Air Navigation (Aerodrome Curfew) Regulations Amendment 1992 No. 195
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 195
Issued by Authority of the Minister for Shipping and Aviation Support
Air Navigation Act 1920
Air Navigation (Aerodrome Curfew) Regulations Amendment
Subsection 26(1) 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 and operation of aerodromes.
The Air Navigation (Aerodrome Curfew) Regulations (the Regulations) provide for curfew arrangements at Sydney (Kingsford Smith) Airport (the Aerodrome), to apply between 11pm each night and 6am the following morning. The arrangements are intended to reduce night-time noise over suburbs on the approaches to, and surrounding, the Aerodrome.. The Regulations, which have been in operation since December 1989, give legislative effect to administrative arrangements that had been in place administratively since October 1988.
The Regulations make two amendments to subregulations 6(9) and 7(2) of the Regulations.
Subregulation 6(9) of the Regulations exempts from the curfew a specified number and type of weekly freight operations by Australian Airlines Limited and Ansett Transport Industries Limited. The amendment reallocates weekly freight movements by:
• reducing Australian Airlines' allocation from 14 to 9 weekly movements using A300 aircraft, and
• enabling a third freight operator, Mayne Nickless Limited (trading as IPEC Aviation), to operate up to 12 weekly movements using DC9 aircraft during the curfew period.
The amendment also introduces a new subregulation 6(9A) which, in effect, requires the DC9 aircraft used by IPEC to be hushkitted. The hushkitted DC9 is quieter than the A300 and this reallocation of weekly freight movements does not increase the total amount of noise emitted during the curfew period.
The amendment to subregulation 6(9) and the new subregulation 6(9A) commenced on the date of notification in the Gazette.
Subregulation 7(2) of the Regulations provides that takeoffs during the curfew period must be on that part of runway 16 that is situated between Botany Bay and the intersection of that runway with taxiway C. On 6 February 1992 the taxiways at Sydney Airport were redesignated as a result of which taxiway C was renamed taxiway G. The amendment to subregulation 7(2) preserves the intention of the original regulations by replacing the reference to taxiway C with a reference to taxiway G.
The amendment to subregulation 7(2) is taken to have commenced on 6 February 1992, the day upon which the taxiways were redesignated. This amendment does not prejudicially affect the rights of any person and does not impose liabilities on any person.
Overview
The Air Navigation (Aerodrome Curfew) Regulations Amendment 1992 No. 195 was enacted to make adjustments to the existing curfew arrangements at Sydney (Kingsford Smith) Airport. This amendment was issued by authority of the Minister for Shipping and Aviation under the Air Navigation Act 1920. The primary aim of these amendments is to refine the curfew operations to better manage night-time noise levels around the airport while accommodating specific operational needs of certain airlines. This adjustment includes reallocating weekly freight movements among airlines, ensuring that the reallocation does not increase the total noise levels during the curfew period. Additionally, the amendment addresses a technical update to the regulations to reflect the renaming of taxiways at the airport, ensuring the operational clarity and compliance with the existing regulatory framework.
Scope and Application
The Air Navigation (Aerodrome Curfew) Regulations Amendment 1992 No. 195 applies to Sydney (Kingsford Smith) Airport, targeting the noise impact on nearby suburbs by establishing a curfew for aircraft operations between 11pm and 6am. The regulations are made under the Air Navigation Act 1920, empowering the Governor-General to enact these provisions for the establishment, maintenance, and operation of aerodromes. This amendment specifically modifies the existing curfew regulations by adjusting the number of weekly freight operations allowed during the curfew period and introduces new requirements for hushkitted aircraft. The changes reallocate weekly freight movements among specified airlines, ensuring that the total noise output remains unchanged or potentially reduced. Additionally, the amendment updates the runway and taxiway references to reflect the redesignation of taxiways at the airport, ensuring the continuity of operational directives without affecting any existing rights or liabilities.
Key Provisions
The Air Navigation (Aerodrome Curfew) Regulations Amendment 1992 No. 195 primarily revises the Air Navigation (Aerodrome Curfew) Regulations under the Air Navigation Act 1920. The amendment focuses on two specific subregulations: 6(9) and 7(2). Subregulation 6(9) concerns the allocation of weekly freight movements during the curfew period, while subregulation 7(2) addresses the location of takeoffs during the curfew period. The curfew period is set from 11pm each night to 6am the following morning, and these regulations aim to manage noise over the suburbs near Sydney (Kingsford Smith) Airport.
The amendment to subregulation 6(9) introduces several key changes. Firstly, it reduces the number of weekly freight movements by Australian Airlines Limited from 14 to 9 using A300 aircraft. Secondly, it allows Mayne Nickless Limited, trading as IPEC Aviation, to operate up to 12 weekly movements using DC9 aircraft during the curfew period. The new subregulation 6(9A) also mandates that the DC9 aircraft used by IPEC must be hushkitted, meaning they are equipped with modifications to reduce noise. This reallocation of movements ensures that the total amount of noise emitted during the curfew period remains unchanged. The changes to subregulation 6(9) and the introduction of subregulation 6(9A) commenced on the date of notification in the Gazette.
Entities governed by these regulations, such as airlines and airport operators, are required to adhere to the new weekly movement allocations and the requirement for hushkitted DC9 aircraft. They must also ensure that takeoffs during the curfew period are conducted on the specified part of runway 16, now referenced as between Botany Bay and the intersection with taxiway G, following the redesignation of taxiways on 6 February 1992. The amendment to subregulation 7(2) ensures that the operational intent of the original regulations is maintained despite the renaming of taxiway C to taxiway G.
While the explanatory statement does not detail specific offences, penalties, or consequences for breach of these regulations, it is understood that non-compliance with Air Navigation Act 1920 regulations could result in significant penalties under the Act. Typically, breaches of air navigation regulations can lead to both civil and criminal consequences, including fines and imprisonment, depending on the severity and nature of the breach. The specific penalties are not outlined in the explanatory statement but can be found in the relevant sections of the Air Navigation Act 1920.