Air Navigation (Aerodrome Flight Corridors) Regulations (Amendment) 1995 No. 445
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 445
Issued by the Authority of the Minister for Transport
Air Navigation Act 1920
Air Navigation (Aerodrome Flight Corridors) Regulations (Amendment)
Subsection 26(1) of the Air Navigation Act 1920 (the Act) empowers the ...... GovernorGeneral to make regulations in relation to air navigation, being regulations with respect to trade and commerce with other countries and among the States [paragraph 26(1)(d)] and any other matter with respect to which the Parliament has power to make laws [paragraph 26(1)(e)]. Paragraph 26(2)(e) of the Act provides that, without limiting the generality of the above, regulations may be made in relation to the establishment, maintenance, operation and use of aerodromes.
The Air Navigation (Aerodrome Flight Corridors) Regulations (the Regulations) establish designated flight corridors in respect of the parallel north-south runways at Sydney (Kingsford Smith) Airport (the Airport) within which jet aircraft must fly when landing at, or taking off from, the Airport. An operator of a jet aircraft that flies outside, or deviates from, the designated flight corridor for the relevant runway at the Airport is guilty of an offence.
The amending regulations will require propeller-driven aircraft to adhere to the Airport's flight corridors when landing at or taking off from Sydney Airport during the curfew and provide that operators of such aircraft are subject to the same offences and penalties as are operators of jet aircraft.
Details of the amending regulations are set out below.
Regulation 1 provides that the Regulations commence on 28 March 1996.
Regulation 2 provides that the Air Navigation (Aerodrome Flight Corridors) Regulations (the Principal Regulations) are amended as set out in the Regulations.
Regulation 3 amends definitions contained in regulation 2 of the Principal Regulations and inserts a new definition of "relevant propeller-driven aircraft". These amendments are consequential upon the passage of both the Air Services Act 1995 and the Sydney Airport Curfew Act 1995.
Regulation 4 amends regulation 3 of the Principal Regulations by inserting a reference to "relevant propeller-driven aircraft". Subregulation 3(1) of the Regulations requires that jet aircraft must fly within, and not deviate from, the appropriate designated flight corridor for the runway, except in accordance with an instruction or approval given by an air traffic controller in accordance with subregulation 3(2). Regulation 4 extends the operation of these provisions to relevant propeller-driven aircraft.
Regulation 5 amends subregulation 4(1) of the Principal Regulations by designating flight corridors for propeller-driven aircraft.
Regulation 6 amends regulation 5 of the Principal Regulations by inserting a reference to relevant propeller-driven aircraft so that the operators of such aircraft are subject to the same offences and penalties arising from regulation 3 in the Principal Regulations as are operators of jet aircraft.
Regulation 7 amends regulation 6 of the Principal Regulations by removing the reference to the Civil Aviation Authority and replacing it with a reference to Airservices Australia.
Regulation 8 replaces regulation 7 of the Principal Regulations. The effect of this amendment is to prescribe the functions of Airservices Australia to include the monitoring of the Principal Regulations and investigating any conduct that may constitute a contravention of those Regulations.
The amending regulations commence on 28 March 1996. The deferred commencement is necessary to enable Airservices Australia to develop, and publish, appropriate operating procedures.
Overview
The Air Navigation (Aerodrome Flight Corridors) Regulations (Amendment) 1995 No. 445 were enacted to address the need for consistent regulation of both jet and propeller-driven aircraft operations within designated flight corridors at Sydney (Kingsford Smith) Airport, particularly during the curfew hours. This amendment was necessary to align the regulatory framework with the broader legislative changes introduced by the Air Services Act 1995 and the Sydney Airport Curfew Act 1995. Issued by the Authority of the Minister for Transport, these regulations aim to enhance safety and efficiency in air navigation by ensuring all aircraft adhere to the designated flight corridors, thus minimising the risk of mid-air collisions and other potential hazards. The policy objective is to maintain a standardised and enforceable regulatory environment that accommodates the evolving nature of air traffic at one of Australia's busiest airports.
Scope and Application
The Air Navigation (Aerodrome Flight Corridors) Regulations (Amendment) 1995 applies to operators of jet and propeller-driven aircraft flying within designated flight corridors at Sydney (Kingsford Smith) Airport. This includes both domestic and international flights that take off from or land at the airport. The amending regulations extend the application of the existing flight corridors to propeller-driven aircraft, particularly during curfew hours, aligning the operational requirements and penalties for both types of aircraft. The geographic scope of these regulations is limited to the airspace around Sydney Airport and its flight corridors. There are no stated exclusions or exemptions within the text, though it is implied that adherence to the corridors is mandatory for the specified aircraft during curfew hours. The application of these regulations is extended through subordinate instruments, such as the Air Services Act 1995 and the Sydney Airport Curfew Act 1995, which necessitate amendments to the definitions and operational provisions in the existing regulations.
Key Provisions
The Air Navigation (Aerodrome Flight Corridors) Regulations (Amendment) 1995 No. 445 primarily amend the Air Navigation (Aerodrome Flight Corridors) Regulations to include provisions for propeller-driven aircraft operating at Sydney (Kingsford Smith) Airport during the curfew period. Regulation 1 states that these amending regulations will commence on 28 March 1996. Regulation 2 provides that the existing Air Navigation (Aerodrome Flight Corridors) Regulations, referred to as the Principal Regulations, are amended in accordance with the details set out in these Regulations. Regulation 3 amends the definitions in regulation 2 of the Principal Regulations and introduces a new definition for "relevant propeller-driven aircraft". This definition is crucial as it sets the parameters for the aircraft that are subject to the new flight corridor requirements.
The obligations imposed by these regulations are significant for operators of both jet and propeller-driven aircraft. Regulation 4 ensures that the existing flight corridor requirements, which mandate that jet aircraft must fly within designated corridors, also apply to relevant propeller-driven aircraft. Specifically, subregulation 3(1) of the Regulations requires that aircraft must fly within, and not deviate from, the appropriate designated flight corridor for the runway, except as directed by an air traffic controller under subregulation 3(2). Regulation 5 further designates specific flight corridors for propeller-driven aircraft, ensuring that these aircraft adhere to the same operational standards as jet aircraft. Regulation 6 extends the scope of the existing offences and penalties under regulation 3 of the Principal Regulations to operators of relevant propeller-driven aircraft, ensuring consistency in enforcement.
Failure to comply with the amended regulations can lead to serious consequences. Regulation 6 explicitly states that operators of propeller-driven aircraft who do not adhere to the designated flight corridors during the curfew will be subject to the same offences and penalties as operators of jet aircraft. These penalties can include fines and other sanctions as stipulated in the Principal Regulations. Regulation 7 further assigns the responsibility of monitoring compliance and investigating potential contraventions to Airservices Australia, replacing the previous authority held by the Civil Aviation Authority. This shift underscores the importance of regulatory oversight in maintaining safe air navigation practices. The amendments aim to enhance safety and efficiency at Sydney Airport by ensuring that all aircraft, regardless of type, adhere to the same operational standards during critical periods.