time and date of each landing of that aircraft during a curfew period in the previous month;
- particulars of the aircraft sufficient to identify it and its engine type;
- whether reverse thrust greater than idle reverse thrust was used; and
- if so, the reasons for its use.
A penalty of $500 is provided for failure to lodge a reverse thrust return.
Where during a curfew period an aircraft uses reverse thrust greater than idle reverse thrust at or in the vicinity of the Aerodrome, the pilot in command must use the minimum reverse thrust necessary for the safe operation of that aircraft.
Regulation 11 creates an offence where an operator of an aircraft knowingly or recklessly supplies the Secretary or an authorised person with information that is false or misleading in a material particular. Penalties of $2500 for a natural person and $5000 for a body corporate are provided for.
Subregulation 12(1) empowers the Secretary or an authorised person, where an aircraft takes off from or lands at the Aerodrome in contravention of the Regulations, to prohibit, by notice served on the operator, that aircraft or any aircraft operated by the operator, from landing at or taking off from the Aerodrome for a period or periods not exceeding 52 weeks.
Subregulation 12(2) requires a notice under subregulation 11(1) to set out the grounds for the decision on which the notice was based.
Subregulation 12(3) allows application to be made to the Administrative Appeals Tribunal for review of a decision in respect of which the notice is made where the prohibition is for a period or periods totalling more than seven days.
Subregulation 12(4) provides that “decision” has the same meaning as in the Administrative Appeals Tribunal Act 1975.