Air Navigation (Aerodrome Flight Corridors) Regulations (Amendment) 1996 No. 37
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 37
Issued by the Authority of the Minister for Transport and Regional Development
Air Navigation Act 1920
Air Navigation (Aerodrome Flight Corridors) Regulations (Amendment)
Subsection 26(1) of the Air Navigation Act 1920 (the Act) empowers the Governor-General 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.
The Air Navigation (Aerodrome Flight Corridors) Regulations (Amendment) amends the Regulations to repeal Flight Corridors B, D and F, the three flight corridors to the north of the Airport. As a result, jet aircraft landing from or taking off to the north of the Airport will no longer be required to adhere to flight corridors which, in effect, concentrate movements over a small number of suburbs immediately to the north of the Airport. Abolition of the northern flight corridors will contribute to spreading the noise burden more equitably.
Regulation 1 provides that the Regulations are amended as set out in the Amendment.
Regulation 2 repeals items 2, 4 and 6 of the Schedule to the Regulations, which represent Flight Corridors B, D and F.
The regulations commence on Gazettal.
Overview
The Air Navigation (Aerodrome Flight Corridors) Regulations (Amendment) 1996 No. 37 was enacted to address the issue of noise pollution from jet aircraft landing and taking off at Sydney (Kingsford Smith) Airport. This amendment to the Air Navigation Act 1920, issued by the authority of the Minister for Transport and Regional Development, aims to modify the designated flight corridors for aircraft at the airport. Specifically, the amendment seeks to remove certain flight corridors to the north of the airport, thereby reducing the concentration of aircraft movements over a limited number of northern suburbs and aiming to distribute the noise impact more evenly across the surrounding areas. The overarching policy objective is to enhance the equitable distribution of noise pollution from air traffic around the airport.
Scope and Application
The Air Navigation (Aerodrome Flight Corridors) Regulations (Amendment) 1996 applies to all aircraft operating within the designated flight corridors around Sydney (Kingsford Smith) Airport, specifically focusing on jet aircraft that land or take off from the airport's parallel north-south runways. The Amendment repeals certain flight corridors, namely Corridors B, D, and F, which were previously required for aircraft moving to the north of the airport. By removing these specific flight paths, the Amendment aims to distribute the noise impact more evenly across the surrounding suburbs. The geographic reach of these regulations is confined to the airspace around Sydney (Kingsford Smith) Airport. The regulations are issued under the authority of the Minister for Transport and Regional Development and are made pursuant to the Air Navigation Act 1920, which grants the Governor-General the power to make regulations concerning air navigation. The regulations take effect upon their gazette and do not specify any exclusions or exemptions, thereby applying uniformly to all qualifying aircraft within the specified flight corridors. The Amendment extends the application of the Act by modifying the existing Regulations to address noise distribution concerns.
Key Provisions
The Air Navigation (Aerodrome Flight Corridors) Regulations (Amendment) 1996 No. 37 (the Amendment) operates under the authority granted by Subsection 26(1) of the Air Navigation Act 1920 (the Act). This section allows the Governor-General to establish regulations concerning air navigation, specifically in relation to trade and commerce with other countries and among the states, as well as any other matters where Parliament has legislative power. The Amendment is focused on modifying the Air Navigation (Aerodrome Flight Corridors) Regulations (the Regulations) which originally established designated flight corridors for aircraft landing at or taking off from Sydney (Kingsford Smith) Airport. Under the Amendment, Regulation 1 details the specific changes being made to the Regulations, which include the repeal of certain flight corridors.
The Amendment imposes certain obligations and requirements on the parties involved. Primarily, the Amendment is directed at jet aircraft operators who must now adhere to the updated flight corridors. With the repeal of Flight Corridors B, D, and F, these aircraft will no longer be required to fly over specific areas to the north of the Airport. This change is intended to help distribute the noise burden more evenly across the surrounding areas rather than concentrating it over a small number of northern suburbs. Operators must now ensure their aircraft adhere to the new flight paths as defined in the amended Regulations, which means adjusting their flight plans and operations accordingly to comply with the updated rules.
The Amendment introduces civil consequences for non-compliance with the new flight corridors. Operators who fail to follow the revised flight paths may face regulatory action under the Air Navigation Act 1920. While the Amendment does not explicitly state penalties, non-compliance with air navigation regulations can typically result in significant fines or other enforcement actions. Additionally, failure to adhere to the designated flight corridors could lead to increased noise complaints and potential legal action from affected residents, further highlighting the importance of strict compliance with the new regulations.
The Amendment also has implications for the distribution of noise pollution around the Airport. By repealing certain flight corridors, the Amendment aims to mitigate the concentration of aircraft noise over a limited number of northern suburbs. However, this redistribution may shift noise burdens to other areas, necessitating ongoing monitoring and potential future regulatory adjustments to address any emerging issues. The overarching goal is to balance operational efficiency with the need to minimise the impact of aircraft noise on surrounding communities.