Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1991 No. 408
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 408
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 11am 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 remedy some deficiencies that have become apparent since the Regulations came into operation. In particular, the amending Regulations:
prohibit the operation during the curfew period of some older aircraft which are currently able to land and take off during the curfew period where those aircraft do not meet the intended noise standards;
provide that aircraft in respect of which a push back has been approved just before the beginning of a curfew period must take off within a reasonable time after the beginning of the curfew period;
replace the requirement for monthly reverse thrust reports with a requirement for a report only when reverse thrust is used during the curfew period;
fulfil commitments given to the Senate Standing Committee on Regulations and Ordinances in July 1990 to:
(i) provide a right of review by the Administrative Appeals Tribunal of a decision by the Minister to refuse to grant an application that an aircraft may land at, or take off from, the Aerodrome during the curfew period; and
(ii) provide a defence of reasonable excuse where a person has apparently committed an offence by not providing information relating to the classification of an aircraft where that information has been requested by the Secretary or by an authorised person; and
correct a number of minor drafting errors.
The amending Regulations came into operation on the date of their notification in the Gazette.
Overview
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1991 No. 408, issued by authority of the Minister for Shipping and Aviation, amends the existing Air Navigation (Aerodrome Curfew) Regulations to address specific deficiencies that have emerged since their implementation in December 1989. These amendments were introduced under the authority of the Air Navigation Act 1920, which grants the Governor-General the power to make regulations related to the operation of aerodromes, including the establishment of curfews to manage noise pollution. The primary objective of these amendments is to enhance the effectiveness of the curfew regulations at Sydney (Kingsford Smith) Airport by ensuring stricter compliance with noise standards, improving operational efficiency during curfew periods, and providing clearer legal recourse and defence mechanisms for relevant parties. These changes aim to balance the need for noise reduction with the practicalities of airport operations.
Scope and Application
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1991 No. 408 amends the Air Navigation (Aerodrome Curfew) Regulations, which are established under the Air Navigation Act 1920. These regulations apply specifically to Sydney (Kingsford Smith) Airport, imposing a curfew from 11pm to 11am to mitigate noise pollution in the surrounding suburban areas. The Act applies to all entities and persons involved in the operation, landing, and takeoff of aircraft at the specified aerodrome during the curfew hours. The amendments address operational deficiencies that have arisen since the initial regulations took effect, prohibiting certain older aircraft from operating during the curfew unless they meet specified noise standards, requiring aircraft to take off within a reasonable time if pushback has been approved just before curfew begins, and modifying reporting requirements for reverse thrust usage during the curfew. The amendments also include provisions for review by the Administrative Appeals Tribunal and a defence of reasonable excuse for failing to provide aircraft classification information when requested. The regulations extend to the Commonwealth jurisdiction and are enforced through subordinate instruments, which may further clarify or expand upon the scope and application of these regulations.
Key Provisions
The Air Navigation (Aerodrome Curfew) Regulations (Amendment) 1991 No. 408 amends existing regulations pertaining to curfew arrangements at Sydney (Kingsford Smith) Airport. Specifically, Section 26(1) of the Air Navigation Act 1920 authorises the Governor-General to make regulations for the purposes of the Act, including the establishment, maintenance, and operation of aerodromes as stated in Section 26(2)(e). The existing regulations, which have been in effect since December 1989, were designed to reduce night-time noise over the suburbs adjacent to the airport by imposing a curfew from 11pm to 11am. The amendments address several issues that have arisen since the original regulations were implemented.
The amended regulations impose certain obligations on parties operating at the airport. Firstly, they prohibit the operation of older aircraft that do not meet specified noise standards during the curfew period. This is a significant change as it restricts the types of aircraft that can operate during these hours. Secondly, the regulations require that any aircraft which has been approved for pushback just before the curfew period must take off within a reasonable time after the curfew begins. This ensures that operations do not start immediately at the end of the curfew, thereby maintaining the intended noise reduction. Furthermore, the amendments modify reporting requirements, replacing the previous monthly reverse thrust reports with a requirement to report only when reverse thrust is used during the curfew period. This change aims to streamline reporting while still ensuring compliance with noise regulations.
Failure to comply with these regulations can lead to civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of air navigation regulations can generally result in significant fines or other penalties as prescribed under the Air Navigation Act 1920. Additionally, the amendments provide a right of review by the Administrative Appeals Tribunal for decisions made by the Minister regarding applications to land or take off during the curfew period, ensuring that there is a process in place for resolving disputes. Furthermore, there is a provision for a defence of reasonable excuse for those who fail to provide information about aircraft classification when requested, which could potentially mitigate penalties in certain circumstances. The regulations came into effect immediately upon notification in the Gazette, ensuring that all parties are aware of the new requirements without delay.