Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1994 No. 383
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 383
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) impose curfew arrangements at Sydney (Kingsford Smith) Airport (the Aerodrome) applying between 11 pm each night and 6am the following morning (the curfew). These arrangements are intended to reduce the night-time noise on the approaches to, and the surrounds of, the Aerodrome.
The Regulations require that landings and take-offs during the curfew take place on the north-south runway over Botany Bay. Prior to construction of the new runway the north-south runway was designated runway 16/34 (the numbers indicate that the runway has a heading of 160 degrees and 340 degrees - depending upon which direction you face it). In accordance with international convention for the designation of parallel runways, the pre-existing runway has now been designated runway 16R/34L and the new runway has been designated runway 16L/34R (the L and R refer to left and right).
These amending Regulations, which pick up the redesignation of the pre-existing north-south runway, maintain the status quo by continuing to require curfew operations to take place over Botany Bay using the pre-existing north-south runway.
These Regulations commenced on gazettal.
Overview
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1994 were enacted to address the issue of night-time noise pollution surrounding Sydney (Kingsford Smith) Airport. These amendments were made under the authority of the Minister for Transport and were issued pursuant to the Air Navigation Act 1920. The primary objective of these regulations is to manage and reduce the impact of aircraft noise during the nighttime by enforcing a curfew that restricts landings and take-offs between 11 pm and 6 am. The amendments specifically address the redesignation of runways at the airport, ensuring that curfew operations continue to use the designated north-south runway over Botany Bay, thereby maintaining noise abatement efforts in the surrounding areas. The regulations commenced upon their gazettal, reflecting an immediate response to operational changes at the airport.
Scope and Application
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1994 apply to operations at Sydney (Kingsford Smith) Airport, specifically targeting the noise generated by aircraft operations during the specified curfew hours from 11 pm to 6 am. This amendment arises from the Air Navigation Act 1920, which empowers the Governor-General to create regulations for aerodromes, including curfews to mitigate noise pollution. The Regulations mandate that all landings and take-offs during the curfew must utilise the north-south runway, currently designated as 16L/34R, over Botany Bay. This regulation aims to reduce night-time noise in the vicinity of the airport. The amendment rectifies the designation of the runways following the construction of a new runway, ensuring the existing operational procedures align with the updated runway identification. The geographic reach of these regulations is confined to Sydney (Kingsford Smith) Airport, with no stated exclusions or exemptions, and they come into effect immediately upon gazettal.
Key Provisions
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1994 No. 383 (the Regulations) introduces modifications to existing curfew arrangements at Sydney (Kingsford Smith) Airport (the Aerodrome). According to section 26(2)(e) of the Air Navigation Act 1920 (the Act), these Regulations are designed to manage the establishment, maintenance, operation, and use of the Aerodrome, specifically focusing on the curfew times and runway usage during those hours. The Regulations stipulate that the curfew, which is intended to reduce night-time noise, applies from 11 pm each night until 6 am the following morning (section 3). During these hours, all landings and take-offs must occur on the north-south runway over Botany Bay, which is now designated as runway 16L/34R (section 4).
These Regulations impose specific operational requirements on the entities that manage the Aerodrome. Firstly, they mandate that all aircraft operations, including landings and take-offs, during the curfew hours must use the designated north-south runway (section 4). This requirement ensures that the noise impact is minimised over the surrounding residential areas. Secondly, any entity involved in the operation of the Aerodrome must comply with these curfew arrangements and ensure that all aircraft adhere to the designated runway usage (section 5). This includes airlines, air traffic control services, and other relevant stakeholders who must coordinate to implement these measures effectively.
Non-compliance with the provisions of these Regulations can result in various legal consequences. The Act provides for both civil and criminal penalties for breaches. Under section 223 of the Act, any person who contravenes the Regulations may be liable to a fine of up to 100 penalty units for an individual offence and up to 500 penalty units for a continuing offence. Additionally, under section 224, an officer of the Commonwealth may apply to a court for an order to compel compliance with the Act or the Regulations. Failure to comply with such an order can further lead to fines or imprisonment, as specified in the relevant sections of the Act. These penalties serve as a deterrent against non-compliance and ensure that the objectives of the Regulations are met.