Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1995 No. 446
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 446
Issued by the Authority of the Minister for Transport Air Navigation Act 1920
Air Navigation (Aerodrome Curfew) Regulations (Amendment)
Subsection 26(1) of the Air Navigation Act 1920 (the Act) empowers the GovernorGeneral to make regulations in relation to air navigation, being regulations with respect to trade and commerce with other countries and among the States [paragraph 26(1)(d)] and any other matter with respect to which the Parliament has power to make laws [paragraph 26(1)(e)]. Paragraph 26(2)(e) of the Act provides that, without limiting the generality of the above, regulations may be made in relation to the establishment, maintenance, operation and use of aerodromes.
The Air Navigation (Aerodrome Curfew) Regulations (the Regulations) impose a curfew at Sydney (Kingsford Smith) Airport (the Aerodrome) between 11 pm each night and 6 am the following morning. The curfew is intended to reduce the night-time noise on the approaches to, and the surrounds of, the Aerodrome.
The Regulations will be displaced by the Sydney Airport Curfew Act 1995 (the Curfew Act) which, with the exception of the provisions dealing with the granting of approvals for international passenger jet aircraft during the first and last hours of the curfew (the shoulder periods), will commence on 24 December 1995. The Curfew Act provides that the Minister must, by notice in the Gazette, within 6 months of the Act's commencement, specify a time and day after which approvals for international passenger jet aircraft during the curfew shoulder periods are required. Until this time and day are specified, the approval provisions of the Regulations will be retained.
The amending regulations repeal the Regulations apart from sub regulations 6(3) to 6(7) inclusive, which deal with international passenger jet aircraft approvals, and related machinery provisions, These provisions are required to ensure continuity of approvals already given under the Regulations and will be repealed once the corresponding provisions of the Curfew Act commence.
The Regulations commence an the day on which the Sydney Airport Curfew Act 1995
commences. That Act commences on 24 December 1995.
Overview
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1995 were enacted to refine the curfew regulations imposed on Sydney (Kingsford Smith) Airport in order to address the issue of night-time noise in the surrounding areas. The Regulations amend the existing Air Navigation (Aerodrome Curfew) Regulations, which were initially established under the Air Navigation Act 1920 to mitigate the impact of noise from aircraft operations during the night. The Minister for Transport, acting under the authority of the Governor-General and in accordance with the Air Navigation Act 1920, introduced these amendments to align the regulations with the newly enacted Sydney Airport Curfew Act 1995, which aims to more comprehensively address the curfew and its associated requirements. The primary policy objective of these amendments is to ensure a smooth transition and continuity of operations while the new Act takes effect, particularly concerning the approval processes for international passenger jet aircraft during the curfew shoulder periods.
Scope and Application
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1995 applies to the Sydney (Kingsford Smith) Airport, specifically focusing on the establishment, maintenance, operation, and use of this aerodrome to mitigate night-time noise. These regulations are made under the authority of the Air Navigation Act 1920, which empowers the Governor-General to enact regulations related to air navigation, including the use of aerodromes. The scope of these regulations encompasses the imposition of a curfew between 11 pm and 6 am to reduce noise in the vicinity of the airport. The regulations will eventually be superseded by the Sydney Airport Curfew Act 1995, except for provisions relating to the granting of approvals for international passenger jet aircraft during the first and last hours of the curfew, which will remain in effect until the Curfew Act specifies a new time and day for such approvals. The Regulations will be repealed, except for specific provisions related to international passenger jet aircraft approvals, to maintain continuity until the Curfew Act provisions take effect.
Key Provisions
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1995 No. 446 amends the existing Air Navigation (Aerodrome Curfew) Regulations to implement a curfew at Sydney (Kingsford Smith) Airport, commonly referred to as the Aerodrome, from 11 pm until 6 am the next morning. This curfew, as detailed in section 6 of the Regulations, aims to reduce night-time noise around the airport by restricting certain activities during these hours. Specifically, section 6(3) to 6(7) pertain to the granting of approvals for international passenger jet aircraft during the curfew's shoulder periods, which are the first and last hours of the curfew. These sections ensure that continuity of existing approvals is maintained until the Sydney Airport Curfew Act 1995 comes into effect.
Under the amended Regulations, parties and entities involved with the Aerodrome must adhere to the curfew provisions. This includes airlines and other aviation operators who must obtain necessary approvals if they wish to operate international passenger jet aircraft during the specified shoulder periods. The Regulations impose an obligation on these entities to comply with the curfew, ensuring that aircraft operations are limited during the night-time hours to mitigate noise impact on the surrounding areas. Furthermore, section 6(3) to 6(7) specifically outline the approval process and machinery provisions required to manage these operations until the Curfew Act takes full effect.
The Regulations also introduce potential penalties and consequences for non-compliance. Although the specific penalties are not detailed within the explanatory statement, breaches of the curfew provisions could result in legal action under the Air Navigation Act 1920 or the Sydney Airport Curfew Act 1995. Non-compliance may lead to administrative or civil penalties, and in severe cases, criminal charges. It is essential for all parties governed by these Regulations to ensure they adhere to the curfew to avoid any legal repercussions.
Additionally, the Regulations clarify that they will be repealed once the Sydney Airport Curfew Act 1995, except for sections 6(3) to 6(7), takes effect on 24 December 1995. The Curfew Act will provide a comprehensive framework for managing the curfew, including provisions for the Minister to specify a time and day after which approvals for international passenger jet aircraft during the curfew shoulder periods are required. Until these provisions are specified, the Regulations will continue to govern these operations, ensuring a seamless transition to the new Act.