Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1995 No. 78
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 78
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) 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 11 PM 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 since October 1988.
The amending regulations amend the Regulations to:
• require existing night freight operators to use quieter BAe-146 aircraft in the short to medium term; and
• prohibit all operations during the curfew, other than certain international flights and emergencies, once the airport at Badgerys Creek is able to be used for night aircraft movements.
Details of the regulations; are as follows:
Regulation 1 - Amendment
Regulation 1 provides that the Regulations are amended as set out in these Regulations.
Regulation 2 - Regulation 3 (Interpretation)
Regulation 2 amends subregulation 3(1) of the Regulations by inserting a new definition of "maximum take-off weight". This expression is used in proposed new subregulation 6A(1B).
Regulation 3 - Regulation 6 (Curfew)
Regulation 3 replaces sub regulations 6(9) and (9A) of the Regulations.
Previously, subregulation 6(9) of the Regulations exempted from the curfew a specified number and type of weekly freight operations by Qantas Airways Limited, Ansett Transport Industries Limited, Mayne Nickless Limited and National Jet Systems Pty Ltd. The amendment reduces and reallocates weekly freight movements by:
• removing Qantas' allocation of 9 weekly movements using A300 aircraft; preserving Ansett's allocation of 28 weekly movements using BAe-146 aircraft;
• preserving Mayne Nickless' allocation of 12 weekly movements using hushkitted DC9 aircraft until 31 October 1995, after which the DC9 movements will be phased out in two stages. From 1 November 1995 to 30 April 1996 Mayne Nickless will be entitled to 6 weekly movements using hushkitted DC9 aircraft and 9 weekly movements using BAe-146 aircraft. From 1 May 1996 Mayne Nickless will be entitled to 18 weekly movements using BAe-146 aircraft; and
• enabling National Jet Systems, to operate up to 28 weekly movements using BAe-146 aircraft. This preserves National Jet Systems' allocation of BAe-1 46 movements under regulation 6A and replaces the lapsed allocation of B737-300QC movements under subregulation 6(9) with additional BAe-146 movements.
The amendment also makes some minor drafting changes.
Regulation 4 - Regulation 6A (Descriptions of aircraft that may take off from or land at the Aerodrome during a curfew period)
Regulation 4 replaces subregulation 6A(1) of the Regulations.
Regulation 6A enables the Minister, by notice in the Gazette, to permit particular aircraft types to land at, or take off from, the Aerodrome during a curfew period. The discretion in regulation 6A has been exercised to enable operations during the curfew by small low noise jet aircraft.
The amendment clarifies the relationship between regulations 6 and 6A by introducing objective criteria to determine what is a small low noise jet aircraft for the purposes of regulation 6A and limiting the operation of that regulation to such aircraft.
Regulation 5 - New Regulation 6B (Aircraft that may take off from or land at the Aerodrome during a curfew period - sunset provision)
Regulation 5 inserts a new regulation 6B into the Regulations which will sunset all operations during the curfew period, other than international operations permitted under subregulation 6(5) and emergency exceptions under regulation 9, once the airport at Badgerys Creek is able to be used for night aircraft movements.
These Regulations commenced on gazettal.
Overview
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1995 No. 78 were enacted under the authority of the Minister for Transport, aiming to address the issue of night-time aircraft noise around Sydney (Kingsford Smith) Airport. This legislation amends the Air Navigation (Aerodrome Curfew) Regulations, originally established in 1989, to refine the curfew arrangements and aircraft specifications to mitigate noise pollution in the surrounding suburbs. The core policy objective is to balance the operational needs of the airport with the need to minimise the impact on nearby communities during night hours. These amendments specifically mandate the use of quieter aircraft for certain freight operations and restrict all non-essential flights during the curfew period, with exceptions for international flights and emergencies, until the Badgerys Creek airport becomes operational for night movements.
Scope and Application
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1995 No. 78 amends the existing Air Navigation (Aerodrome Curfew) Regulations to introduce new measures aimed at reducing noise pollution around Sydney (Kingsford Smith) Airport during the night curfew hours. The primary focus of these amendments is to mandate the use of quieter BAe-146 aircraft for night freight operations by certain companies and to phase out the use of louder aircraft types over time. This amendment applies to the specified freight operators at the airport and seeks to reallocate their weekly movements to quieter aircraft models while phasing out louder aircraft like the hushkitted DC9. Furthermore, the regulations also introduce a sunset clause whereby, once the Badgerys Creek Airport becomes operational for night aircraft movements, all operations during the curfew period will be prohibited, except for certain international flights and emergency exceptions. These amendments are made under the authority provided by the Air Navigation Act 1920, and they came into effect upon gazettal.
Key Provisions
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1995 (No. 78) make amendments to the existing Air Navigation (Aerodrome Curfew) Regulations, which are in force under the Air Navigation Act 1920 (the Act). The amendments primarily focus on adjusting the curfew arrangements at Sydney (Kingsford Smith) Airport to mitigate night-time noise over the surrounding suburbs. Regulation 1 establishes that the Regulations are amended as per the details provided in the amending regulations. Regulation 2 amends the definition of "maximum take-off weight" in subregulation 3(1) to introduce the concept in new subregulation 6A(1B). Regulation 3 replaces subregulations 6(9) and (9A), modifying the weekly freight movements allocations for various operators. Notably, Qantas' allocation of 9 weekly movements using A300 aircraft is removed, while Ansett's allocation of 28 weekly movements using BAe-146 aircraft is preserved. Mayne Nickless' allocation of 12 weekly movements using hushkitted DC9 aircraft is phased out in two stages, culminating in 18 weekly movements using BAe-146 aircraft by May 1996. National Jet Systems is enabled to operate up to 28 weekly movements using BAe-146 aircraft, replacing the previous allocation of B737-300QC movements. Regulation 4 amends subregulation 6A(1), enabling the Minister to permit specific aircraft types to land at, or take off from, the Aerodrome during the curfew period by notice in the Gazette. The amendment introduces objective criteria to define small low noise jet aircraft and limits the operation of subregulation 6A to these aircraft. Regulation 5 introduces new Regulation 6B, which will sunset all operations during the curfew period, other than international operations permitted under subregulation 6(5) and emergency exceptions under regulation 9, once the airport at Badgerys Creek is operational for night aircraft movements.
The amending regulations impose specific obligations on the parties and entities governed by the Air Navigation (Aerodrome Curfew) Regulations. Existing night freight operators are required to use quieter BAe-146 aircraft in the short to medium term. The regulations specify the reallocation and phasing out of certain aircraft types and movements, mandating that Mayne Nickless phase out its hushkitted DC9 aircraft and transition to BAe-146 aircraft by May 1996. Qantas and Ansett must adhere to their respective allocated weekly movements, and National Jet Systems is enabled to operate up to 28 weekly movements using BAe-146 aircraft. The regulations also require the Minister to permit specific aircraft types to operate during the curfew period by Gazette notice, subject to objective criteria defining small low noise jet aircraft. Once the airport at Badgerys Creek becomes operational for night aircraft movements, all curfew period operations, other than permitted international flights and emergency exceptions, must cease.
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1995 (No. 78) do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the amended regulations could potentially lead to enforcement actions under the Air Navigation Act 1920, which may include fines or other penalties as prescribed by law. The specific penalties would depend on the nature and severity of the breach, as well as any relevant provisions in the Air Navigation Act 1920 or other applicable legislation.