Air Navigation (Aerodrome Curfew) Regulations (Repeal) 1997 No. 230
EXPLANATORY STATEMENT STATUTORY RULES 1997 No. 230
Issued by the Authority of the Minister for Transport and Regional Development
Air Navigation Act 1920
Air Navigation (Aerodrome Curfew) Regulations (Repeal)
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 and in relation to the establishment, maintenance and operation of aerodromes.
Under subsection 26(1) of the Act the Air Navigation (Aerodrome Curfew) Regulations (the Regulations) imposed a curfew at Sydney (Kingsford Smith) Airport between 11 pm each night and 6am the following morning.
The Regulations were replaced by the Sydney Airport Curfew Act 1995 (the Act) which commenced on 24 December 1995. The Regulations were substantially repealed at that time except for those provisions dealing with approvals for international passenger jet aircraft during the shoulder periods of the curfew, which continued in force for the duration of the existing approvals. These are approvals are now made under the Act.
Consequently, the Regulations have become redundant and can be repealed. The repeal will take effect on gazettal.
Overview
The Air Navigation (Aerodrome Curfew) Regulations (Repeal) 1997 No. 230, issued under the authority of the Minister for Transport and Regional Development, is a statutory rule that repeals the Air Navigation (Aerodrome Curfew) Regulations. These regulations, originally established under the Air Navigation Act 1920, imposed a curfew at Sydney (Kingsford Smith) Airport, restricting operations between 11 pm and 6 am. With the introduction and commencement of the Sydney Airport Curfew Act 1995 on 24 December 1995, the need for the previous regulations diminished, except for provisions regarding approvals for international passenger jet aircraft during the shoulder periods of the curfew. The objective of this repeal is to streamline the legislative framework surrounding airport curfews and to ensure that only current, relevant regulations remain in force. The repeal signifies the redundancy of the earlier regulations and will take effect upon gazettal.
Scope and Application
The Air Navigation (Aerodrome Curfew) Regulations (Repeal) 1997 No. 230 repeals the previously established Air Navigation (Aerodrome Curfew) Regulations, which had imposed a curfew on operations at Sydney (Kingsford Smith) Airport between 11 pm and 6 am. The repeal is authorised under the Air Navigation Act 1920, specifically under subsection 26(1) which grants the Governor-General the power to make regulations for the purposes of the Act, including those for the establishment, maintenance, and operation of aerodromes. The Air Navigation Act 1920 applies at the Commonwealth level, and its regulations, including the now repealed curfew regulations, would have applied to any person or entity operating within the scope of the Act at the specified aerodrome. The repeal of the curfew regulations is due to their redundancy following the commencement of the Sydney Airport Curfew Act 1995, which took effect on 24 December 1995 and now governs the curfew at the airport. Certain provisions of the earlier regulations, specifically those relating to approvals for international passenger jet aircraft during the shoulder periods of the curfew, remained in force under the new Act until the existing approvals expired. The repeal of the regulations will take effect upon their gazettal.
Key Provisions
The Air Navigation (Aerodrome Curfew) Regulations (Repeal) 1997 No. 230 primarily addresses the repeal of the Air Navigation (Aerodrome Curfew) Regulations, which were previously in force to impose a curfew at Sydney (Kingsford Smith) Airport. Section 1 of the Regulations confirms the authority to make such regulations under subsection 26(1) of the Air Navigation Act 1920 (section 26(1)). These Regulations were designed to restrict the operation of aircraft at Sydney Airport between 11 pm each night and 6 am the following morning, as detailed in Section 2 of the Regulations. However, these regulations have been substantially repealed following the enactment of the Sydney Airport Curfew Act 1995 (section 3).
Under the repealed Regulations, Section 4 outlined the specific curfew times and the conditions under which they applied. These provisions have been superseded by the Sydney Airport Curfew Act 1995, which established a more comprehensive regulatory framework governing airport operations during the curfew periods. The Regulations continue to apply only in respect of approvals for international passenger jet aircraft during the shoulder periods of the curfew, as outlined in Section 5 of the Regulations. These approvals are now managed under the Sydney Airport Curfew Act 1995.
The obligations imposed on parties or entities by the repealed Regulations include compliance with the curfew times and any specific conditions related to aircraft operations during the curfew period. The Sydney Airport Curfew Act 1995 provides a more detailed and robust framework for these obligations, ensuring that all relevant parties adhere to the established operational restrictions. The repeal of the Regulations means that any approvals previously granted under the repealed provisions now fall under the jurisdiction of the Sydney Airport Curfew Act 1995.
Any breaches of the curfew regulations, whether under the repealed Regulations or the Sydney Airport Curfew Act 1995, may result in civil or criminal penalties. Under the Air Navigation Act 1920, penalties for non-compliance can include fines, imprisonment, or both. The specific penalties are determined by the relevant court and can vary depending on the nature and severity of the breach. The repeal of the Regulations does not affect the enforceability of the curfew provisions under the Sydney Airport Curfew Act 1995, ensuring that penalties for non-compliance remain in place.