Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1994 No. 109
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 109
Issued by the authority of the Minister for Transport Air Navigation Act 1920
Air Navigation (Aerodrome Curfew) Regulations (Amendment)
Paragraph 26(1) (a) of the Air Navigation Act 1920 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Paragraph 26(2)(e) of the Act provides that the power to make regulations includes the power to make regulations for or in relation to the establishment, maintenance, operation and use of aerodromes.
The Air Navigation (Aerodrome Curfew) Regulations (the Regulations) prohibit aircraft (except aircraft specified in paragraphs (a) to (c) of subregulation 6 (1)) from landing at or taking off from Sydney (Kingsford Smith) Airport (the Aerodrome) between 11 pm each night and 6 am the following morning (the curfew period) . The Regulations, which have been in operation since December 1989, give legislative effect to administrative arrangements which had been in place since October 1988.
The Regulations will amend subregulation 6 (9) which exempts from the curfew a specified number and type of freight operations by Australian Airlines Limited, Ansett Transport Industries Limited and Mayne Nickless Limited.
The Regulations are amended as follows:
- Regulation 1 provides that the Regulations are amended as set out.
2. Regulation 2 provides that Regulation 6 is amended by substituting a new subregulation 6 (9) which provides that an aircraft may land at, or take off from, the Aerodrome during a curfew period if the sole purpose of the flight is the carriage of freight and the number of aircraft movements does not exceed:
(a) for A300 aircraft registered in the name of, or operated by or for, Qantas Airways Limited, 6 aircraft movements a week until 4 April 1995 and 9 aircraft movements a week from 4 April 1995.
(b) for BAe-146 aircraft registered in the name of, or operated by or for, Ansett Transport Industries Limited, 28 aircraft movements a week.
(c) for DC9 aircraft registered in the name of, or operated by or for, Mayne Nickless Limited, 12 aircraft movements a week.
(d) for B737-300QC aircraft registered in the name of National Jet Systems Pty Ltd and operated by or for Australian Air Express Pty Ltd, 12 aircraft movements a week until 4 April 1995.
The amending Regulations commence on Gazettal.
Overview
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1994 No. 109 were enacted to amend the existing Air Navigation (Aerodrome Curfew) Regulations, which were originally established in 1989 to manage noise pollution and community disruption by restricting aircraft operations at Sydney (Kingsford Smith) Airport during specific hours. This amendment was issued under the authority of the Minister for Transport, as per the Air Navigation Act 1920, which empowers the Governor-General to make regulations concerning aerodromes. The primary objective of these regulations is to balance the operational needs of the airport with the requirement to minimise noise impact on the surrounding community during the night. The 1994 amendments specifically adjusted the curfew exemptions for certain types of freight aircraft operations, allowing for increased movements by specific airlines while still maintaining the overall curfew framework.
Scope and Application
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1994 No. 109 applies to the Sydney (Kingsford Smith) Airport, specifically governing the landing and takeoff of aircraft within the curfew period of 11 pm to 6 am. The amendment pertains to certain types of aircraft involved in freight operations, namely those operated by or for Qantas Airways Limited, Ansett Transport Industries Limited, Mayne Nickless Limited, National Jet Systems Pty Ltd, and Australian Air Express Pty Ltd. These entities are subject to specific restrictions on the number of aircraft movements permitted during the curfew period. The Regulations are made under the authority of the Minister for Transport and are an extension of the Air Navigation Act 1920, which empowers the Governor-General to make regulations for aerodrome operations. This jurisdictional reach ensures the regulations are applicable within the Commonwealth of Australia. The amendment to subregulation 6(9) delineates the exemptions and thresholds for different types of aircraft, thus providing a tailored approach to managing night-time airport operations while balancing operational needs with noise restrictions.
Key Provisions
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1994 No. 109 provide specific amendments to the existing Air Navigation (Aerodrome Curfew) Regulations, particularly focusing on the curfew periods for aircraft landing and taking off at Sydney (Kingsford Smith) Airport. Regulation 2 of the amending Regulations focuses on modifying subregulation 6(9), which pertains to exemptions from the curfew for certain types of aircraft engaged in freight operations. Under the amended subregulation 6(9), specific types of aircraft can land or take off during the curfew period if their sole purpose is the carriage of freight, subject to a limit on the number of movements per week. This includes A300 aircraft operated by Qantas Airways Limited, BAe-146 aircraft by Ansett Transport Industries Limited, DC9 aircraft by Mayne Nickless Limited, and B737-300QC aircraft operated by National Jet Systems Pty Ltd for Australian Air Express Pty Ltd.
These Regulations impose clear obligations on the operators of the specified aircraft types. They must ensure that any flights during the curfew period are exclusively for the purpose of freight carriage and that the total number of such flights does not exceed the limits prescribed. Specifically, for Qantas Airways Limited, the limit is 6 aircraft movements per week until 4 April 1995, increasing to 9 movements per week thereafter. Ansett Transport Industries Limited is allowed 28 movements per week for their BAe-146 aircraft. Mayne Nickless Limited is permitted 12 movements per week for their DC9 aircraft, and National Jet Systems Pty Ltd, operating for Australian Air Express Pty Ltd, is allowed 12 movements per week until 4 April 1995. Compliance with these limits is crucial to avoid breaching the curfew provisions.
Failure to adhere to the specified limits and conditions could result in penalties or legal consequences. Although the amending Regulations themselves do not explicitly state the penalties, violations of the Air Navigation Act 1920 or the Air Navigation (Aerodrome Curfew) Regulations could potentially incur civil or criminal penalties. Such penalties could include fines, suspension of operating permits, or other sanctions as deemed appropriate by the regulatory authorities. The exact penalties would depend on the specific breach and the interpretation by the relevant enforcement bodies.